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HomeMy WebLinkAboutCAG2019-152 - Original - Tetra Tech, Inc. - Lake Fenwick Hypolimnetic Aerator Retrofit - 03/16/2019 - 'NT Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission tot the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Cler-ii'°� Office at - 56-5725. Vendor Name: Tetra Tech, Inc. Vendor Number (7DE): Contract Number (City Clerk): Category: Contract Agreement Sub-Category (if applicable): None Project Name: Lake Fenwick Aerator Retrofit Mayor's signaturE 511UJ 12/31/20 Contract Execution Date: Termination Date: Matt Knox PW: Engineering Contract Manager: Department: Contract Amount: $687490.00 Budgeted: ✓0 Grant? Part of NEW Budget: Local: State: Federal: Related to a New Position: Basis for Selection of Contractor? Other Approval Authority: 0 Director ❑ Mayor ✓❑ City Council Other Details: Assist with the hypolimnetic aerator retrofit prroiect. Z�IKCNT W-1-T.1 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 Delaware, located and doing business at 1420 Fifth Ave., Suite 650, Seattle, WA 98101, Phone: (206) 838-6258, Contact: Adam Baines (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall assist with the Lake Fenwick Hypolimnetic Aerator Retrofit Project. 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 December 31, 2020. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Sixty Eight Thousand, Four Hundred Ninety Dollars ($68,490.00), 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 B. 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: CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) 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 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 duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) 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 C 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 Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. 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 authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) 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 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. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. ]. 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. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) K. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF KENT: —� (si nature),. (signatw�) Pri4a e: 1-r t "` �{-1l_`)'V� � Print Name: Dana Ralph Its /l � a` �.�r s/'�j /))"- Its Mavor (title) DATE: . DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Adam Baines Timothy J. LaPorte, P.E. Tetra Tech, Inc. City of Kent 1420 Fifth Ave., Suite 650 220 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) APPROVED AS TO FORM: aLawDepZa/rtment Kent ATT T: � 6wk Kent City Cierk Tetra Tech Lk FenwKk Aemtor Retrofit/Knox CONSULTANT SERVICES AGREEMENT- 5 (Over$20,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: "'- Title: EEO COMPLIANCE DOCUMENTS 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these 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. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A Lake Fenwick Hypolimnetic Aerator Retrofit Scope of Work& Fee Estimate Public Works Department City of Kent, WA February 13, 2019 Tetra Tech, Inc. 1420 5th Avenue, Suite 650 Seattle, Washington 98101 The following is a proposed scope of work(Exhibit A) and fee estimate (Exhibit B) to provide City of Kent staff and representatives with information on planning, design, and construction for the retrofit of the hypolimnetic aerator at Lake Fenwick. Background The City of Kent("City") currently maintains a hypolimnetic aerator at Lake Fenwick that is located at the deepest part of the lake. The aerator was designed to meet the oxygen demand of both the hypolimnion and sediments of the lake, while still maintaining thermal stratification throughout the summer months. The design goals were to maintain levels of dissolved oxygen within the hypolimnion by introducing oxygen-enriched air that would provide for fish habitat and lower the number of summer algal blooms by reducing the amount of phosphorus present due to anoxia of the sediments on the lake bottom. Water quality monitoring at the site of the current Lake Fenwick hypolimnetic aerator from 2006 through September 2018 has recorded a consistent deficit in dissolved oxygen within the hypolimnion that is not meeting the lake's oxygen demand. The dissolved oxygen deficient conditions within the lake's hypolimnion were originally identified in the Lake Fenwick Hypolimnetic Aerator Retrofit Conceptual Design Report(Tetra Tech, 2010). The report detailed possible retrofit alternatives for the aerator that would increase the amount of dissolved oxygen within the hypolimnion. The observed dissolved oxygen deficiency has coincided with an increasing amount of total phosphorus within the hypolimnion of Lake Fenwick during the summer months (including observed algal blooms in 2016 -2018) after the conditions detailed in the 2010 Design Report, indicating the lack of dissolved oxygen within the hypolimnion and anoxia of the sediments is contributing to more total phosphorus within the hypolimnion. This is the result of continued sediment oxygen demand and increasing reducing conditions (redox) in the sediment due to increased productivity by phytoplankton. In August of 2018, the City notified Tetra Tech (Tt) that it would like to proceed with Alternative 2 from the 2010 report that includes upgrading the existing AirSep Unit and Compressor. Updating Conceptual Design Water quality monitoring of the water column in Lake Fenwick since 2010 has observed the continuing deficit of dissolved oxygen and measured the increasing total phosphorus levels within the hypolimnion during the summer months (Figure 1) that demonstrates a need to increase the capacity of the existing aerator system beyond only upgrading the AirSep unit and Compressor as described in the 2010 Conceptual Design Report. 160 140 1zo v .......... eE 100 ................... a ........................ ....... 80 E v 60 d 3 `v 40 E E 20 0 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Year Figure 1 —Mean Hypolimnetic Total Phosphorus(TP)Levels,Summer Months 2006-2018 In addition, the sediments are recycling phosphorus at a greater rate and adding to the already surplus reservoir of phosphorus that enables toxic cyanobacteria blooms. To overcome this redox release of phosphorus, the oxygen delivered to the hypolimnion must be greater than previously estimated(because of continued recharging of sediment via lake retention and minimal phosphorus flushing). There is also a need for increased water circulation via the increased delivery of oxygen throughout the hypolimnion. Hence,the hypolimnetic aeration system has to deliver more oxygen to meet the increase in oxygen demand and resulting redox conditions, and also provide greater distribution of the oxygen through the hypolimnion to maximize sediment phosphorus retention without release to the overlying water while developing an aerobic aquatic habitat in the deeper areas of the lake. The additional design work required to properly retrofit the aerator system to increase the delivery of oxygen volume to the hypolimnion, beyond upgrading the AirSep unit and Compressor as described in the 2010 Conceptual Design Report, is reflected in the following scope of work and fee estimate as requested by the City of Kent. The additional necessary design work described above along with increased labor rates account for the differences between the original 2010 Conceptual Design Report estimate and the provided fee estimate. Scope of Work Phase 1. Aerator Retrofit Engineering and Design to 90% Task 1.0—Project Management and Contract Administration Tt will prepare monthly invoices and progress reports as needed, as well as coordination of work efforts with the designated City of Kent point of contact. Deliverables: • Monthly invoices in electronic form. • Progress reports as needed in electronic form. Task 2.0—Engineering for Alternatives Analysis and 10% Design Plans Tt will provide City of Kent("City") staff with various alternatives to the original 2010 Lake Fenwick Alternative 2 aerator retrofit specifications that reflect more recent Lake Fenwick water quality sampling data and experience with other aerator design projects in the area, including the replacement of the existing aeration pipeline to account for the increased volume of oxygen. Tt will assist the City in selecting a design that effectively balances capital costs with operation & maintenance (O&M) costs to meet the City's needs, including an in- depth meeting that will include details on currently available equipment and life- cycle costs. The City will provide a current assessment of the existing infrastructure and Tt will assist the City in determining how much of the existing infrastructure can possibly be incorporated in to any of the retrofit alternatives. For budgeting purposes, three (3) alternatives and two (2) meetings with City staff are assumed. After the City selects a preferred design, Tt will develop 10% design plans for the retrofit of the Lake Fenwick aerator and provide an updated construction cost estimate to the original 2010 cost estimate for the project. Specific objectives and methods of the alternatives analysis and 10% design task are as follows: • Tt will contact equipment suppliers and determine current pricing for upgraded AirSep and compressor units. • Tt will determine proper aeration pipeline sizing based on upgraded AirSep and compressor mechanical units and provide cost-benefit estimates for each recommended configuration of pipeline-size and mechanical units. • Tt will produce 10% design plans for the preferred aerator retrofit option selected by the City. • Tt will prepare a technical memorandum detailing the 10% design and include a construction cost estimate for the selected aerator retrofit Deliverables include the following: • Cost estimates and details for Alternatives Analysis in electronic form. • 10% design plans in electronic form. • Construction cost estimate in electronic form. • Technical Memorandum for 10% design in electronic form. Assumptions: • City will provide official Notice To Proceed on or before March 15,2019. • City will provide dimensions and drawings for all existing infrastructure that will be involved in the project. • City will provide an assessment of all existing infrastructure to help determine what is still viable for possible inclusion in the design alternatives. Task Completion Timeline: • Deliverables for Task 2.0 to be provided to City of Kent within 16 weeks after Tetra Tech receives official Notice to Proceed from the City of Kent. TASK 3.0—6.0 WORK AUTHORIZATION: Tt will not proceed to Task 3.0, Task 4.0, Task 5.0, or Task 6.0 without written (via electronic form or physical letter) authorization for each task provided by City staff to Tt. Task 3.0—60% Design Plans and Permitting Tt will produce a set of 60% design plans after consulting with City staff and addressing any comments from their review of the 10% design plans from Task 2.0. Tt will assist the City in identifying and obtaining any necessary state and/or local permits required for the project based on the 60% design plans. For budgeting purposes, one (1) meeting with City staff is assumed to discuss permitting requirements for the project. Deliverables include the following: • 60% design plans in electronic form. Task Completion Timeline: • Deliverables in Task 3.0 provided to City of Kent within 8 weeks after both of the following have occurred: final deliverables in Task 2.0 are received by City of Kent AND work authorization to proceed on Task 3.0 has been provided to Tt by the City. Assumptions: 0 City will submit all final permits to the appropriate agencies. Task 4.0—90% Design Plans Tt will produce a set of 90% design plans addressing any issues that are identified as part of the permitting process in Task 3.0. Tt will develop a refined construction cost estimate based on 90% design plans. Deliverables include the following: • 90%design plans in electronic form. • Refined construction cost estimate in electronic form. Task Completion Timeline: • Deliverables in Task 4.0 to be provided to City of Kent within 6 weeks after both of the following have occurred: final deliverables in Task 3.0 are received by the City AND work authorization to proceed on Task 4.0 has been provided to Tt by the City. Assumptions: • City will obtain all final permits identified in Task 3.0 and notify Tetra Tech of permit receipts PRIOR to the completion of Task 4.0. Phase 2. 100% Design Plans and Construction Bid Support Task 5.0— 100% Design Plans and Bid Document Preparation Tt will produce a set of 100% design plans and specifications and assist the city in preparing the bid documents for the aerator retrofit project. The bid documents will utilize the City of Kent's standard specifications and formatting. In addition, a technical specifications section will be prepared that defines the mobilization/demobilization/testing, sitework, piping, structural/architectural, mechanical, electrical, instrumentation and control, and site restoration required for the project. Deliverables include the following: • 100% design plans in electronic form. • Technical Specs section for Bid Package in electronic form. Task Completion Timeline: • Deliverables in Task 5.0 to be completed within 8 weeks after both of the following have occurred: final deliverables in Task 4.0 are received by the City AND work authorization to proceed on Task 5.0 has been provided to Tt by the City. Projected Task 5.0 Completion Date: • December 6, 2019 (Assuming official Notice To Proceed has been provided by City of Kent to Tetra Tech on or before March 15, 2019) Task 6.0—Bid Evaluation Assistance Tt will provide support and assistance to the City in reviewing the received bids and selecting a bid as requested by City of Kent staff. 0 3 `� vi ss sv vi s9 yi F vNi vNi N � vet 00 �O � N O m O � M a a oo m ° z z ���Vyy 9 Gy E C O U U AVA I♦♦ � Lo W U C U U Vi 69 <0 69 (cC o g C C ttl r. {A U y aU O U U O A. cz IM m f0 �� �U � .6 .� vi .a •� __ � oN0 N N OO N •7 N ^ O O a = y 41 41 2 W u a 3 L � C O 00 00 00 N C L' y W C 5 v = U � au uJ L = N N .Y. O Y W L O M V M O V1 [- 10 L = _ g � V W V O r 69 FA 69 N3 E{j 69 W t a.n u o O Cn Cn Cn Cn 4s c c '00000 W L C. d L ae O r O O V W O r- _ _u L V F W N y O � O N C � y cti C C G C C.L7 G N �L � � Y C � •V' � F L. 'D C EXHIBIT C 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 and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT C (Continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named,as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than 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. 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 DATE(MM/2019 YY) ACORO os/1 z/2o1 s 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 N BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. a IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or 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 w certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT a NAME: Aon Risk Insurance Services West, Inc. PHONE (866) 283-7122 FAX (800) 363-0105 `y Los Angeles CA office (A/C.No.Ext): A/C.No.: .6 707 Wi 1 shire Boulevard E-MAIL Suite 2600 ADDRESS: 0 Los Angeles CA 90017-0460 USA INSURER(S)AFFORDING COVERAGE NAIC p INSURED INSURER A: Lexington insurance Company 19437 Tetra Tech, Inc. INSURER B: Zurich American Ins CO 16535 17885 von Karman Ave., Suite 500 Irvine CA 92614 USA INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570075324063 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 INSR POLICY FFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MMIDD/YYYY LIMITS B X COMMERCIAL GENERAL LIABILITY GLO EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X❑OCCUR PREMISES Ea occurrence $1'000'000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEML AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $2,000,000 N POLICY X PRO X LOC �JECT PRODUCTS-COMP/OP AGG $2,000,000 n OTHER: 0 B AUTOMOBILE LIABILITY BAP 1857085-00 10/01/2018 10/01/2019 COMBINED SINGLE LIMIT $1 000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) 0 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) d HIREDAUTOS NON-OWNED PROPERTY DAMAGE tD Per accident V ONLY AUTOS ONLY w_ t: d UMBRELLA LIAB OCCUR EACH OCCURRENCE U EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION B WORKERS COMPENSATION AND WC254061600 10/01/2018 10/01/2019 X PER oTH- B E MP LOYERS'LIABILITY YIN WC185708700 10/O1/2018 10/O1/2019 STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N NIA $1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Env Contr Prof 028182375 10/01/2017 10/01/2019 Each Claim $2,000,000 Prof/Poll Liab - Claims M Aggregate $2,000,000 SIR applies per policy terns & condi l.ions DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) RE: Job Description: Lake Fenwick HypolimnetiC Aerator Retrofit. City of Kent, WA is included as Additional Insured in accordance with the policy provisions of the General Liability policy as required by written contract. Stop Gap Coverage for the following states: OH, NO, WA, WY. LJ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE ..{� POLICY PROVISIONS. City Of Kent, WA AUTHORIZED REPRESENTATIVE y Attn: Timothy J. LaPorte, P.E. Fourth Ave. S. Ken Kent WA 98032 USA n �roictance cryex4 '�l/ra�`�►" ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 43 BLANKET NOTIFICATION TO OTHERS OF CANCELLATION OR NONRENEWAL ENDORSEMENT This endorsement adds the following to Part Six of the policy. PART SIX CONDITIONS Blanket Notification to Others of Cancellation or Nonrenewal 1. If we cancel or non-renew this policy by written notice to you, we will mail or deliver notification that such policy has been cancelled or non-renewed to each person or organization shown in a list provided to us by you if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to you. Such list: a. Must be provided to us prior to cancellation or non-renewal; b. Must contain the names and addresses of only the persons or organizations requiring notification that such policy has been cancelled or non-renewed; and c. Must be in an electronic format that is acceptable to us. 2. Our notification as described in Paragraph 1. above will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to you. We will mail or deliver such notification to each person or organization shown in the list: a. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or b. At least 30 days prior to the effective date of: (1) Cancellation, if cancelled for any reason other than nonpayment of premium; or (2) Non-renewal, but not including conditional notice of renewal. 3. Our mailing or delivery of notification described in Paragraphs 1. and 2. above is intended as a courtesy only. Our failure to provide such mailing or delivery will not: a. Extend the policy cancellation or non-renewal date; b. Negate the cancellation or non-renewal; or c. Provide any additional insurance that would not have been provided in the absence of this endorsement. 4. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs 1. and 2. above. All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10-01-2018 Policy No. WC 1857087-00 Endorsement No. Insured Tetra Tech, Inc. Premium $ Insurance Company Zurich American Insurance Company WC 99 06 43 Page 1 of 1 (Ed.01-13) Includes copyright material of the National Council on Compensation Insurance, Inc. used with its permission. ©2012 Copyright National Council on Compensation Insurance, Inc.All Rights Reserved. Additional Insured — Automatic — Owners, Lessees Or ZURICH Contractors Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff.Date of End. Producer No. AddT Prem Return Prem. GLO 1817406-00 10/01/2018 10/01/2019 10/01/2018 7527200 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Tetra Tech, Inc. Address (including ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II —Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U-GL-1175-F CW(04/13) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an 'occurrence"or offense that may result in a claim; 2. We receive written notice of a claim or"suit"as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV—Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence", offense, claim or"suit'. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III —Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U-GL-1175-F CW(04/13) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. POLICY NUMBER: GLO 1817406-00 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION THAT REQUIRES YOU TO WAIVE YOUR RIGHTS OF RECOVERY, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT WITH THE NAMED INSURED THAT IS EXECUTED PRIOR TO THE ACCIDENT OR LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV-Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above 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". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 Wolters Kluwer Financial Services I Uniform FormsT1 POLICY NUMBER: GLO 1817406-00 COMMERCIAL GENERAL LIABILITY CG24171001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY - RAILROADS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Scheduled Railroad: Designated Job ALL CONTRACTS FOR WORK DONE FOR RAILROADS. Site: ANY JOB SITE (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect to operations performed for, or affecting, Paragraph f. does not include that part of any a Scheduled Railroad at a Designated Job Site, the contract or agreement: definition of "insured contract" in the Definitions sec- (1) That indemnifies an architect, engineer or tion is replaced by the following: surveyor for injury or damage arising out 9. "Insured Contract" means: of: a. A contract for a lease of premises. However, (a) Preparing, approving or failing to that portion of the contract for a lease of prepare or approve maps, shop premises that indemnifies any person or or- drawings, opinions, reports, surveys, ganization for damage by fire to premises field orders, change orders or draw- while rented to you or temporarily occupied by ings and specifications; or you with permission of the owner is not an (b) Giving directions or instructions, or insured contract"; failing to give them, if that is the pri- b. A sidetrack agreement; mary cause of the injury or damage; c. Any easement or license agreement; (2) Under which the insured, if an architect, d. An obligation, as required by ordinance, to engineer or surveyor, assumes liability for indemnify a municipality, except in connection an injury or damage arising out of the with work for a municipality; insured's rendering or failure to render professional services, including those e. An elevator maintenance agreement; listed in Paragraph (1) above and super- f. That part of any other contract or agreement visory, inspection, architectural or engi- pertaining to your business (including an in- neering activities. demnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. CG 24 17 10 01 0 ISO Properties, Inc., 2000 Page 1 of 1 Blanket Notification to Others of Cancellation Z U RI C H or Non-Renewal Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. AddT Prem Return Prem. GLO1817406-00 1 10/01/2018 10/01/2019 10/01/2018 75272000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1. Must be provided to us prior to cancellation or non-renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non-renewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non-renewal date; 2. Negate the cancellation or non-renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U-GL-1521-A CW(10/12) Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 0 Blanket Notification to Others of Cancellation ZURICH or Non-Renewal Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I.Prem Return Prem. BAP 1857085-00 10-01-2018 10-01-2019 10-01-2018 75272000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A. If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1. Must be provided to us prior to cancellation or non-renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non-renewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non-renewal date; 2. Negate the cancellation or non-renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U-CA-832-A CW(01/13) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 43 BLANKET NOTIFICATION TO OTHERS OF CANCELLATION OR NONRENEWAL ENDORSEMENT This endorsement adds the following to Part Six of the policy. PART SIX CONDITIONS Blanket Notification to Others of Cancellation or Nonrenewal 1. If we cancel or non-renew this policy by written notice to you, we will mail or deliver notification that such policy has been cancelled or non-renewed to each person or organization shown in a list provided to us by you if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to you. Such list: a. Must be provided to us prior to cancellation or non-renewal; b. Must contain the names and addresses of only the persons or organizations requiring notification that such policy has been cancelled or non-renewed; and c. Must be in an electronic format that is acceptable to us. 2. Our notification as described in Paragraph 1. above will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to you. We will mail or deliver such notification to each person or organization shown in the list: a. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or b. At least 30 days prior to the effective date of: (1) Cancellation, if cancelled for any reason other than nonpayment of premium; or (2) Non-renewal, but not including conditional notice of renewal. 3. Our mailing or delivery of notification described in Paragraphs 1. and 2. above is intended as a courtesy only. Our failure to provide such mailing or delivery will not: a. Extend the policy cancellation or non-renewal date; b. Negate the cancellation or non-renewal; or c. Provide any additional insurance that would not have been provided in the absence of this endorsement. 4. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs 1. and 2. above. All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10-01-2018 Policy No. WC 2540616-00 Endorsement No. Insured Tetra Tech, Inc. Premium $ Insurance Company Zurich American Insurance Company WC 99 06 43 Page 1 of 1 (Ed. 01-13) Includes copyright material of the National Council on Compensation Insurance, Inc.used with its permission. ©2012 Copyright National Council on Compensation Insurance, Inc.All Rights Reserved. ENDORSEMENT This endorsement, effective 12:01 AM 10/01/2017 Forms a part of policy no.: 028182375 Issued to: TETRA TECH, INC., 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 Holder(s)"); 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 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 such Certificate Holders. 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. LX8960(05/13) Page 1 of 1 REQUEST FOR MAYOR'S SIGNATURE KENT Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by DIec r Originator: Matt Knox Phone (Originator): 5551 Date Sent: 314h,9 Date Required: Return Signed Document to: Nancy Yoshitake Contract Termination Date: 12/31/20 VENDOR NAME: Date Finance Notified: Tetra Tech, Inc. (only required on contracts 3/5/ 1 9 20 000 and over or on an Grant DATE OF COUNCIL APPROVAL: 3/5/19 Date Risk Manager Notified:N/A (Required on Non-City Standard Contracts A reements Has this Document been Specifica,9 ll Account Number: DZOO97 Authorized in the Budget? YES NO Brief Explanation of Document: The attached agreement with Tetra Tech is to provide assistance with the Lake Fenwick Hypolimnetic Aerator Retrofit Project. A= crs FuThrough The Law Department (This area to be completed by the Law Department) Received Approval of Law Dept.: Law Dept. Comments: Date Forwarded to Ma • Shaded Areas To Be Completed By Administration Staff Received: RECEIVED Recommendations and Comments: Disposition: 59"0-- 3( i$ 15 City of Kant Date Returned: Office of the Mayor MI orms\ ocument Processing\Request for Mayor's Signature.docx KENT WA$!i1 N GTO N DATE: March 5, 2019 TO: Kent City Council SUBJECT: Consultant Services Agreement with Tetra Tech, Inc, for Design and Upgrade of Aeration System at Lake Fenwick - Authorize MOTION: Authorize the Mayor to sign a consultant services agreement with Tetra Tech Inc, in an amount not to exceed $68,490, for the design and upgraded aeration system at Lake Fenwick, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: In 1995, the City of Kent installed an aeration system to improve oxygen levels in Lake Fenwick and to reduce harmful algae blooms. The original system helped, but has not been able to keep up with the current oxygen demand in the Lake. This has led to recurrent, unsightly algae blooms. In 2010, the City hired Tetra Tech Inc, to determine how best to improve water quality conditions in the Lake. Tetra Tech recommended that the existing aeration system be upgraded to provide more oxygen to the bottom of the lake. The City has recently been awarded grant funds to finance this retrofit. The Consultant Services Agreement between the City and Tetra Tech, Inc, will complete the design of the aerator retrofit. Once the design is complete, staff will seek Council approval to proceed with a construction contract in 2020 to implement the aerator retrofit. BUDGET IMPACT: This consultant design contract will be paid with funds the City has received from the King County Waterworks Grant program and the King County Flood Control District Sub-regional Opportunity Fund. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure ATTACHMENTS: 1. Consultant Services Agreement with Tetra Tech, Inc (PDF) 02/25/19 Public Works Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 3/5/2019 7:00 PM MOVER: Brenda Fincher, Councilmember AYES: Dennis Higgins, Brenda Fincher EXCUSED: Toni Troutner