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HomeMy WebLinkAboutCAG2019-313 - Original - TranTech Engineering, LLC - S 212th St Bridge Deck Resurface - 05/17/2019 KENT Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission, to the City Clerk's Office. All portions are to be complet,­" If you have questions, please contact the City Clerk's Office at 253-856-572.5. Vendor Name: TranTech Englenering, LLC 1819122 Vendor Number (IDE): Contract Number (City Clerk): - 313 Category: Contract Agreement Sub-Category (if applicable): None Project Name: S. 212th St. Bridge Deck Resurface :5-1-7—zj Contract Execution Date: Mayor's signaturE 12/31/19 Termination Date: Contract Manager: Paul Kuehne Department: PW. Engineering fi Contract Amount: $281701 Budgeted: V/ Grant? FV Part of NEW Budget: Local: State: Federal: Related to a New Position: Basis for Selection of Contractor? Other Approval Authority: F] Director ly_/� Mayor El City Council Other Details: Provide construction management services-for the project. 40 • KENT w sII..T CONSULTANT SERVICES AGREEMENT between the City of Kent and I TranTech Engineering, LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and TranTech Engineering, LLC organized under the laws of the State of Washington, located and doing business at 12011 NE 1st St., Suite 305, Bellevue, WA 98005, Phone: i (425) 894-8937, Contact: Kash Nikzad (hereinafter the "Consultant"). i 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 provide Construction Management services for the S. 2121h Street Bridge Deck Resurface Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. i 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, 2019. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty Eight Thousand, Seven Hundred One Dollars ($28,701), 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. 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 1 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 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 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. j 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. J. 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) i l 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: (s1 ture) t (signature) Print Name: V_ tx � z—\' !e , a ira D Print Name: Dana Ralph Its Its Mayor _ (title) DATE: �� DATE: J _ NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Kash Nikzad Timothy 3. LaPorte, P.E. TranTech Engineering, LLC City of Kent 12011 NE is` St., Suite 305 220 Fourth Avenue South Bellevue, WA 98005 Kent, WA 98032 (425) 894-8937 (telephone) (253) 856-5500 (telephone) N/A (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: I li� Kent Law Department ATTE . r i i Kent tity berk i I TranTech-21211rBridge 2/Kueh- { a j CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) i i DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this i Agreement shall comply with the regulations of the City's equal employment opportunity policies. i 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 I response is required on all of the following questions for this Agreement to be valid and binding. i 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; 'i ? The questions are as follows: j 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. f 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. i By signing below, I agree to fulfill the five requirements referenced above. I By: tj / 4 For: Title: c4e Ott V-A'[?4A-_, 2 Date: I EEO COMPLIANCE DOCUMENTS - ?. 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 I 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. I I By: I For: I i Title: Date: EEO COMPLIANCE DOCUMENTS - 3 I 1 EXHIBIT A i I SCOPE OF WORK j City of Kent 212' Street Bridge Deck Overlay Construction Management This scope of work provides construction management services for the 212 Street bridge deck overlay (PROJECT) for the City of Kent (AGENCY) by TranTech Engineering, LLC (CONSULTANT). The AGENCY reserves the right to eliminate any task or parts of tasks during the performance of the contact work. It is assumed that the AGENCY will provide the CONSULTANT three copies of the contract documents. k The duration of site inspection services is assumed to be 4 continuous days over two weekends. In Addition, 24 hours is assumed for observation of traffic control set up, punch list, and documentation of site baseline conditions. The duration of this contract shall be from March 15 through December 30, 2019. The individual tasks to be completed by the CONS UL"l ANT are as follows: TASK 1 Project Management This Task includes administration of the contract between the CONSULTANT and the AGENCY, preparation of progress reports for the PROJECT. The task includes all administrative services needed to coordinate with the sub-CONSULTANT(s) and to monitor the PROJECT for scope, schedule, budget, and quality. The following are the categorized activities associated with this Task: 1. Progress Reports and Invoicing - progress reports will contain a narrative that identifies and describes significant activities performed in the previous period and significant upcoming activities along with the monthly invoice; 2. Construction Team Management - management of scope, schedule, budget, quality; i 3. Bid Review Support - 4. Pre-con —Attend the Pre-con and manage the meeting; and 5. Sub-consultant Management— management of materials testing sub-consultant Mayes Testing. Deliverables: Page � 1 City of Kent 212 Street Avenue Bridge Deck Overlay I I 1. Progress Reports 2. Monthly Invoicing Assumptions: 1. The AGENCY will manage all activities related to the construction contract, advertisement, and execution. 2. The AGENCY will provide a project manager to respond to the CONSUTANT questions and approval for any potential contract changes, material over-runs, and differing site conditions. TASK 2 Site Inspection The CONSULTANT will perform site observation including: I. Initial Site visit and initial Field Survey of existing condition of the deck. The inspector will photograph the site for documentation of the baseline conditions. 2. Review of the contract documents. 3. Presence at the site while the contractor is working. 4. Preparation of IDRs, FNRs. 1 5. Coordination for any necessary Testing. f ' 6. Photo log of critical site activities. 7. Monitor the site for contractor compliance with traffic control plans, environmental, and contract requirements. 8. Assistance with close out. Deliverables: i 'I 1. IDRs and FNRs. I 2. Close out punch list. TASK 3 Office Engineering and Documentation Control This Task includes activities associated with preparation of construction documentation including: Page �2 City of Kent 212 Street Avenue Bridge Deck Overlay 1. Attending the Pre-con and preparation of meeting notes. 2. Preparation of monthly progress reports. 3. Contractor submittal log management, 4. RAM approvals. 5. Contractor traffic control records. b. Test results. 7. Close out. Deliverables #Trr : 1. Preparation of Pre-con meeting record. 2. Electronic contract documentation. 3. Electronic close out documents, 'l f TASK 4 Materials Testing Mayes Testing will conduct materials testing related for the PROJECT including: i 1. Chain dragging the deck for determination of Further Deck Prep limits. I 2. Polyester mix aggregate gradation. 3. Polyester compressive strength using Swiss Hammer. l Deliverables: 1. Map of existing deck with areas of delamination identified. 2. Test results for the aggregate gradation. 3. Polyester compressive test results, GENERAL ASSUMPTIONS 1. Work performed under this scope is limited to the hours and fee listed in the Scope and Budget, Prime and Subconsultant Cost Computations. Any work requested that exceeds what is shown in the Scope and Budget will be considered EXTRA WORK and be added as a Supplement to this Agreement. Page 13 City of Kent 212 Street Avenue Bridge Deck Overlay T j a I I f 2. No change order preparation, contract change entitlement determination, or dispute Ij negotiations is assumed as part of this construction management services. ,i 11 i `st i i s i 4 Page� 4 City of Kent 212 Street Avenue Bridge Deck Overlay 'r J J J LU ! � C I � a j cu 1cr. � w .- m N N N NN w O ! f O tD N N N 1 m m 4mow' _ d IS V M J f C ❑ '2 O N Q N N Oa. _ 0,0 MW G N N > 'JO N en O O to v m :a d n O o N � + Y s w j c j a a. ! M' n C C f( q m �? V ham- O u LL N C05 E d N C C L O f EXHIBIT B INSURANCE REQUIREMENTS FOR I 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 i 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 1 assumed under an insured contract. The Commercial General + Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. 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. i 4. Professional Liability insurance appropriate to the Consultant's profession. I B. Minimum Amounts of Insurance i 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. i 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. i EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than 1,000,000 per claim. 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. i 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 Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. AC o® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 7/23/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 'iRTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES _LOW. 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 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 certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Heather Harris PHO Hall&Company 19660 10th Ave NE ('CNo Ext): 360-598-5026 Nc No):360-598-3703 Poulsbo WA 98370 E-MAIL ADDRESS: hharris@hallandcompany.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:The Travelers IndemnityCompany 25658 INSURED 7547 TranTech Engineering LLC INSURER B:Travelers Casualty and Surety Co of America 31194 12011 NE 1 st Street Suite 305 INSURER C:The Travelers Indemnity Company of America 25666 Bellevue WA 98005 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:586323086 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. INSR AWL SUBR LTR TYPE OF INSURANCE VdVDPOLICY NUMBER MMIDDY MM/DDfYYYY LIMITS C X COMMERCIAL GENERAL LIABILITY 6803J385690 7/22/2018 7/22/2019 EACH OCCURRENCE $1,000,000 -07\mA—GE To—RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $1,000,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY[�] PERCO-- LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: AUTOMOBILE LIABILITY BA5532L225 7/22/2018 7/22/2019 COMBINED SINGLE LIMIT $1,000,000 ANY AUTO Ee accident BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ i $ A X UMBRELLA LIAB X OCCUR CUP6782Y730 7/22/2018 7/22/2019 EACH OCCURRENCE $1,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $1,000,000 EWORKERS X RETENTION$ COMPENSATION $ C6803J385690 7/22/2018 7/22/2019 PER XOTH- OYERS'LIABILITY y IN STATUTE ER WA Stop Gap IETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENTEMBER EXCLUDED? ❑ NIA $1,000.000 In NH) ribe under E.L.DISEASEEA EMPLOYEE $1,000,000 ION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Professional Liabclaims Made 105315328 7/15/2018 7/15/2019 Per Claim A $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The certificate holder is an additional insured per the attached. Project:S 212 Street Bridge Deck Rehabilitation CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division/Human Resources Dept. 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent WA 98032 ©1988-2015 ACORD CORPORATIONS reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD . All right 6803,1385690 TranTech Engineering COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II —WHO IS h. This insurance does not apply to "bodily AN INSURED: Injury" or "property damage" caused by "your Any person or organization that you agree in a work" and included in the "products- "written contract requiring insurance"to include as completed operations hazard" unless the an additional insured on this Coverage Part, but: "written contract requiring insurance" specifically requires you to provide such a. Only with respect to liability for"bodily injury"; coverage for that additional insured, and then "property damage"or"personal injury"; and the insurance provided to the additional b. if, and only to the extent that, the iniury or insured applies only to such "bodily injury" or damage is caused by acts or omissions of "property damage"that occurs before the end you or your subcontractor in the performance of the period of time for which the "written of "your work" to which the "written contract contract requiring insurance" requires you to requiring insurance appiies, or in connection provide such coverage or the end of the with premises owned by or rented to you. policy period, whichever is earlier. The person or organization does not qualify as an 2. The following is added to Paragraph 4.a. of additional insured: SECTION IV — COMMERCIAL GENERAL c. With respect to the independent acts or LIABILITY CONDITIONS: ornissiuris of suui person or uryanizaiiun; ur The insurance provided to the acid itionai insured d, For "bodily injury", "property damage" or is excess over any valid and collectible other "personal injury" for which such person or irsurance, wriether pnrnary, excess, corrmyQiiL of organization has assumed liability in a on any other basis, that is available to the additional insured for a loss we cover. However, if contract or agreement. you specifically agree in the "written contract The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part must apply on a primary basis or a primary and e. This insurance does not apply on any basis to non-contributory basis, this insurance is primary any person or organization for which to other insurance available to the additional coverage as an additional insured specifically insured which covers that person or organizations is added by another endorsement to this as a named insured for such loss, and we will not Coverage Part. share with the other insurance, provided that: f. This insurance does not apply to the (1) The "bodily injury" or "property damage" for rendering of or failure to tender any which coverage is sought occurs; and "professional services". In the event that the Limits of Insurance of the (2) The "personal injury" for which coverage is 9 e sought arises out of an offense committed; Coverage Part shown in the Declarations exceed the limits of liability required by the after you have signed that "written contract "written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III — person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer 4. The following definition is added to the Of Rights Of Recovery Against Others To Us, DEFINITIONS Section: of SECTION IV — COMMERCIAL GENERAL "Written contract requiring insurance" means that LIABILITY CONDITIONS: part of any written contract under which you are We waive any right of recovery we may have required to include a person or organization as an against any person or organization because of additional insured on this Coverage Part, payments we make for "bodily injury", "property provided that the "bodily injury" and "property damage" or "personal injury" arising out of "your damage" occurs and the "personal injury" is work" performed by you, or on your behalf, done ry caused by an offense committed: under a "written contract requiring insurance" with that person or organization. We waive this right a. After you have signed that written contract; only where you have agreed to do so as part of b. While that part of the written contract is in the "written contract requiring insurance" with effect; and such person or organization signed by you before, and in effect when, the "bodily injury" or c. Before the end of the policy period. "property damage"occurs, or the "personal injury" offense is committed. Page 2 of 2 ©2015 The Travelers Indemnity company.All rights reserved. Includes the copyrighted material of Insurance Services Office,Inc.,with its permission CG D3 81 09 15 Policy#: CUP6782Y730 UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF WHO IS AN INSURED This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY(UMBRELLA) INSURANCE Paragraph 2.f. of SECTION II — WHO IS AN IN- derlying insurance", and, the limits of insurance SURED is deleted and replaced by the following: afforded to such person or organization will be: f. Any other person or organization insured under (i) The difference between the "underlying in- any policy of the "underlying insurance" listed in surance" limits and the minimum limits of in- the SCHEDULE OF UNDERLYING INSURANCE surance which you agreed to provide; or of the DECLARATIONS of this insurance. This (li) The limits of insurance of this policy insurance is subject to all the provisions and limi- tations upon coverage under such policv of "un whichever is less. UM 04 45 05 06 ©2006 The St.Paul Travelers Companies,Inc. Page 1 of 1 Policy#: BA5532L225 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added to the Paragraph A.1.c., Who occurs and that is in effect during the policy period, to Is An Insured, of SECTION II — COVERED AUTOS be named as an additional insured is an "insured" for LIABILITY COVERAGE: Covered Autos Liability Coverage, but only for dam- Any person or organization who is required under a ages to which this insurance applies and only to the written contract or agreement between you and that extent that person or organization qualifies as an "in- person or organization, that is signed and executed sured" under the Who Is An Insured provision con- by you before the "bodily injury" or"property damage" tained in SECTION II. CA T4 37 02 15 ©2015 The Travelers Indemnity compa ny.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Policy#: BA5532L225 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any "accident' or 'loss", provided that the CONDITIONS Section: "accident' or 'loss" arises out of the operations S. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us pnca onlyi n w the perSvi i or vrgaiiiZBiivi I U"Wy- We waive any right of recovery we may have nated in such contract. �gaiost R-finn to thp. xt .nt CA T3 40 02 15 ©2015 The Travelers Indemnity Compa ny.All rights reserved• Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Policy#: CUP6782Y730 UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY(UMBRELLA) INSURANCE The following is added to Paragraph 11., OUR RIGHT a. "Bodily injury" or"property damage"caused by an TO RECOVER FROM OTHERS., of SECTION IV — "occurrence"that takes place; or CONDITIONS.: b. "Personal injury" or "advertising injury" caused by If the insured has agreed in a contract or agreement an "offense"that is committed; to waive that insured's right of recovery against any subsequent to the execution of the contract or agree- person or organization, we waive our right of recovery against such person or organization, but only for ment. payments we make because of: UM 04 88 07 08 ©2008 The Travelers Companies,Inc. Page 1 Of 1 Includes the copyrighted material of Insurance Services Office,Inc.with its permission. TRAVELERS J� One Tower square, Hartford Connecticut 06183 CHANGE ENDORSEMENT INSURING COMPANY: THE TRAVELERS INDEMNITY COMPANY Named Insured: TRANTECH ENGINEERING, LLC Policy Number: CUP-6782Y730-17-47 Policy Effective Date: 07/22/2017 Policy Expiration Date: 07/22/2018 Issue Date: 07/19/2018 NIL Premium $ 0.00 Effective from 07/06/2018 at the time of day the policy becomes effective. THIS INSURANCE IS AMENDED AS FOLLOWS: ...,, �i C i.Jl�t.il��'..��,� L1....�.:�o .'1d---1'i-Zy kuM.Orel a% Declarations, the following owi ng ch-arges have been made: The following forms and/or endorsements is/are included with this change. These forms are added to the policy or replace forms already_ existinq_ on the policy: UM 06 39 02 is IL TO 07 09 87 Rates and/or premiums have been changed to reflect a change in the exposure and/or rating procedure NAME AND ADDRESS OF AGENT OR BROKER Countersigned by HALL & COMPANY 19660 LOTH AVE NE Authorized Representative POULSBO WA 98370 DATE: 07/19/2018 IL TO 07 09 87 (Page 1 of 1 ) Office: SPECIALIST A&E POLICY NUMBER: CUP-6782Y730-17-47 EFFECTIVE DATE: 07/22/2017 ISSUE DATE: 07/19/2018 LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS * IL TO 07 09 87 CHANGE ENDORSEMENT CG TO 14 04 96 POLICY DECLARATIONS COMMERCIAL EXCESS LIABILITY UMBRELLA * IL T8 01 01 01 FORMS ENDORSEMENTS AND SCHEDULE NUMBERS UMBRELLA / EXCESS CG DO 23 04 96 SCHEDULE OF UNDERLYING INSURANCE UM 00 01 11 03 COMMERCIAL EXCESS LIABILITY UMBRELLA INSURANCE UM 02 59 02 98 KNOWLEDGE AND NOTICE OF OCCURRENCE OR OFFENSE UNINTENTIONAL OMISSION UM 03 92 11 03 EMPLOYERS LIABILITY - FOLLOWING FORM UM 04 45 05 06 AMENDMENT OF WHO IS AN INSURED UM 04 66 04 08 AMENDMENT OF BODILY INJURY DEFINITION UM 04 78 07 08 AMENDMENT OF PROPERTY DAMAGE DEFINITION UM 04 88 07 08 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS UM 05 11 01 15 AMEND OF COV B - PERSONAL INJURY AND ADVERTISING INJURY LIABILITY UM 06 03 11 10 CRISIS MANAGEMENT SERVICES EXPENSES * UM 06 39 02 14 AMEND OTHER INS - DESIGNATED PERSONS OR ORGANIZATIONS - WRITTEN CONTRACT OF INS UM 06 88 03 15 AMEND-FIN INT IN FOREIGN INS ORG - UM UM 00 94 08 86 AMENDMENT OF COVERAGE - NAMED INSURED UM 01 52 01 16 EXCESS EMPLOYEE BENEFITS LIABILITY COVERAGE UM 03 37 01 99 REASONABLE FORCE - BODILY INJURY OR PROPERTY DAMAGE UM 00 76 01 86 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENTBROAD FORM UM 01 66 08 91 EXCLUSION - LEAD INCLUDING PRODUCTS - COMPLETED OPERATIONS HAZARD UM 01 96 07 96 EXCLUSION - ASBESTOS UM 02 13 11 03 EXCLUSION - LIQUOR LEGAL LIABILITY - EXCEPTION FOR SCHEDULED ACTIVITIES UM 03 76 07 02 EXCLUSION - WAR WA UM 04 15 10 11 EXCLUSION - UNSOLICITED COMMUNICATIONS UM 04 49 09 07 EXCLUSION - ARCHITECTS ENGINEERS OR SURVEYORS PROFESSIONAL LIABILITY UM 04 90 07 08 AUTO LIABILITY EXCLUSION - LIMITED FOLLOWING FORM UM 05 30 03 09 EXCLUSION - DISCRIMINATION UM 06 09 10 11 EXCLUSION - VIOLATION OF CONSUMER FINANCIAL PROTECTION LAWS UM 06 46 08 13 WA CHGS-EXCL-LIQ-EX SCHED PREM OR ACTIV UM 06 50 01 15 EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION * TEXT IN THIS FORM HAS CHANGED, OR THE FORM WAS NOT ON POLICY BEFORE. IL T8 01 01 01 PAGE; 1 OF 2 POLICY NUMBER: CUP-6782Y730-17-47 EFFECTIVE DATE: 07/22/2017 ISSUE DATE: 07/19/2018 UMBRELLA / EXCESS (CONTINUED) UM 00 98 12 13 WASHINGTON MANDATORY ENDORSEMENT UM 03 98 11 11 AMENDMENT OF COVERAGE - PROPERTY DAMAGE INTERLINE ENDORSEMENTS IL T3 68 01 15 FEDERAL TERRORISM RISK INSURANCE ACT DISCLOSURE IL T4 14 01 15 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM POLICY HOLDER NOTTrRg PN U2 44 01 16 NOTICE OF CHANGE IN POLICY TERMS-A & E * TEXT IN THIS FORM HAS CHANGED, OR THE FORM WAS NOT ON POLICY BEFORE. IL T8 01 01 01 PAGE: 2 OF 2 UMBRELLA POLICY NUMBER: CUP-6782Y730-17-47 ISSUE DATE: 07/19/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - OTHER INSURANCE - DESIGNATED PERSONS OR ORGANIZATIONS FOR WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT TO PROVIDE INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE SCHEDULE OF DESIGNATED PERSONS OR ORGANIZATIONS Person or Organization: CITY OF KENT RISK MANAGEMENT DIVISION/HUMAN RESOURCES DEPT 220 FOURTH AVENUE SOUTH KENT, WA 98032 Project or Location: S. 212TH ST. BRIDGE DECK RESURFACE PROVISIONS or location shown in that schedule, if the written con- The following is added to Paragraph 10., OTHER IN- tract in which you have agreed to provide insurance SURANCE., of SECTION IV—CONDITIONS.: for that person or organization specifically requires However, for any person or organization shown in the that this insurance apply on a primary basis or a pri- Schedule Of Designated Persons Or Organizations mary and non-contributory basis, this insurance will that qualifies as an insured under Paragraph 2J. of apply as if other insurance available to that person or SECTION II — WHO IS AN INSURED for the project organization under which that person or organization qualifies as a named insured does not exist, and we UM 06 39 02 14 ©2013 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 UMBRELLA will not share with that other insurance. But this insur- which covers that person or organization as an addi- ance still is excess over any valid and collectible other tional insured or as any other insured that does not insurance, whether such insurance is stated to be qualify as a named insured. primary, contributing, excess, contingent or otherwise, Page 2 of 2 ©2013 The Travelers Indemnity company.All rights reserved. UM 06 39 02 14 INTERLINE ENDORSEMENTS INTERLINE i ENDQKSFMFNT4z REQUEST FOR MAYOR'S SIGNATURE KENT Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by i e o Originator: Paul Kuehne Phone (Originator): 5543 Date Sent: ,� 5'�31�9 Date Required: Return Signed Document to: Nancy Yoshitake Contract Termination Date: 12/31/19 VENDOR NAME: Date Finance Notified: TranTech Engineering, LLC (only required on contracts 4/3 0/ 1 9 _ 20 000 and over or on any Grant DATE OF COUNCIL APPROVAL: N/A Date Risk Manager Notified: N/A (Required on Non-City Standard Contracts A reements Has this Document been Specifica6NO Account Number: R20075 Authorized in the Bud et? • YES Brief Explanation of Document: The attached agreement with TranTech Engineering is to provide construction management services for the S. 212th St. Bridge Deck Resurface Project. RECEIVED KENT LAIN DEPT.- All Contracts Must Be Routed Through The Law Department Received: (This area to be completed by the Law Department) Approval of Law Dept.: Law De t. Comments: Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: Disposition: G(3"ke" S l 11 ! ! Date Returned: --d\Forms Document rocessing\ equest for Payors 9 1gnature.docx