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HomeMy WebLinkAboutPW15-195 - Original - Tetra Tech, Inc - Monitor and Analyze Water Quality at Lakes Fenwick & Meridian - 05/29/2015 K ecords if ENT WASHINGTON Document i CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Vendor Number: JD Edwards Number. Contract Number: MIS - 1014is- This is assigned by City Clerk's Office Project Name: M0V1(tz/\( WCA&V GVCU'h Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ❑ Other: Contract Effective Date: j)2°( l l Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: . 00 V1 S Department: Contract Amount: ccS Approval Authority: ❑ Department Director ❑Mayor ❑City Council Detail: (i.e. address, location, parcel number, tax id, etc.): 4- Ion adccW 10877_8_14 • KENT W A S H I N G T O.N CONSULTANT SERVICES AGREEMENT between the City of Kent and Tetra Techr 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 I of the State of Washington, located and doing business at 1420 5t" Avenue, Suite 550, Seattle, WA 98101 Phone: (206) 838-6258/Fax: (206) 728-9670 Contact: Adam Baines (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. 11 Consultant shall perform the following services for the City in accordance with the following described plans and/or.specifications: Consultant shall monitor and analyze surface water, quality conditions and aquatic weeds in Lake Fenwick and Lake Meridian during 2015. For a description, see the Consultant's 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. Consultant shall complete the work described in Section I by June 30, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty .Eight Thousand Two Hundred Twelve Dollars and twenty six cents ($28,212.26), 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$10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final :bill upon completion of all services described in> this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the 'option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control `and direct, the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own' place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant,is engaged rin an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. I D. The Consultant is responsible for filing as they become due all necessary tax t documents with appropriate federal and state agencies, including the Internal f Revenue Service and the state Department of Revenue.- C 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. I _ 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 f employment: relates. Consultant shall execute the attached City of Kent Equal Employment f 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 suitor 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, p.lus 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. CITTS 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) n authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference maybe 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' performancel,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 I 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 Iof the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any.officer or CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) JA ` r IL other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or, altering in any manner this Agreement. All of the above documents are hereby made,a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section I. Contractor agrees to provide proof of a current city ,of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. Counterparts. This Agreement may be executed in any number, of 'counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the,parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF'KENT: By: By (signature) (signature), Print Na Me: tzy-r4, Ze iL/ors Pri Na �J: uzette Cooke Its 4�e G Gem Its Mavor (title) DATE: / DATE: /S : NOTICES TO BE'SENT TO NOTICES TO BE SENT TO: CONSULTANT: CITY OF;KENT: Adam Baines Timothy 3. LaPorte, P.E. Tetra Tech, Inc. City of Kent 1420 5t" Avenue, Suite 550 220 Fourth Avenue South Seattle, WA 98101 Kent, WA 98032 (206) 838-6258 '(telephone) (253) 856-5500 (telephone) (206) 728-9670 (facsimile) (253) 856-6500 (facsimile) APPR ED'AS O F M: Kent Law Department [In this field,you may enter the electronic filepath where the contract has been saved] CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) i c � DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY i 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: j 1. I have read the attached City of Kentadministrative;policy number 1.2. 2. During the time of this Agreement I will not discriminate in em`ployment 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 ry 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. a; By For. Title: Atz-11 Date: //,5- 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 POLICY: . Equal employment opportunity requirements 'for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. ` 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers- subject ,to these regulations are familiar with the regulations and the City's equal employment opportunity f policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO'COMPLIANCE DOCUMENTS - 2 i CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I; the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City, of Kent: I declare that I complied fully with all of the requirements and obligations ;as outlined in the City of Kent Administrative Policy ,1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title:' Date EEO COMPLIANCE-DOCUMENTS - 3 EXHIBIT A For 2015 Water Quality Monitoring Lakes Fenwick and Meridian April 23,2015 Prepared for: City of Kent Prepared by: Tetra Tech,Inc. 1420 5tn Avenue, Suite 550 Seattle,WA 98101 Attn: Adam Baines 206.728.9655 Scope Overview j The City of Kent with the aid of Tetra Tech(Tt)has been monitoring the environmental conditions at k Lake'Fenwick and Lake Meridian. The following scope of work for 2015 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 I 2015. 'The primary goals of this project are to: 1) Continue to collect baseline data for annual assessment of the lakes' environmental health j and to provide a long-term database'for potential management decisions in the future,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, Secchi disk, chlorophyll a (chi a), and phytoplanldon. The collected dataset will;be summarized and a detailed assessment made as to the € overall condition of the lakes for 2015. A specific scope of work is outlined below.Cost estimates for l 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 is i 1 i Kejit Lakes Scone of W()rL. Detailed Work Tasks: Task 1: Project Management 1.1 Tt will prepare monthly invoicing. 1.2 Tt will perform monthly QA/QC analysis of field and laboratory data to ensure the on-going validity of the collected data. Deliverables: ® Monthly invoices Task 2: Monitoring Described below are the specific sampling tasks that will occur during the 2015 monitoring period. Sampling events will occur on or approximately on the following dates: June-10 July-15 August-12 September-16 October-14 November-11 The following tasks will be performed during each sampling event: Lance Meridian Monitoring Durmlg each sampling event listed,above water quality samples will be taken at the deepest point ofthe lake at a depth of 1 meter below the lake surface.The water sample will be analyzed for TP (total phosphorus), chl a, and phytoplankton. Water transparency will be determined with a Secchi disc on each sampling event.DO,pH, and temperature will be determined at meter depth,intervals on each sampling date. i On one sampling event,in September,additional samples will be collected for TP and chl 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 lance surface and 0.5 meters above bottom sediments for TP and chl a. Additionally, phytoplankton will be collected at 1 meter below the lake i surface once per month on the proposed sampling Idates. Water transparency will be determined with a `Secchi disc on each sampling occasion. DO, pH, and temperature Will be determined at meter depth intervals on each sampling date. I 1 i i i I i I I iI I i 2 I I i i i I I TGil'�Tech...2W"' Keii( :'iiLs i�tart L-or A f Fenwick Inlet Monitoring The,outflow from the Fenwick Wetland is Lake Fenwick's largest inflow source other than direct precipitation and is delivered to Lake Fenwick via an inlet channel on the west side of the,park Water quality samples will be taken during each sampling event listed above within the inlet channel to Lake Fenwick for TP. When possible(depending on water depth&flow velocity),flow will also be taken in this 5 channel using a Marsh McBirney Flo-Mate 2000 and USGS top-setting wading rod. Assumptions Laboratory testing will be performed at Aquatic Research,;Inc. and will be paid for directly by the City. Phytoplankton samples will be analyzed at Water Environmental Services,Inc.and will be paid for directly by the City. Tt will be responsible for transporting the samples to the laboratories mentioned above. Tt will provide QA/QC of the results from samples delivered. Deliverables: Water quality data collected during the sampling events listed in Task 2 will be sent to the city in hard copy and electronic form(Included within Technical Memorandum) Task 3: Lake Fenwick Macrophyte'Management&Survey The introduction of grass carp into Lake Fenwick to control invasive aquatic plant growth occurred in 2009. However, based on surveys of macrophyte coverage in previous years Leading up to and including 2014,the effectiveness of the grass carp appears to have diminished over time (See 2014 Technical Memorandum). A detailed recommendation and scoping for the introduction of more grass carp will be provided in cooperation with discussions with City of Kent staff with regards to the number of glass carp that will provide an optimal balance between cost and effectiveness. In addition as in ears past, a detailed survey for mapping and assessment of the impact of an Y p , Y pp g p Y remaining grass carp on the macrophytes will be conducted in mid-August'or mid-September.Species type and abundance will be recorded.The results of the survey,the comparison,and detailed mapping of the macrophytes will be summarized in the technical memorandum detailed in Task 4. Deliverables • Cost estimate and recommendations for additional grass camp ® GIS Shapefiles of macrophyte mapping 3 Task 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 2015 for the sites listed in Task 2 and 3 will be included in this memorandum. Water quality and:phytoplankton data from 2015 will be assessed in the context of similar monitoring data from 2006 through 2014 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 parameters and phytoplankton production 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 of water quality for 2015 will be prepared.-The memorandum will include data collected by Tt. Two hard copies and one compact disk will be submitted. Task 5: Record Water Levels Tetra Tech will continue to maintain data loggers at the inlet(outlet of the wetland)to Lake ! Fenwick and the lake itself near the Park Dock in order to collect information on temperature and water.levels. Deliverables: ® Inlet and lake level data will be included in 2015 Technical Memorandum (Task 4) r f Task 6: Lake Fenwick Estimated Water Balance Spreadsheet Due to the inability of the outlet channel to provide reliable data of outflow from Labe Fenwick, 1'p the approach recommended in the 2014 Technical Memorandum would employ the development 4 R _ of an estimated water balance for the 2015.monitoring period using evapotranspiration,lake { level,direct precipitation and estimate of runoff from the watershed using land-use factors with the remaining unaccounted-for loss as an estimate of outflow both via shallow groundwater and surface flows. Deliverables: Excel spreadsheet detailing estimated water balance for the 2015 monitoring period. 4 i EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non owned, hired iand leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 'and shall cover Liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability I assumed under an insured contract: The City shall be named as an insured under the Consultant's Commercial General'Liability insurance policy with respect to the work performed for the City' using 'ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. r I 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single t limit for bodily injury and property damage of $1,000,000 per accident. t 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000general i « EXHIBIT B (Continued) aggregate and;a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy, aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain,, the following provisions for Automobile Liability and Commercial General Liability ...insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or, insurance pool i coverage maintained by the City shall'be excess of the Consultant's insurance and shall not contribute with it. f 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City'reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply.separately to each inst whom claim is made or suit is`brou brought, except'with � insured aga „ g C 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 Tess 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 Contractor before commencement of the work. i 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. i CERTIFICATE OF LIABILITY INSURANCE 7E(MM/201YYYY' D/Y • �1 16 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER: IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to L the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the °. ,certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: Aon Risk Insurance Services west, Inc. PHONE (g66) 283-7122 FAX (800) 363-0105 LOS Angeles CA Office (AIC.No.Ext): (AIC.No.): _ 707,Wi l shl re BOul evard E-MAIL 0 Suite 2600 ADDRESS: _ Los Angeles CA 90017-0460 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Lexington Insurance Company 19437 Tetra`Tech, Inc. INSURERB: National Union Fi re Ins co of Pittsburgh,19445 1420 5th Avenue, 'Suite 550 INSURER C: The Insurance Co of the State of.PA 19429 Seattle wA 98101 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570057696975 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT,TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED`BY PAID CLAIMS. Limits',shown are as requested NSR R TYPE OF INSURANCE INSD WVD POLIO NUMBER MMIDDIYYYY MM/DD/YYYY POLICY EFF POLICY EXP LIMITS B X COMMERCIAL GENERAL LIABILITY GL538 4 EACH OCCURRENCE $1,000,000 ETA GE ORENTED::, CLAIMS-MADE OCCUR PREMISES Ea occurrence). $1,000,,000 X X,C,U Coverage MED EXP(Any one person) $10,000 PERSONAL&ADv INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY X' PROw X LOC PRODUCTS-COMP/OP AGG $2,000,000LO JECT C0 r HER: OT B AUTOMOBILE LIABILITY CA 5101755 10/01/2014 10/01/2015 COMBINED SINGLE LIMIT $1,000,000 Ea accident BODILY INJURY((Per person) C X ANY AUTO. Z ALL OWNED SCHEDULED BODILY INJURY(Per accident) AUTOS AUTOS PROPERTY DAMAGE v X HIRED AUTOS X NON-OWNED Per accident AUTOS' d UMBRELLA LIAB OCCUR EACH OCCURRENCE V EXCESS LIAB CLAIMS-MADE AGGREGATE , DED IRETENTION C WORKERS COMPENSATION AND WCO28328161 10/01/201410/01/2015 X `STATUTE ERH C EMPLOYERS'LIABILITY y j N wCO28328165 10/01/2014 10/01/2015, ANY PROPRIETOR/PARTNER/EXECUTIVE 10/01/2014 10/01/2015 E.L.EACH ACCIDENT $1,OOO,:OOO C OFFICER/MEMBER EXCLUDED? NJ N I A WCO28328166 c (Mandatory in NH) WCO28328167 10/01/2014 10/0,1/2015 E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under E.L._DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS below $l,000,000 A Contractor Prof 028182375 10/01/2013 10/01/2015 Each Clain $1,000,000 Prof/Poll Liab Agggregate $1,000,000 DESCRIPTION OF OPERATIONS)LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Tetra Tech Project via Seattle Office with City of Kent. Tetra Tech Project 2015 Kent Lakes Monitoring water Quality 's Monitoring Lakes Fenwick &'Meridian. City of Kent is included aS Additional Insured in accordance with the policy provisions of the General"Liability and Automobile Liability,policies as required by written contract. General Liability and Automobile - -Contributory to other insurance available to an Additional insured,,but Liability policies evidenced herein are Primary and Non only in accordance with the policy s provisions as required by Written contract. A'Waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the;General Liability, Automobile Liability and Workers' by written contract. Cross Liability-severability of interest is included under the General Compensation policies as required CANCELLATION � CERTIFICATE HOLDER. �- ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE !� EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. r _ City of Kent AUTHORIZED REPRESENTATIVE Attn: Nancy,Yoshitake 220 Fourth Avenue South ('� W�/�i 3� ar Kent WA 98032 USA a�UrO9b sJPtdIG ?dia•. Glruer�d ��ci ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD ' AGENCY CUSTOMER ID: 570000036654 LOC#: ,4co ARKS SCHEDULE �-- ADDITIONAL REM Page _ of _ AGENCY NAMED INSURED Aon Risk Insurance Services west, Inc. Tetra Tech, Inc. POLICY NUMBER see certificate Number: 570057696975 CARRIER NAIC CODE See Certificate Number: 570057696975 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Description of Operations/Locations/Vehicles: Liability policy where required by written contract. ✓// i i i �I it Ii I I I i ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT This endorsement, effective 12:01 A.M. 1 Q/01/201 4 forms a park of Policy No. GL5388413 issued to Tetra Tech, Inc. By: National Union Fire Insurance Company of Pittsburgh, PA- LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURE This policy is amended as follows: I 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 rovided to the Insurer, either directly or through its broken of ( � ) p record the email address of a contact at ea ch such entity; and 3. the Insurer received this 'information after the First Named insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, - the insurer will provide advice of cancellation (the "Advice") via a-mail to each such Certificate Holders within 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 Holder(s) as soon as reasonably practicable after the First Named Insured provides such,information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy: The following Definitions apply to this endorsement: 1. First Named Insured means the tamed 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 107414 (03/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT i This endorsement, effective 12:01 A.M. 10/01/2014 forms a part of j Policy No. CA5101755 issued to Tetra Tech, Inc. By: National Union Fire Insurance Company of Pittsburgh, PA 1 LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED 1� 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 j 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 Punned 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 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 j Insured, will serge as proof that the Insurer has fully .satisfied its obligations under 'this endorsemen t'. i 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: I j 1. First Named Insured means the Named Insured shown on the beclarations Page of this policy. 2. Insurer means the insurance company shown in the header cn the Declarations page of this policy. All other terms, conditions and exclusions shall remain the same. ! i ! 107414 (03/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CA►REFULLY, ENDORSEMENT This endorsement, effective 12:01 A.M. 10/0112014 forms a part of Policy No. WC 028328161 issued to Tetra Tech, Inc. By: Insurance Company of the State of Pennsylvania LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE.t IRST NAMED INSURED This policy is emended 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 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 Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer. Proof of the Insurer emailing the'Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1 First Named Insured means.the Famed 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. 107414 (03/11) _ I L THIS ENDORSEMENT CHANGES THE POLICY. 'PLEASE DEAD IT CAREFULLY. y ENDORSEMENT This endorsements effective 12.01 A.M. 10101/2014 forms a part of Policy No. Wco"" i issued to Tetra Tech, Inc. i By: Insurance Company of the State of Pennsylvania i LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED, E 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 electronics 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 clays after the First Named Insured provides such information to the Insurr� 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 p ion to the Insurer. Named Insured provide 'such informal the First Nam.. Proof of the Insurer emailing the:Advice, using the information°provided by the First Named Insured, will serve as proof that the insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy. All other terms, conditions and exclusions shall remain the same. 107414 (03111 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT This endorsement, effective 12:01=A.M. 10/01/2014 forms a part of Policy No. WC 028328166 issued to Tetra Tech, Inc. By: Insurance Company of the State of Pennsylvania LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED I: 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 policy ( "Certificate cert�fiicate holder when this oli �s canceled hereinafter, the 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 Tamed 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 I Certificate Holders within 30 1 days after the First Named Insured provides such information to the Insurer; provided, however, that if aspedfi&ihumber of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides`such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the; First Named Insured, will serve as proof, that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. insurer means the insurance company shown in the header on the Declarations page of this policy. All other terms, conditions and exclusions shall remain the same. 107414 (03/11) ENDORSEMENT ENT This endorsement,effective 12 01 AM 10/01/2014 Forms apart of policy no.: 02818237 Issued to:TETRA TECH, NC., ET AL By:LEXINGTON INSURANCE COMPANY ADVICE OF CANCELLATION TO ENTITIES OTHER THAN THE NAMED INSURED LIMITED TO E-MAIL NOTIFICATION 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 the contact at such entity, and the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prier 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 such Certificate Holders. i Proof of the Insurer entailing the Advice, using the information provided by the First Named Insured, ►gill serve as proof that the Insurer has fully satisfied its ohligat ons under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy ar the effective date thereof, no 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 shovm 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. LX89M(051131 Page 1 of 1 ENDORSEMENT This endorsement, effective 12:01 A.M. 10/01/2014 forms a part of policy No. GL5388413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY., CONTRACTOR'S COMMERCIAL PRIME ENDORSEMENT This endorsement modifies insurance provided under the fallowing: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Coverage afforded under this endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. I. ADDITIONAL INSUREDS Section 11 WHO IS AN INSURED, 1.'is amended to include as an insured any person or organization described in paragraphs A through I below, whom you are required to add as n ract or . . - der a written cont ract or agreement. meat. The written con tract n I_insured under 9 'n_addrtw a a agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2 Executed prior to "bodily injury", "property damage," or "personal injury and advertising injury,. i 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 contractor 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 L2. The coverage and/or limits required by said contract or agreement. II, B. CONTROLLING INTEREST 1. Any person or organization having a greater than a 50% interest in you, but only with respect to their liability,arising out of: a. Their financial control of,you, or b. Premises they own, maintain or control while you lease these premises. 2. The insurance afforded to these additional insureds under Paragraph I.B.1 does not apply to structural alterations, new construction or demolition operations,performed by or for that person or organization. ! C. CO-OWNER OR INSURED PREMISES A'Co-owner of insured premises co-owned by you and covered by this insurance but l with respect to their liability as co-owner of the premises. on Y Y P Page 1 of 7 100983 (2/09) . D. LESSOR OF LEASED EQUIPMENT 1. Any person or organization from whom you lease equipment, but only with respect to liability for"bodily injuryll, "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 1.D.1, this insurance does not apply to any "occurrence" which takes place: a) . after the equipment lease expires, or b) after the equipment is returned or no longer in your possession, whichever takes place later. E. MANAGERS OR LESSORS OF PREMISES Managers or Lessors of premises but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to I the following additional exclusions:' This insurance under this paragraph does not apply to: 1. Any"occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations,new construction or demolition operations performed by or on behalf of such Managers or Lessors. F. MORTGAGEE, ASSIGNEE, OR RECEIVER 1. A mortgagee,` assignee, or receiver but only with respect to their liability as mortgagee, assignee, or,receiver and arising out of the ownership, maintenance, or use of the premises by you. 2. The insurance afforded to the additional insureds under Paragraph I.F.1 does not apply to structural alterations, new construction or demolition operations performed by or for that mortgagee,:assignee, or receiver. G. OWNERS, LESSEES, OR CONTRACTORS- COMPLETED OPERATIONS (1) Any Owner, Lessee or Contractor, but only with respect to liability arising out of your work" performed for that additional insured and included in the '"products- completed operations hazard". N. OWNERS, LESSEES,OR CONTRACTORS-ONGOING OPERATIONS Any Owners, Lessees,or Contractors,but only with respect to liability arising out of- your ongoing operations performed for that additional insured. This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) all work, including materials,parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed`by or on behalf of the additional insured(s) has been completed or, (Z) 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 I than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Page 2 of 7 100983 (2/09) 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 municipality; or b. "Bodily injury" or "property damage" included within the "products- completed operations hazard". IL PRIMARY INSURANCE-ADDITIONAL INSUREDS Where persons or organizations have been added to your policy as additional insureds to comply with insurance requirements of written contracts mandating primary coverage for such additional insureds relative to: a) the performance of your ongoing operations for the additional insureds; or b) "your work" performed for the additional insureds and included in the "products- completed operations hazard, then with respect to these additional insureds as defined above in this Section only, - AL LIABILITY CONDITIONS, Paragraph 4. - Other SECTION IV COMMERCIAL l i. Insurance,a': - Primary Insurance, is deleted in its entirety and replaced with the fallowing: This insurance is primary over any similar,insurance available to any person or organization we have added to fihis policy as an additional insured to comply with insurance requirements of written contracts mandating primaryl coverage for such additional insureds relative to (a) the performance of your ongoing operations!for the additional insureds, or (b) "your work" performed for the additional insureds and included in the '*products-completed operations hazard: However, this insurance is primary over any other similar insurance only, if the additional insured is designated as a narned insured of the other similar insurance. We will not requireeontribution of limits from t he other similar insurance if the insurance afforded is primary. III. INCIDENTAL MEDICAL MALPRACTICE LIABILITY COVERAGE SECTION 11 -'WHO IS AN INSURED, 2. a. (1) (d) is deleted in its entirety and replaced with the following: I (d) 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 i 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 p arising s as your n .out of services performed outside of the scope of their duties "employees. Any series of continuous, repeated or related acts will be treated as the occurrence of a r single negligent professional healthcare service, which will be j assignable to the same policy and policy year,in which the originating act occurred. SECTION V DEFINITIONS - is amended to add: Incidental Medical Mal ractice Injury" means"Bodily Injury" arisin out of the renderin " P Y 9 9, 1 of or failure to render the following services: i I I I 100983 (2109) Page 3of7 i I I y a. medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or b. the furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. The Coverage;provided by this endorsement does not apply to you or any insured if you are engaged in the business or occupation of providing any of the services described in the definition of "Incidental Medical Malpractice Injury". IV. JOINT VENTURES PARTNERSHIPS I LIMITED LIABILITY COMPANIES The paragraph under SECTION 11 WHO IS AN INSURED' which states: No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. - is hereby deleted and replaced with the following: No person or organization,other than you, is an insured with respect to the conduct of any current or past Ipartnership, 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 I.b., is deleted in its entirety and replaced with the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of 'any vehicle to which the Bodily Injury Liability +Coverage,applies. We do`not have to furnish these bonds. VI. LIBERALIZATION CLAUSE If we revise or replace our tstari,dard 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, S. - Representations is amended by adding: d. The' unintentional failure by you or any Insured to provide accurate and complete nonmaterial representations as of the inception of the policy will not prejudice the coves afforded ,by,this policy. Vill. 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: 'I00983 (2109Y Page 4 0#7 to a. You must see to it that we are notified as,soon as practicable of any "occurrence"or an offense, which may'result in a claim. Knowledge of an "occurrence" or an offense by your agent, your servant, or your employee will not in itself.constitute knowledge to you unless the Director of Risk Management (or one with similar or, equivalent title) or his/her designee will have received such notice. To the extent possible notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any"injury or damage arising out of the "occurrence" or offense. IX AMENDMENT OF EXPECTED OR INTENDED INJURY EXCLUSION SECTION I COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. - Exclusions, a. - Expected or Intended Injury, is deleted and replaced by the following: a. "Bodily injury" or "property damage" expected or intended:from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to 'protect persons or property. X. CONTRACTUAL LIABILITY-''RAILROADS Only with respect to (i) operations performed within 54 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: 9. "Insured'Contract" means: a. A contract for a leaser 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 re tired to,you or temporarily occupied by you with permission Of the owner is not an,"insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. ;An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a rrippicipality; 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 p a municipality) under` which you assume' the tort liability of erformed for another party to pay for "bodily injury" or"property damage" to a third person g . Tort liability moans a liability that would be imposed,by law in or or anization the absence of any contract or agreement. i Paragraph f. does not include that part of any contract or agreement: ('I) That indemnifies an architect, engineer or surveyor far injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 100983 (2109) Page 5 of 7 i i (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 (1) above and supervisory, inspection, architectural or engineering activities; and B. SECTION IV COMMERCIAL GENERAL' LIABILITY CONDITIONS, 4. - Other Insurance, b. Excess Insurance, (1) (a), is amended to include the following: (v) That is a Railroad Protective Insurance Policy or similar coverage. X[. COVERAGE FOR YOUR SUPERVISORY' OR MANAGERIAL EMPLOYEES RELATING TO CO- EMPLOYEE INJURIES SECTION II-WHO IS AN INSURED, 2.a. 0), (a) and(b) are clarified.to hold that: Your supervisory or managerial "employees" are insureds for "bodily injury" to "co- employees" while in the course of their'employment or performing duties related to the conduct of your business if claims or its arise out of liability assumed,,by an insured under an "insured contract" as provided by'l SECTION I - COVERAGES, COVERAGE A BODILY 'INJURY AND PROPERTY DAMAGE 'LIABILITY, 2. Exclusions, 'e. Employer's Liability. XII. WAIVER OF TRANSFER OF RIGHTS OR RECOVERY AGAINST OTHERS TO US SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. '- 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'. f XIII. AMENDMENT OF OTHER INSURANCE A. SECTION IV - COMMERCIAL GENERAL'LIABILITY CONDITIONS, 4.- Other Insurance, b. -Excess'Insurance, (1), is amended to include the following: This insurance shall not be excess where 0) such other insurance is specifically purchased to apply as excess'of this policy,-or (ii) where you are obligated by contract to provide primary insurance to an additional insured, unless there is other additional'insurance coverage available to that additional insured. B. SECTION IV -'COMMERCIAL GENERAL LIABILITY CONDITIONS, 4.- Other Insurance,b. . Excess'Insurance,'i2), is deleted in its entirety and replaced with the following: When this insurance is excess, we will have no duty under Coverages_A or B to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer.defends, we will undertake to do so, but we will be entitled to the insured's j rights against all those other insurers. XIV. AMENDMENT AGGREGATE LIMITS PER PROJECT A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences"under COVERAGE A`(SECTION 1), offense under COVERAGE 8 (SECTION 1) and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can be'attributed only to ongoing operations at a single designated construction project: 100983 (2109) Page 6 of 7 1. A separate Per Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Per Construction Project General Aggregate Limit is the most we will pay for the sum of (i) all damages_under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", (ii) all damages under COVERAGE B and (iii) all medical expenses under COVERAGE C regardless of the number of:, a. Insureds; b. Claims made or "suits" brought; or c. Persons or,organizations making claims or bringing"suits". 3. Any payments made under COVERAGE A or B for damages or under COVERAGE C for medical expenses shall reduce the Per Construction Project General Aggregate-Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Per Construction Project General Aggregate Limit for any other construction project covered under this policy. 4. The ,limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations,such limits will be subject to the applicable Per Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences under ;COVERAGE A (SECTION I), offenses under COVERAGE B (SECTION 1) and for Olt medical expenses caused by ;accidents under COVERAGEC {SECTION q which 'cannot be attributed only' to ongoing operations at a single construction project: 1. Any,payments made under COVERAGE A or B for damages or under COVERAGE C for medical expenses shall reduce-the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate Limit: C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any, payments for damages,because of `,bodily injury" or "property damage" included in the products-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 then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs,' specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits of Insurance, (SECTION `III) not otherwise modified by this endorsement`shall'continue to apply as stipulated. 100983 (2/09} Page 7 of 7 ;REQUEST FOR MAYOR'S SIGNATURE • Print on Cherry-Colored Paper KENNT WASHIGTON Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH T E LAW fflEPAR Ap, o Director Originator: Matt Knox Phone Ori inator : 53) 856-5551 Date Sent:;5/27/15 Date Re' wired:6/3/1.If Return;Si ned Document to.:Gemini Davis Contract Termination Date:6/30/16 VENDOR NAME: Date Finance Notified': Tetra Tech, Inc. (Only required on contracts 4/23/15 10 000 and over or on any Grant DATE OF COUNCIL PROVAL: Date Risk Manager Notified:N/A (Required on Non-City'Standard Contracts/Agreements) Has this Document been Sped icall Account Number: DooiO Authorized'in the Budget. ! YES ONO Brief!Expla'hation of Document: Tetra Tech Inc. shall monitor and analyze surface water quality conditions and aquatic weeds in Lake Fenwick and Lake Meridian during 2015. AH Contracts Must B "ed Through The Law Department his area to be;completed by the Law Depa nt) Received: t, } E i f Approval of Law Dept.: U/A Law Dept. Comments. KENT Date Forwarded to Mayor: J Shaded Areas To Be Completed By Administration Staff :.Rece�vecl r f n ..Hf 5 "S i _..,.lr ,.. .�,..:.. ,.� r ,.,.... era?'s 1iS .1. Recomrnendatlons and Commeets _ F E � 3 E 'zzh k'z f. S we. 4 r , :e a� Dis osltron.:, , p -C } F f.., Date;Returned ,,0�� I l},a { S 'r'. �iC'Y: '� F f sF.. `�F� ...E 3 ;' 'i3ti r� d .En ,,I / ray,, f t% v'... ...... ....... ��, ._..,. .. .....:, ...,,.r,.,.. .., .._.__ ... ,,.u'-�r n.�.,x/',r..>.�...... -�.�i. Y,� :�. �+„'��.-'', A,s a„..Y PACiviWorms0ocument Processing\Request for Mayor's Signatumdocx -- I - --- - -.1 11 711