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HomeMy WebLinkAboutResolution - 2013-R0036 - Amendment To Agreement - Carollo Engineers Inc.- Plant Digesters - 01/31/2013Resolution No. 2013—R0036 January 31, 2013 Item No. 5.11 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Amendment No. 3 to that certain Agreement dated February 25, 2010 for Southeast Water Reclamation Plant Digester 8 & 9 Improvements Project, by and between the City of Lubbock and Carollo Engineers, Inc., and related documents. Said Amendment is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on January 31, 2013 G EN C. ROBERTSON, MAYOR :ATTEST: ID, 0" e—e. Rebec a Garza, City Secretary APPROVED AS TO CONTENT: Marsha Reed, P.E., Chief Operating Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs RES.Amend #3 Agrmt-Carollo Engineers, Inc. January 15, 2013 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 01/18/2013 at 12:01 A.M. standard time, forms a part of (DATE) Policy N0. WDF8957499 of the Massachusetts Bay Insurance Company (NAME OF INSURANCE COMPANY) issued t0 Carollo Engineers Premium (if any) $ Endorsement No. Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Any person or organization with whom the Named Insured has agreed to furnish this waiver. Job Description Operations as per contract on file with Insured. WC 252 (4-84) WC 04 03 06 (Ed. 4-84) Page 1 of 1 CERTIFICATE OF LIABILITY INSURANCE 1 DATE12/21/21/22IY012 2 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 ' XTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONST' 4 CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE FIr IMPORTANT: If the certificate holder Is an ADDITIONAL lies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain poll-' Tent. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(' PRODUCER 0564249 Brandie Kirby-Leier Heffernan Insurance Brokers/ FAX Heffernan Professional Prac� ( 650.842.5200 (A/ C.No):650.842.5201 Y 1460B O'Brien Drive Menlo Park, CA 9402 INSURED Carollo Engineers 2700 Ygnacio Valley RoaL Walnut Creek, CA 94598 COVERAGES randiekBheffins.com I INSURI I AFFORDING COVERAGE (,j\ ver Insurance Company N b anal Union Fire Insurance Company rnMa Bay Insurance Company %k_ .JRERD: Continental Casualty Company �• 30822553 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POL .c: LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING AN -,ar, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR Mk AIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUC . OLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRI ADDL SUBR r POLICY EFF - POLICY EXP LTR TYPE OF INSURANCE INSR WVQ POLICY NUMBER MMIOD MMIDD LIMITS A GENERAL LIABILITY X X ZHF8944892 12/31/1 12/31/13 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 1,000,000 PREMISES Ea occurrence $ MED EXP (Any one person) $ 25,000 CLAIMS -MADE , X I OCCUR PERSONAL BADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 G_EN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X PRO- 1 LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident HIRED AUTOS NON -OWNED AUTOS $ B X UMBRELLA LIAB X OCCUR X X BE014722548 12/31/1 12/31/13 EACH OCCURRENCE $ 11000,000 AGGREGATE $ 1,000,000 EXCESS LIAB CLAIMS -MADE_ $ DED X RETENTION $ 10, 000 O WORKERS COMPENSATION EMPLOYERS' LIABILITYY YIN ANY PROPRIETORIPARTNERIEXECUTIVE N /A OFFICER/MEMBER EXCLUDED7 N WDF8957499 12/31/1' 12/31/13 X WCSTATU- OTH- LM I ER R S1 E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) Ifins describe under DESCRIPTIONOFOPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 D 'Professional Liability AEH288354410 07/04/1 07/04/13 Aggregate 1,000,000 (Unlimited Retroactive Da a Per Claim 1,000,000 Deductible 400,000 DESCRIPTION OF OPERATIONS I LOCATIONS; VEHICLES (Attach ACORD 101,. Additional Remarks Schedule, if more space Is required) All operations of the named insured. Professional Liability is written in aggregate limits of liability not leas than the amount shown. Re: Southeast Water Reclamation Plant Digester 8 and 9 Improvements Project, Carollo Project #: 8151A.10. City of Lubbock is included with respects to General Liability. Waiver of subrogation is included with respects to General Liability. General Liability policy is Primary 6r Non -Contributory. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Lubbock THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 2000 AUTHORIZED REPRESENTATIVE Lubbock, TX 79457 USA ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD brandiek 30822553 Architects and Engineers The following policy language is from Commercial General Liability Coverage Forms The following are mandatory forms on the policy identified on the Certificate of Insurance: 421-0778 (09 09) CALIFORNIA COMMERCIAL GENERAL LIABILITY SPECIAL BROADENING ENDORSEMENT • Additional Insured by Contract, Agreement or Permit Under Section II - Who Is An insured, Paragraph 4. is added as follows: 4. a. Any person or organization with whom you agreed, because of a written contract, written agreement or permit to provide insurance, is an insured, but only with respect to: (1) "Your work" for the additional insured(s) at the location designated in the contract, agreement or permit; or (2) Premises you own, rent, lease or occupy. This insurance applies on a primary basis if that is required by the written contract, written agreement or permit. b. This provision does not apply: (1) Unless the written contract or written agreement has been executed or permit has been issued prior to the "bodily injury", 'property damage", "personal injury" or "advertising injury". (2) To any person or organization included as an insured by an endorsement issued by us and made part of this Coverage Part. (3) To any person or organization included as an insured under item 2 of this endorsement. (4) To any lessor of equipment: (a) After the equipment lease expires; or (b) If the 'bodily injury", 'property damage", 'personal injury" or "advertising injury" arises out of sole negligence of the lessor. (5) To any: (a) Owners or other interests from whom land has been leased which takes place after the lease for the land ex- pires; or (b) Managers or lessors of premises if: (i) The occurrence takes place after you cease to be a tenant in that premises; or (ii) The "bodily injury", 'property damage", 'personal injury" or "advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. • Aggregate Limit Per Location (1) Under Section III - Limits of Insurance the General Aggregate Limit applies separately to each of your 'locations" owned by or rented to you. (2) Under Section V - Definitions, definition 23. is added as follows: 23. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. CG 2503 (05 09) DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT • Aggregate Limit of Insurance (Per Project) COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: Your projects away from premises owned by or rented to you A. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or 'property damage" included in the "products -completed operations hazard", and for medical expenses under Coverage C regardless of the number of: Includes copyrighted material of Insurance Services Offices, Inc., with its permission 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 for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You 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 Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A 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 Designated 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 Designated Construction Project General Aggregate Limit. D. If the applicable designated 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 Section III — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. 421-0452 (06 07) OTHER INSURANCE — PRIMARY AND NON-CONTRIBUTORY (ADDITIONAL INSURED) • Additional Insured by Contract, Agreement or Permit Amended — Primary & Non -Contributory The following is added to Section IV — Commercial General Liability Conditions 4. Other Insurance a. Additional Insureds If you agree in a written contract, written agreement or permit that the insurance provided to any person or organization included as an Additional Insured under Section II —Who is An Insured, is primary and non-contributory, the following applies: If other valid and collectible insurance is available to the Additional Insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: 1. Primary Insurance This insurance is primary to other insurance that is available to the Additional Insured which covers the Additional Insured as a Named Insured. We will not seek contribution from any other insurance available to the Additional Insured except: i. For the sole negligence of the Additional Insured; ii. when the Additional Insured is an Additional Insured under another primary liability policy; or !if. when 2. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in 3. below. 2. Excesslnsurance This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work'; (b) That is Fire insurance for premises rented to the Additional Insured or temporarily occupied by the Additional Insured with permission of the owner; (c) That is insurance purchased by the Additional Insured to cover the Additional Insured's liability as a tenant for "property damage" to premises rented to the Additional Insured or temporarily occupied by the Additional with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability. Includes copyrighted material of Insurance Services Offices, Inc., with its permission When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: 1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and 2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. 3. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. CG0001 (12 07) COMMERCIAL GENERAL LIABILITY COVERAGE FORM • Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. CG 2404 (05 09) WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US • Waiver of Subrogation COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Persons or organizations with whom you have a written contract, executed prior to the "bodily injury" or "property damage," that requires you to waive your rights of recovery 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. Named Insured: carollo Engineers Policy No.: ZHF8944892 Additional Insured: Any person or organization with whom you have agreed in written contract, executed prior to lose, to name as additional insured. This Notice does not form a part of the Insurance contract. No coverage is provided by this Notice, nor can it be construed to replace any provisions of the policy (including its endorsements). If there Is any conflict between this Notice and the policy (including its endorsements), the provisions of the policy (Including Its endorsements) shall prevail. Includes copyrighted material of Insurance Services Offices, Inc., with its permission CERTIFICATE OF LIABILITY INSURANCE 1/2/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh Program & Franchise a service of Seabury & Smith, Inc. PO BOX 14404 Des Moines, IA 50306-9686 CONTACT NAME: PHONE NC No: 1-877-320-9393 EMAIL FAX ADDRESS: riskinanagemeitt(ainarshpm.com No 515-365-0895 PRODUCER vendor ID: 31459 CUSTOMER I0: INSURER 9 AFFORDING COVERAGE NAIC 0 INSURED Carollo Engineers 2700 Ygnacio Valley Rd., #300 Walnut Creek, CA 94598 INSURER A: Protcutive Insurance Company 124116 INSURER B: INSURER C: INSURER D: INSURER E. INSURER F: CUVERAGES CERfIFIGATE NUMBER: 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. INS LETR TYPE OF INSURANCE ADDL INSR SUBR WVO POLICY NUMBER POLICY EFF MMIODIYYY POLICY EXP MMIODIYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ ❑ COMMERICAL GENERAL LIABILITY �❑ CLAIMS -MADE ❑ OCCUR DAMAGE TO R(E.="..)$ PREMISES _ MED EXP (Any ons person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: ❑ POLICY ❑ PROJECT ❑ LOC PRODUCTS - COMPIOP AGG $ $ A AUTOMOBILE LIABILITY ® ANY AUTO ❑ ALL OWNED AUTOS ❑ SCHEDULED AUTOS X X LE001009437056 10/17/2012 10/17/2013 COMBINEO SINGLE LIMIT Each Occurren$ 1,000,000 ce _ BODILY INJURY a Per Person) BOILY INJURY $ PerDaaidenl PROPERTY .DAMAGE $ Paracd ❑ HIRED AUTOS ❑ NON -OWNED AUTOS S UMBRELLA LIAB OCCUR EACH OCCURRENCE S ❑ EXCESS LIAR ❑ CLAIMS -MADE AGGREGATE- S ❑ DEDUCTIBLE S ❑ RETENTION $ WORKERS COMPENSATION YIN ANO EMPLOYERS' LIABILITY WC STATU• TORY LIMITS ❑ OTH- ER ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE- EA $ It yea, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY $ IT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Policy provides protection for any & all operations4obs performed by the named Insured where required by written contract. Certificate holder is an Additional Insured where required by written contract. Waiver of Subrogation included where required by written contract. Insurance is primary and non-contributory. RE: Southeast Water Reclamation Plant Digester 8 and 9 Improvements Project. Carolio Project #: 8151A.10. GPBR: 2260 My of Lubbock .-1.0. Box 2000 Lubbock, TX 79457 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. T10 ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD POLICY NUMBER, LE001009437056 COMMERCIAL AU'T'O PIC ENT 1015 0909 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modi lies insurance provided under the following BUSINESS AUTO COVERAGE FORM I SECTION ❑.A.1 -WHO 1S AN INSURED is amended to include any person(s) or organizations) for whom you have agreed in a written contract to provide insurance but only for damages: a. Which are covered by this insurance, and h. Which you have agreed to provide in such contract. 2 The limits ofinsurance afforded to such person(s) or organization(s) will be: a. The minimum limits of insurance which you agreed to provide, or b. The limits of insurance of this policy whichever is less. POLICY NUMBER. LE001009437056 COMMERCIAL AUTO PIC ENT t003 0909 THIS ENDORSEMENT CHANGES THE Pot.ICY. PLEASE READ IT CAREFULLY. WAIVER OF '1.'RANSFFR OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Loss Condition 5 Transfer of Rights of Recovery Agaitist Others To Us (Section IV) is emended by adding the following: We waive any right of recovery we may have against any person or organization when you have agreed in a contract to such waiver prior to loss. This waiver shall apply only with respect to losses occurring due to operations undertaken in accordance with the contract existing between you and such person or organization.