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HomeMy WebLinkAboutCAG2023-168 - Original - TranTech Engineering, LLC - Green River Meeker Street Bridge Deck Repair & Repainting - 03/16/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: 40 •kkv For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) WASHINGTON Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Nancy Y. for Steve Lincoln Public Works Date Sent: Date Required: c 03/09/2023 03/16/2023 QMayor's Signature Required �✓ Approved by Law Date of Council Approval: Q Upload Interlocal Agreements to Website 01/17/2023 Budclet Account Number: Grant? Yes NoF—] R20153 Budget?❑✓ Yes EM Type: N/A Vendor Name: Category: TranTech Engineering, LLC Contract Vendor Number: Sub-Category: Original 0 Project Name: Green River Meeker Street Bridge Deck Repair and Repainting N. Project Details: Prepared plans, specifications, and estimate, and perform environmental permitting for the project. c Basis for Selection of Contractor: Agreement Amount: $336,855 Other E *Memo to Mayor must be attached � Start Date: Mayor's signatl Termination Date: 12/31/2024 lm —mop a Local Business? Yes F]No*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace. Business License Verification: ❑YesF]In-Process F1 Exempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: Yes❑No CAG2023-168 Comment �A k M N Due to federal funds associated with this project, a Local Agency agreement has been i prepared. The agreement amount is lower than the amount reflected on the Council summary page. Please sign page 17 and 53 of the document. The Consultant has ordered the insurance Cdocuments for this project and will forward them to me once received. Per section XII, the p1 �; consultant has 14 days to provide the insurance documents from execution of the agreement. 'vf � 3 0 N a Date Received:City Attorney: 3/9/23 Date Routed:Mayor's Office 3/16/23 City Clerk's Office 3/17/23 adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 8.J 40 KENT DATE: January 17, 2023 TO: Kent City Council SUBJECT: Meeker Street Bridge Consultant Agreement with TranTech Engineering, LLC - Authorize MOTION: I move to authorize the Mayor to sign the Consultant Services Agreement with TranTech Engineering, LLC, in an amount not to exceed $352,519, for the Green River Bridge Repaint and Deck Resurfacing Project, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: The Meeker Street Bridge, originally constructed in 1958, requires repainting, deck resurfacing, and related repairs. The City has been authorized to receive up to $4,484,300 via two Federal grants to plan and execute this work. Following a request for qualifications and an interview process conducted in October and November of 2022, TranTech Engineering was selected to provide consultant services to the City for analysis and design of the projects. TranTech will develop design plans, specifications, and cost estimates for the bridge repainting and deck resurfacing work. These services will include structural and loading analyses, design of paint containment and work platforms for the bridge, lead paint analysis and remediation design, design of structural steel spot repairs, and deck pavement design. Once the plans are finalized and the project is advertised for bids, TranTech will also provide bid support services. BUDGET IMPACT: This project will be funded by federal grants administered by WSDOT and managed by City staff. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. ATTACHMENTS: 1. Agreement (PDF) 01/09/23 Public Works Committee MOTION PASSES Packet Pg. 198 8.J RESULT: MOTION PASSES [UNANIMOUS]Next: 1/17/2023 7:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer Packet Pg. 199 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Agreement Number: Firm/Organization Legal Name (do not use dba's): TranTech Engineering, LLC Address Federal Aid Number 365 118th Avenue SE, Suite 100, Bellevue, WA 98005-3557 BHM-1068(004) & BHM-1068(005) UBI Number Federal TIN 602507862 68-0607809 Execution Date Completion Date 12/31/2025 1099 Form Required Federal Participation ❑ Yes ❑■ No ■❑ Yes ❑ No Project Title Green River Meeker Street Bridge Deck Repair and Repainting Description of Work The Consultant shall prepare Plans, Specifications, and Estimate (PS&E) and perform Environmental Permitting Services for the project. For a description see the Consultant's Scope of Services which is attached as Exhibit A and incorporated by this reference. ❑ Yes ❑■ No DBE Participation Maximum Amount Payable:336,855.00 ❑ Yes ❑■ No MBE Participation ❑ Yes ❑■ No WBE Participation ❑ Yes ❑■ No SBE Participation Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub-consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit H Liability Insurance Increase Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures LA10339&LA10341 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page I of 14 THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this AGREEMENT, between the City of Kent hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this AGREEMENT, hereinafter called the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1) of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT,any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Local Agency A&E Professional Services Agreement Number 'A"oss9 a Lanosa1 Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 2 of 14 Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit `B" attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is, a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. In the absence of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE Participation. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C —Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring, as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by(i) certified mail, return receipt requested, or(ii)by email or facsimile, to the address set forth below: If to AGENCY: If to CONSULTANT: Name: Stephen Lincoln, P.E. Name: Khashayar Nikzad Agency: City of Kent Agency: TranTech Engineering, LLC Address:220 4th Avenue S. Address:365 118th Avenue SE, Suite 100 City: Kent State:WA Zip:98032 City: Bellevue State:WA Zip:98005-3557 Email: SLincoln@kentwa.gov Email: knikzad@trantecheng.com Phone: (253) 856-5552 Phone: (425) 894-8937 Facsimile: (253) 856-6500 Facsimile:(425)453-6779 IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this AGREEMENT titled"Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. LA10339&LA10341 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 3 of 14 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). A. Hourly Rates: Hourly rates are comprised of the following elements - Direct(Raw) Labor, Indirect Cost Rate, and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits "D" and "E" attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT's direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT's fiscal year end(FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits "D" and "E" shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT's FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits "D" and "E"will remain in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT's books and records to determine the CONSULTANT's actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will applicable for the twelve (12)month period. The fee as identified in Exhibits "D" and"E" shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY's option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgment. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill each employee's actual classification, and actual salary plus indirect cost rate plus fee. LA10339&LA10341 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 4 of 14 A. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOT's Accounting Manual M 13-82, Chapter 10—Travel Rules and Procedures, and all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non-salary Costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (I.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, "Extra Work."No minimum amount payable is guaranteed under this AGREEMENT. C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. Detailed statements shall support the monthly billings for hours expended at the rates established in Exhibit "D," including names and classifications of all employees, and billings for all direct non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT's employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview. D. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the SERVICES under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other related documents, which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. Per WSDOT's "Audit Guide for Consultants," Chapter 23 "Resolution Procedures," the CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin the appeal process to the AGENCY for audit findings E.Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT's Internal Audit Office and /or at the request of the AGENCY's Project Manager. LA10339&LA10341 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 5 of 14 VI. Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non-salary costs and fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be memorialized in a final written acknowledgment between the parties All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this agreement. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage,brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. Agreement Number: LA10339&LA10341 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 6 of 14 VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987 (Public Law (42 U.S.C. Chapter 21 Subchapter V § 100-259) 2000d through 2000d-4a) • American with Disabilities Act of 1990 (42 • Federal-aid Highway Act of 1973 (23 U.S.C. Chapter 126 § 12101 et. seq.) U.S.C. Chapter 3 § 324) • 23 CFR Part 200 • Rehabilitation Act of 1973 • 49 CFR Part 21 (29 U.S.C. Chapter 16 Subchapter V § • 49 CFR Part 26 794) • RCW 49.60.180 • Age Discrimination Act of 1975 (42 U.S.C. Chapter 76 § 6101 et. seq.) In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten(10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason, that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. Local Agency A&E Professional Services Agreement Number u'""a LA10341 Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 7 of 14 The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT,or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII"Extra Work." XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. XII. Legal Relations The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT LA10339&LA10341 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 8 of 14 to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tie , or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and/or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY's, their agents', officers and employees' failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub- consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. The Parties have mutually negotiated this waiver. Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. LA10339&LA10341 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 9 of 14 Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00)per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any"Auto" (Symbol 1)used in an amount not less than a one million dollar($1,000,000.00) combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub- consultant and/or subcontractor as an additional insured (the "Als"), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non- contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to: Name: Stephen Lincoln, P.E. Agency: City of Kent Address: 220 4th Avenue S. City: Kent State:WA Zip: 98032 Email: SLincoln@kentwa.gov Phone: (253) 856-5552 Facsimile:(253) 856-6500 No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. LA10339&LA10341 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 10 of 14 XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any"request for equitable adjustment," hereafter referred to as "CLAIM," under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the Agency Attached hereto as Exhibit "G-I(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in AGREEMENTS over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in AGREEMENTS over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General Requirements" prior to its performance of any SERVICES under this AGREEMENT. XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. LA10339&LA10341 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 11 of 14 XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state, or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub- consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State's Confidential Information was received; who received, maintained, and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information, which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. LA10339&LA10341 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 12 of 14 The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT, or (b) as soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub- consultants' information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain, and maintain all "documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim, or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim, or audit continues past the six (6) year retention period. For purposes of this AGREEMENT, "documents" means every writing or record of every type and description, including electronically stored information ("ESI"), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENTS, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. LA10339&LA10341 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 13 of 14 For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops, or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home. "Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and/or modified The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date"box on page one (1) of this AGREEMENT. j 3/9/2 3 Signature TranTech Engineering,LLC Date 03/16/2023 Signature City of Kent Date Dana Ralph,Mayor Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. LA10339&LA10341 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 14 of 14 Exhibit A Scope of Work Project No. BHM-1068(004)&BHM-1068(005) LA10339&LA10341 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 City of Kent - Green River Bridge Repainting and Structural Deck Overlay EXHIBIT A CITY OF KENT Green River Bridge Repainting and Structural Deck Overlay SCOPE OF WORK Project Background: The existing Green River Bridge is a steel truss, two-lane, 245-foot bridge constructed in 1958. The facility is critical transportation infrastructure for the City of Kent, connecting SR 167 to Kent Des Moines Road and ultimately to 1-5. The bridge deck has deteriorated and shows potholes and delamination at multiple locations. The bridge was last painted over 30 years ago, and it is showing paint failure throughout the structure and, in some places, pack rust and minor section loss. The bridge has a high vehicular volume, it averaging 25,000 vehicles per day per the most recent inspection report. With projected growth in the area, that number is expected to swell to 35,000 by 2038. The City of Kent has applied for federal funding and has been successful in securing grants to repair and repaint the Green River Bridge to support its intended life expectancy. Project Objectives: City of Kent (AGENCY) has tasked the TranTech Engineering, LLC team (CONSULTANT) to prepare Plans, Specifications, and Estimate (PS&E) and perform Environmental Permitting Services for the Green River Bridge Repainting and Structural Deck Overlay (PROJECT). In addition, the AGENCY reserves the right to retain the services of the CONSULTANT and its team for the PROJECT's construction phase engineering services inclusive of construction inspection and management, if desired. All work performed by the CONSULTANT's team shall be per the WSDOT and AASHTO guidelines for federally funded projects. The following work elements present a summary of the services associated with the PROJECT: Scope Summary: 1. Project Management 2. Environmental Permitting 3. Traffic Engineering 4. Civil/ Roadway/ Drainage Design 5. Load Rating Analysis and Reports 6. Structural Design 7. Assistance During Bid Period Page 1 of 17 City of Kent - Green River Bridge Repainting and Structural Deck Overlay General Assumptions: The following items are assumed to be provided to the CONSULTANT by the AGENCY or prepared by AGENCY staff: 1. All available existing as-built plans, right-of-way plans, horizontal and vertical monument information, GIS maps, and other mapping information as available. 2. The AGENCY shall secure all necessary right-of-entry from adjacent property owners where requested by the CONSULTANT. 3. All relevant recent project area survey/topographic data collected by the AGENCY or provided to the AGENCY by third parties will be provided in AutoCAD 2020 format with supporting survey field notes as available. Project Standards: Reports and plans,to the extent feasible, shall be developed in accordance with the latest edition and amendments of the following guidelines and documents: • AASHTO LRFD Bridge Design Specifications— Ninth Edition • AASHTO 2018, "A Policy of Geometric Design of Highways and Streets", 71h Edition • Washington State Department of Transportation, "Bridge Design Manual" • Washington State Department of Transportation, "Design Manual" • Washington State Department of Transportation, "Highway Runoff Manual" • Washington State Department of Transportation, "Materials Laboratory Outline" • Washington State Department of Transportation, "Construction Manual" • Washington State Department of Transportation, "Local Agency Guidelines" • Washington State Department of Transportation, "Standard Specifications for Road and Bridge Construction" • Highway Research Board's Manual entitled "Highway Capacity" • United State Department of Transportation and Federal Highway Administration (FHWA) "Manual on Uniform Traffic Control Devices for Streets and Highways" • Agency, "Public Works Development Guidelines and Improvements Standards" • Agency "CAD Standards" Project Team: The project team is composed of the following: A. Owner: City of Kent (AGENCY) B. Owner Point-of-Contact (POC): Stephen Lincoln, PE C. Prime Consultant—TranTech Engineering, LLC (CONSULTANT) (POC: Kash Nikzad) D. Subconsultant— Landau Associates, Inc. (LAI) (POC: Steve Quarterman) Page 2 of 17 City of Kent - Green River Bridge Repainting and Structural Deck Overlay WORK ELEMENT 1 PROJECT MANAGEMENT This work element includes administration of the contract between the CONSULTANT and the AGENCY. The Task includes administrative services needed to coordinate with the sub- consultant/s and to complete the PROJECT on time and within budget. The following are the activities associated with this work element: 1.1 Monthly Progress Reports and Invoicing Progress reports will contain a narrative that identifies and describes significant activities performed in the previous month and the significant planned activities for the upcoming month. 1.2 Project Kick-off Meeting and Progress Meetings After receiving notice to proceed from the AGENCY, the CONSULTANT will conduct a project team kick-off meeting with staff expected to be involved in the project and key AGENCY staff. The meeting will be used to discuss key elements of the Scope of Work, the project schedule, document control, and QA/QC procedures; and to clearly define the roles and responsibilities of the project team members. This work element provides for the preparation, attendance, follow-up, and documentation of meetings during the length of the project. These meetings will be the forums to provide input and guidance for the direction of the project. They will also be used to discuss project issues, approve submittals, and develop potential solutions. The CONSULTANT shall attend up to twelve (12) meetings with AGENCY staff. 1.3 Design Team Management Tasks associated with management of the design team: • General team coordination • Preparing sub-consultant agreements • Preparing, monitoring, and updating PROJECT schedule • Monitoring the PROJECT budget and task progress • Preparing and maintaining a project Risk Matrix • Maintaining regular informal contact telephone discussions and electronic mail • Obtain, with assistance from the AGENCY, rights of entry necessary for geotechnical studies, etc. Deliverables: • Progress Reports • Monthly Invoicing • Project Schedule w/updates • Risk Matrix Page 3 of 17 City of Kent - Green River Bridge Repainting and Structural Deck Overlay WORK ELEMENT 2 ENVIRONMENTAL PERMITTING AND WETLAND DELINEATION This Work Element will be performed by Landau Associates, Inc. (LAI) to provide wetland / waterway delineation and environmental permitting support for the PROJECT. 2.1 Wetland/Waterway Delineation LAI will conduct wetland delineations in accordance with the US Army Corps of Engineers (USACE) 1987 Wetlands Delineation Manual and the 2010 USACE Regional Supplement to the Wetland Delineation Manual. The ordinary high-water mark (OHWM) of waterways will be delineated using guidance provided in Washington State Department of Ecology's (Ecology's) Determining the Ordinary High-Water Mark on Streams in Washington State. LAI will compile and review environmental information from readily available public domain resources to gain a general understanding of potential wetlands at the site. Public domain resources include, but are not limited to: • Natural Resources Conservation Service Soil Survey data • National Wetlands Inventory mapping • Local Critical Areas mapping • US Geological Survey topographic mapping • Recent aerial photography. The field investigation will include an examination of vegetation, soils, and hydrology within the project area. Flagging will be placed along the wetland/waterway boundaries and will be confined to the project area. Any wetland/waterway habitat that extends beyond the project area, and within 275 feet (ft) (referred to as "the study area"), will be estimated both visually and using public domain resources to assess extent. We will document the flag locations using global positioning system (GPS) equipment capable of sub-meter accuracy. Wetlands within the study area will be rated in accordance with Ecology's Washington State Wetland Rating System for Western Washington, and buffer widths will be determined in compliance with applicable Critical Areas regulations. Stream typing and buffer widths will be based on Chapter 11.06 of the Kent City Code (KCC), and the water-typing system promulgated in Washington Administrative Code (WAC) 222-15-131. LAI will prepare a draft Wetland and Waterway Delineation Technical Memorandum for the project with the information obtained from field delineation and ratings. The memorandum, which will be submitted to the AGENCY for shoreline critical areas compliance and to other regulatory agencies, will include: • A summary of the methodology used • The size and rating of each wetland and waterway; a characterization of wetland Page 4 of 17 City of Kent - Green River Bridge Repainting and Structural Deck Overlay vegetation, soils, and hydrology; and field data sheets • A scaled site map showing the locations of wetland/waterway boundaries and buffers, locations of wetland data plots, and site topography • Supporting photographs • A summary of regulatory jurisdiction and applicable exemptions. The draft memorandum will be provided to the AGENCY for review. Comments will be reviewed and incorporated, as appropriate, into a final Wetland and Waterway Delineation Technical Memorandum. Assumptions: • The AGENCY will provide site access and permissions, which will include clearing the site of homeless encampments as needed to provide safe access to the project area. • Wetland/waterway boundary flagging will be placed only in accessible parts of the project area. o Tree cover and/or topography onsite will not provide an obstruction to the GPS signal. If GPS connectivity is not available, LAI will request an amendment to this scope and budget for surveying the wetland flag locations. Deliverables: • An electronic (Adobe PDF) copy of the draft and final Wetland and Waterway Delineation Technical Memorandum. 2.2 WSDOT Local Program National Environmental Policy Act Categorical Exclusion Form LAI will prepare a preliminary version of the WSDOT Local Programs NEPA Categorical Exclusion (CE) Form (formerly the Local Agency Environmental Classification Summary). The purpose of the preliminary NEPA CE form is to facilitate discussion with WSDOT Local Programs to determine subsequent NEPA compliance needs. To complete the preliminary version of the CE form, LAI will compile and review environmental information from readily available public domain resources to gain a general understanding of relevant environmental resources along the project corridor. As part of this task, LAI will identify the Area of Potential Effects (APE) in accordance with 36 Code of Federal Regulations (CFR) 800.16(d) and coordinate, through the AGENCY, with the WSDOT Local Program Engineer and WSDOT archeologist on the APE and Section 106 National Historic Preservation Act exemption. A final version of the NEPA CE Form will be prepared following completion of preliminary design plans. Page 5 of 17 City of Kent - Green River Bridge Repainting and Structural Deck Overlay Assumptions: • Costs for professional archaeological investigation and/or historic property inventory are not included in this scope of services. • The project will qualify for a SEPA exemption. This scope of services does not include preparation of a SEPA Checklist or Environmental Impact Statement. • The proposed project will receive funding from the Federal Highway Administration (FHWA) administered through WSDOT Highways and Local Programs and will satisfy the criteria as a NEPA Categorical Exclusion. • The project will have a no effect determination on listed species and/or their designated critical habitat and a formal Biological Opinion will not be required. The project will have no adverse impact to EFH. The No Effect determination will be presented in the NEPA CE form. Preparation of a technical memorandum documenting determination of No Effect will not be required and is not included in this scope of services. Deliverables: • An electronic (MS Word) copy of the preliminary and final NEPA CE forms. • An electronic (MS Word) copy of the draft and final APES. 2.3 Agency Preapplication Meetings LAI will participate in up to two pre-application meetings and three conference calls, as needed, with the AGENCY, WSDOT Local Programs, Washington Department of Fish & Wildlife (WDFW), USACE, and the US Coast Guard (USCG) to coordinate jurisdictional limits and permit conditions for the project. This task includes participation in at least two onsite meetings, three conference calls, and associated correspondence to support preapplication inquiries. Deliverables: • Meeting summaries in email format. 2.4 Hazardous Materials Good-Faith Field Survey LAI will provide a good-faith survey (GFS) focused on those painted steel surfaces on the Green River Bridge that will be repainted as a portion of the structural rehabilitation efforts (Project Area). More specifically, the GFS will include the following activities: • LAI will identify and sample suspect lead containing paint (LCP) and document the locations of the suspect LCP within the Project Area. • Suspect LCP samples will be submitted to NVL Laboratories (NVL) to be analyzed for the presence of total lead by Environmental Protection Agency (EPA) Method SW 846- 3051/7000B, using flame atomic absorption spectrometry. With a sufficient size sample (0.2 gram or greater), this methodology has a minimum detection limit of 25 Page 6 of 17 City of Kent - Green River Bridge Repainting and Structural Deck Overlay parts per million.This detection limit is sufficiently low to identify lead concentrations in paint that will allow an employer to comply with the State's worker protection statute, and to identify materials that may need to be segregated from the waste stream during the rehabilitation and repainting efforts. NVL is certified by Ecology's Environmental Laboratory Accreditation Program and the American Industrial Hygiene Association for analysis of lead in paint and other media. • A request will be made that LCP samples submitted to NVL be archived and held for a potential toxicity characteristic leaching procedure (TCLP) for lead using EPA Method 1311/6010. Upon the request of the Project team, LCP samples will be analyzed using TCLP to determine applicable regulatory disposal requirements for the material, but only if the results of analysis by flame atomic absorption spectrometry show lead concentrations greater than or equal to 100 milligrams per kilogram (mg/kg) for individual LCP samples. Prior to any field activities, LAI will prepare a Project-specific health and safety plan (HASP) that will be reviewed and approved by LAI's corporate Health and Safety Officer. LAI will prepare a brief Technical Memorandum summarizing the GFS, sampling activities, and results. This report will include descriptions of the survey and sampling activities; tabulated analytical results; identification, approximate locations, and estimated quantities of LCP; photographs of confirmed LCP sampling locations; and a summary of results. The report will also outline field limitations and discuss suspect materials that were inaccessible for sampling during the survey. A draft GFS report will be submitted to CONSULTANT and the AGENCY for review and comment. Upon receipt, comments will be addressed, as appropriate, and LAI will issue a final report. LAI will assist with identifying applicable standard and/or general special provisions related to LCP mitigation to be included in the project specifications. Assumptions: • The AGENCY will provide site access and permissions, which include clearing the site of homeless encampments as needed to provide safe access to the project area. • A Hazardous Materials Discipline Report to address hazardous and problem waste may be required by WSDOT based on its review of the preliminary NEPA CE form. Preparation of a Hazardous Materials Discipline Report is not included in this scope of services. The level of detail and report format for a Hazardous Materials Discipline Report is dependent on the project activities and type and number of potential hazardous material impacts identified. A scope and cost estimate to complete a Hazardous Materials Discipline Report, if required by WSDOT, will be provided following receipt of review comments from WSDOT regarding the preliminary NEPA CE form. Page 7 of 17 City of Kent - Green River Bridge Repainting and Structural Deck Overlay • LAI will not enter or survey portions of the Project Area that: o are within high vehicular traffic areas without proper and appropriate traffic control; o are deemed by the inspector to be permit-required, confined spaces; o would require fall protection or are otherwise elevated and cannot be safely accessed from the ground surface; or o are otherwise judged to be unsafe to enter (e.g., dilapidated structures, electrical or mechanical vaults, excessively high or steep surfaces, inaccessible or overly constricted spaces, homeless encampments, or other areas not safe for entry by LAI staff). If such areas are identified, the inspector will attempt to identify suspect building materials from a safe location or from a distance outside these areas, to the extent practicable. • GFS fieldwork, including mobilization and sample collection, can be completed by one team of two inspectors. The GFS will be completed during daylight hours. • Given the presence of elevated shoulder/walkway areas on the outer margins of the bridge, and various pedestrian pathways beneath the bridge, the field team will be able to safely collect samples from areas outside of the travel lanes and traffic control will not be required. If, however, traffic control is required to allow for the field team to safely collect samples, such work would either be provided by the AGENCY or by LAI under a supplemental agreement. • Up to 15 samples of suspect LCP will be collected during this GFS, all of which would be analyzed for total lead; up to five samples may then be reanalyzed using the TCLP methodology. • Samples will be submitted to NVL and analyzed with a 5-business-day turnaround time. • No lighting or other electrical equipment will be needed to complete the sampling. • The LCP survey will include targeted destructive sampling. This scope does not include time or material costs for LAI to repair sampling locations. Destructive methods will be limited. LAI will not attempt to locate or identify hazardous materials that are not readily accessible (e.g., areas concealed beneath road decking, behind concrete or metal retaining walls, or otherwise concealed by solid materials). • As-built drawings that include features within the PROJECT Area will be provided to LAI at least 5 business days prior to the sampling event. LAI will review these drawings prior to the sampling efforts to better understand the surveyed features' construction process and potential material homogeneity. If such drawings are not available prior to the fieldwork, this may be identified as a limitation in the GFS report. • The draft GFS report will need only minor revisions, requiring no more than 2 hours to produce the final document. • This task does not include the development of specifications for use during construction. Page 8 of 17 City of Kent - Green River Bridge Repainting and Structural Deck Overlay Deliverables: • An electronic (Adobe PDF) copy of the draft and final GFS Report. 2.5 Section 4(f) Documentation LAI will prepare the WSDOT Section 4(f) Temporary Occupancy form(s) to address use/impacts of the project on the Green River Trail and/or associated parking area that may be used for construction access and/or staging. The form(s) will provide: • A project description • A description of Section 4(f) resources (i.e., park and/or historic sites) affected by the project and proposed impacts (including figure) • A summary of public outreach efforts. LAI will prepare a draft form(s) for review and comment by CONSULTANT and the AGENCY, and then prepare a final document. Assumptions: • A concurrence letter from the agency with jurisdiction over the Section 4(f) resource will be provided to LAI by the AGENCY. Deliverables: • An electronic (Adobe PDF) copy of the draft and final Section 4(f) Temporary Occupancy form(s). 2.6 Permit Applications LAI will support the AGENCY, as requested, with application for Hydraulic Project Approval (HPA) from WDFW. An application for HPA will be submitted by the AGENCY through the online Automated Package Processing System (APPS) website. LAI will also support, as requested, preparation of the AGENCY's Shoreline Exemption application form and the USCG Bridge Work Plan Concurrence and Maritime Stakeholder Notification. Assumptions: • The AGENCY will initiate compilation of application materials and LAI will provide review and/or additional information in support of the application(s). • The AGENCY will pay all the applicable permit application fees. • USCG bridge permit and associated navigation study will not be required. • No work will occur below the ordinary high water line of the Green River and a permit from the USACE will not be required. • Plan view of the bridge and navigation clearances will be provided to LAI. Page 9 of 17 City of Kent - Green River Bridge Repainting and Structural Deck Overlay Deliverables: • An electronic (Adobe PDF) copy of the draft and final Shoreline Exemption forms. • An electronic (Adobe PDF) copy of the draft and final Section 4(f) Temporary Occupancy form(s) • An electronic (Adobe PDF) copy of the draft and final USCG Bridge Work Plan Concurrence and Maritime Stakeholder Notifications. 2.7 Agency Coordination LAI will assist CONSULTANT and the AGENCY to respond to agency comments on application submittals and provide support with inquiries on agency status of reviews. The agencies may require additional data regarding potential environmental impacts and their mitigation to avoid/minimize impacts. Support will be provided via teleconference and email. Assumptions: • Onsite meetings are not included in this task. Deliverables: • Email and/or telephone correspondence. Page 10 of 17 City of Kent - Green River Bridge Repainting and Structural Deck Overlay WORK ELEMENT 3 TRAFFIC ENGINEERING This Work Element is performed by CONSULTANT to provide Traffic Engineering assistance to the City required for the PROJECT. This work element includes the following subtasks: 3.1 Mobility of Traffic (MOT) Plans CONSULTANT will act in an advisory role to provide any desired Mobility of Traffic (MOT) plans for the construction phase of the Green River Bridge Repainting and Structural Deck Overlay to the City. This subtask involves the following activities: • Initial coordination with project team, AGENCY, and other stakeholders on traffic control strategies and options based on design alternatives, including full closure and partial closure options • Any desired input in development of traffic control plans and review with project team and agency stakeholders • Attendance of one project public meeting to discuss traffic control strategies and get input from public • Meeting with project team and the AGENCY to select preferred traffic control strategy WORK ELEMENT 4 CIVIL/ ROADWAY/ DRAINAGE DESIGN AND UTILITY COORDINATION This work element is performed by CONSULTANT to provide civil design services for the erosion repairs at the abutments of the PROJECT. This task will include the following subtasks: 1. A grading plan at abutments to stabilize the sloughing that has occurred due to storm water penetration throught the failed expansion joints. This subtask will be performed based on the available topo underneath the bridge at the abutment locations 2. A plan for surface drainage at the structure's superstructure deck level Assumptions: • All civil work will be performed per existing topo information. Deliverables: • Bridge abutment grading, and surface drainage plans. Page 11 of 17 City of Kent - Green River Bridge Repainting and Structural Deck Overlay WORK ELEMENT 5 STRUCTURAL LOAD RATING AND ANALYSIS This work element is performed by CONSULTANT to provide structural load rating and analysis. This task includes the following activities: • Review of existing load ratings and inspection reports • Load rating and analysis for painting and repair activities: o Load rating for dead and live loads anticipated for the work platform o Load rating for post-repair conditions that includes overlay dead load and analysis and rating for King County Rapid Route vehicles All load rating activities will be performed per the Chapter 12 of 2022 WSDOT Bridge Design Manual and the current AASHTO Manual for Bridge Evaluation (MBE). The post rehabilitation load rating will be performed per WSDOT and AASHTO Load Factor Rating (LFR) methodology. The load rating will include the following elements: • Main girders • Stringers • Truss rating Assumptions: • AGENCY will provide the information for King County's vehicles for Rapid Ride Route All existing structural load rating information Deliverables: • Load Rating Report for painting and repair activities • Post Rehabilitation Load Rating Report including analysis for KC Rapid Ride Route vehicles Page 12 of 17 City of Kent - Green River Bridge Repainting and Structural Deck Overlay WORK ELEMENT 6 STRUCTURAL DESIGN This work element is performed by CONSULTANT to prepare 50%, and 100% Ad-Ready structural and overlay design for the PROJECT. This task will include the following: • Review of existing information and inspection reports to determine extent of steel member repairs needed • Deck overlay design • Full Plans, Specifications, and Estimates for the following: o Painting plan o Paint containment system and work platform o Deck overlay o Expansion joint repair 6.1 50% Design The activities associated with this task include the following: • Data Collection and Review: CONSULTANT will further evaluate inspection reports, recommendations by the inspector, load ratings, and documents available in BridgeWorks and provided by the AGENCY. • Field Evaluation: CONSULTANT will perform a field evaluation of the existing condition of the bridge deck and steel members that require repair, which may include: o Bridge deck acoustic response (chain dragging) o Additional core samples for evaluation of chloride content o Evaluation of expansion joints for most durable replacement options o Condition of deck rebar in terms of corrosion build up and location from deck surface o Inspection of steel elements to determine extent of repair needed in preparation for painting • Overlay Design: in coordination with the AGENCY, CONSULTANT will prepare a memo that describes different bridge deck overlay systems with a recommendation for system to be advanced to full design. The memo will describe investigations on the following overlay systems: o Modified Concrete Overlay o Polyester Overlay o Methyl Methacrylate Overlay Pros and cons of each system will be studied and the CONSULTANT will recommend the system that is optimized for the PROJECT site. The AGENCY will be an inherent part of Page 13 of 17 City of Kent - Green River Bridge Repainting and Structural Deck Overlay this selection and upon the AGENCY's approval of the selected overlay system, the CONSULTANT will advance design to full construction documents. • Containment/ Work Platform System Design: CONSULTANT will prepare a 50% containment system concept. • Abutment Erosion Repair: CONSULTANT will prepare 50% design to mitigate and repair abutment erosion at locations above Ordinary High Water Marks (OHWM). • Joint Repairs: CONSULTANT will prepare 50% design for repair of static and expansion joints of the bridge. Expansion Joints are only utilized at the bridge abutments. • Specifications: CONSULTANT will prepare 50% preliminary specifications. • Engineer's Estimate of Construction Cost (EECC): CONSULTANT will prepare preliminary (50%) Engineer's Estimate of Construction Cost. All activities will be performed in coordination with the AGENCY. Throughout the structural design activities, special care will be given toward a low impact design approach for many reasons including noise reduction, protection of the bridge structure and protection of the waterway. QA/QC activities are an inherent part of this task. Assumptions: • It is assumed that an in-depth inspection of the steel components of the bridge is not necessary. If it is determined that there is a need following the site foot-inspection of the bridge, a management reserve release will be requested by CONSULTANT for additional funds to perform an in-depth inspection. Deliverables: • One electronic copy in Adobe pdf of the 50% Plans Set, 11x17 (half-size). • One electronic copy in Adobe pdf of the Preliminary (50%) Engineer's Opinion of Construction Cost. • One electronic copy in MS Word of the Preliminary (50%) Specifications and the Runlist 6.2 Draft 100% Design The activities associated with this task include the following: • Overlay Design: CONSULTANT will advance the 50% design to draft 100% completion for the bridge deck overlay. • Containment/Work Platform System Design: CONSULTANT will advance the 50% design to 95% completion for the containment system design. • Abutment Erosion Repair: CONSULTANT will advance the 50% design to draft 100% design. Page 14 of 17 City of Kent - Green River Bridge Repainting and Structural Deck Overlay • Joint Repairs: CONSULTANT will advance the 50% design to draft 100% design for repair of static and expansion joints of the bridge. • Specifications: In coordination with the AGENCY, CONSULTANT will advance the 50% specifications to draft 100% completion. • Engineer's Estimate of Construction Cost: CONSULTANT will advance the 50% EECC to draft 100% completion. QA/QC activities are an inherent part of this task. Deliverables: • One electronic copy in Adobe pdf of the draft 100% Plans Set, 11x17 (half-size) • One electronic copy in Adobe pdf of the draft 100% Engineer's Opinion of Construction Cost • One electronic copy in MS Word of the draft 100% Specifications and the Runlist 6.3 Ad-Ready PS&E (100%) Design The activities associated with this task include the following: • Overlay Design: CONSULTANT will advance the draft 100% to Ad-Ready completion for the bridge deck overlay. • Containment System Design: CONSULTANT will advance the draft 100% to Ad-Ready completion for the containment system design. • Work Platform Design: CONSULTANT will advance the draft 100% to Ad-Ready completion. • Abutment Erosion Repair: CONSULTANT advance the draft 100%to Ad-Ready completion. • Joint Repairs: CONSULTANT will advance the draft 100% to Ad-Ready completion for repair of static and expansion joints of the bridge. • Specifications: In coordination with the AGENCY, CONSULTANT will advance the draft 100%to Ad-Ready completion. • Engineer's Estimate of Construction Cost: CONSULTANT will advance the draft 100% EECC to Ad-ready completion. QA/QC activities are an inherent part of this task. Assumptions: • AGENCY to provide Specification Manual template to CONSULTANT Page 15 of 17 City of Kent - Green River Bridge Repainting and Structural Deck Overlay Deliverables: • One electronic copy in Adobe pdf of the Ad-Ready 100% Plans Set, 11x17 (half-size) • One electronic copy in Adobe pdf of the Ad-Ready 100% Engineer's Estimate of Construction Cost • One electronic copy in MS Word of the Ad-Ready 100% Specifications and the Runlist in the AGENCY's format Sheet Set PS&E Submittal Phase Sheet Name #of Sheets Draft 50% 100% 100% Cover Sheet&Sheet Index 1 X X X Legend,Abbreviations& Notes 1 X X X Structural General Notes 1 X X Bridge Plan, Elevation,and Section 1 X X X Construction sequence 2 X X X Bridge Overlay Plans&Details 3 X X X Steel repairs and details 2 X X Expansion Joint Details 1 X X Bridge Drainage Details 1 X X Utility Support Details 2 X X Abutment Erosion Repair 3 X X X WORK ELEMENT 7 ASSISTANCE DURING BID PERIOD CONSULTANT shall provide bid support and assist AGENCY in answering questions from prospective bidders during the bid process. After the construction contract has been awarded, CONSULTANT shall attend one prebid conference with potential bidders to assist AGENCY in responding to questions. CONSULTANT shall provide responses to up to ten contractor Request for Information (RFIs) and prepapre up to two contract addendums, if required. Page 16 of 17 City of Kent - Green River Bridge Repainting and Structural Deck Overlay Project Deliverable Anticipated Schedule Deliverable Anticipated Delivery Date Invoices and Progress Reports Monthly Project Schedule Two weeks after NTP Risk Matrix Ongoing Load Rating Report for painting and repair activities 4/30/2023 Post Rehabilitation Load Rating Report After construction Draft Wetland and Waterway Delineation Technical Memorandum 2/10/2023 Final Wetland and Waterway Delineation Technical Memorandum 2/17/2023 NEPA CE Submittal 5/1/2023 Area of Potential Affect(APE) 2/33/2023 Good Faith Survey Report 3/1/2023 Section 4(f)Temporary Occupancy form(s) 4/1/2023 USCG Bridge Work Plan Concurrence and Maritime Stakeholder 5/1/2023 Notifications Shoreline Exemption forms 3/1/2023 Draft 50% Plans, Specifications, and Estimate (PS&E) 3/01/2023 City Review 3/02/2023--3/16/2023 Approval To Proceed for Draft 100% Phase 3/20/2023 Draft 100% Plans, Specifications, and Estimate 7/03/2023 Ad-ready PS&E 7/28/2023 PHASE 2 SUPPLEMENT-CONSTRUCTION PHASE SERVICES At the discretion of the AGENCY, construction phase services may be added as a supplement to this contract. Page 17 of 17 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: Z Surveying, Roadway Design &Plans Preparation Section A. Survey Data B. Roadway Design Files C. Computer Aided Drafting Files LA10339&LA10341 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 D. Specify the Agency's Right to Review Product with the Consultant E. Specify the Electronic Deliverables to Be Provided to the Agency F. Specify What Agency Furnished Services and Information Is to Be Provided LA10339&LA10341 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 K Any Other Electronic Files to Be Provided Ill. Methods to Electronically Exchange Data LA1-339&LA10341 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 A. Agency Software Suite B. Electronic Messaging System C. File Transfers Format LA1-339&LA10341 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Exhibit D Prime Consultant Cost Computations LA10339&LA10341 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Exhibit D - Prime Consultant Cost Computations Summary T R A N T E C H Project Name Green River Bridge Deck Overlay and Repainting ' Engineering L L C Client City of Kent TRANTECH TEAM BUDGET BREAKDOWN Work Element 1 Project Management $31,029 Work Element 2 Environmental Permitting and Wetland/Waterway Delineation $43,579 Work Element 3 Traffic Engineering $3,961 Work Element 4 Structural Load Rating &Analysis $65,508 Work Element 5 Structural Design PS&E $182,868 Work Element 6 Assistance During Bid Period $9,297 Reimbursable Expenses $613 TOTAL PROJECT BUDGET $336,855 Exhibit D - Prime Consultant Cost Computations Summary T R A N T E C H Project Name Green River Bridge Deck Overlay and Repainting ' Engineering L L C Client City of Kent TRANTECH TEAM BUDGET BREAKDOWN TranTech - Civil/Roadway/Structural $293,276 Landau Associates - Environmental $43,579 TOTAL PROJECT BUDGET $336,855 TranTech Exhibit D-Prime Consultant Cost Computation TranTech Engineering City of Kent Green River Bridge Deck Overlay and Re aintin d m drn c c iu `m N c c rn c c c y c 0 'E m — — w w w •0 - > 5 m u m •o ar lu & u > '>_ W m w ¢ A a n in N U > K U in u y N ii U at at c c o 4 c c tk a c E Total Total Cost Per it it w a in I ti N a` y ao K m a Hours I Cost Per WE Work Element P.Limaye K.Nikzed J King/A S Shih K.Massey A.Emoto A.Gage/D R.Brar K.Van Velzer C.Sherrell M.Sheikhizadeh D.Jensen B.Bryant Ahnnoradi Sheesley Initials/Name Fully Burdened Rate $182.40 $231.91 $231.91 $187.35 $135.50 $106.83 $182.40 $151.13 $130.29 $156.34 $231.91 $130.29 $117.26 ,029.12 $ 31,029.12 1.1 Monthly Progress Reports and Invoicin 2 80 24 106 $ 21,731.84 1.2 Project Kick-off Meeting and Progress Meetings 16 8 24 $ 4,648.64 1.3 Design Team Management 16 8 24 $ 4,648.64 0 $ Wo - ra is ngme 16 8 24 $ 3,960.72 0 $ ork Element 4-Structural Load Rating and Analysis 8 40 120 120 120 24 432 $ 65,.,07.52 0 1 $ 0 r Element 5-Structural Design 5.1 Overlay Alternatives Memo 8 8 8 8 16 8 56 $ 10,650.08 5.2 50%PS&E $Data Collection and Review 8 8 16 $ 3,710.56 Field Evaluation 8 8 8 24 $ 4,961.28 50%Design $ Overlay Design 8 8 8 8 8 32 8 24 104 $ 17,133.12 Containment/Work Platform 8 8 8 8 8 16 56 $ 10,233.28 Abutment Erosion Repair 8 16 20 20 8 24 96 $ 17,005.08 Joint Repairs 8 8 16 16 8 16 72 $ 12,816.08 50%Specifications 16 24 16 56 $ 8,838.72 50%Estimate 8 20 28 $ 4,565.28 5.3 Draft 100%PS&E $ - Overlay Design 8 8 8 8 8 32 8 24 104 $ 17,133.12 Containment/Work Platform Design 8 8 8 8 8 16 56 $ 10,233.28 Abutment Erosion Repair 8 16 20 20 8 24 96 $ 17,005.08 Joint Repairs 8 8 16 16 8 16 72 $ 12,816.08 Draft 100%Specifications 16 24 16 56 1$ 8,838.72 Draft 100%Estimate 8 20 28 1$ 4,565.28 5.4 100%PS&E $ - 100%Plans 8 16 16 16 8 8 8 8 8 8 16 16 136 $ 22,363.44 100%Specifications 0 100%Estimate 0 rk Element 6-Assistance During Bid Peri 8 $ 9,297.28 16 16 16 48 $ 9,297.28 0 $ 0 $ 0 $ 0 Page 3 TranTech Exhibit D-Prime Consultant Cost Computation TranTech Engineering City of Kent Green River Bridge Deck Overlay and Repaintin a W W •OI C y C � O_ ,C m C r m Y N W W •� 'm C _ y U M rn : W W a a c F > •o m m U U > K U in .o o v a Total Total Cost Per it it m it 8r in to a y m y Q Hours Cost Per WE Work Element P.Limaye K.Nik-d J King/A S Shih K.Massey A.Emoto AS Gage/D R.Brar K.Van Velwr C.Shen-0M' D.Jensen B.Bryant InRials/Name Alimoradi Sheesley Sheikhizatleh Fully Burdened Rate $182.40 $231.91 $231.91 $187.35 $135.50 $106.83 $182.40 $151.13 $130.29 $156.34 $231.91 $130.29 $117.26 Total Staff Hours 2 280 168 248 336 144 24 8 16 96 88 176 128 1714 Total Labor Cost $364.80 $64,934.80 $38,960.88 $46,462.80 $45,528.00 $15,383.52 $4,377.60 $1,209.04 $2,084.64 $15,008.64 $20,408.08 $22,931.04 $15,009.28 $ 292,663.12 $ 292,663.12 $292,663.12 Reimbursable Expenses Subtotal Labor $ 292,663.12 Travel expenses(mileage) 100 $0.625 $ 62.50 Reimbursable Expenses $ 612.50 Graphic supplies 1 $150.000 $ 150.00 Production 1 $400.000 $ 400.00 Notes: (a)Rates shown reflect the typical compensation rate of employees assigned to the labor classification listed. Each category may have multiple employees assigned to that labor classification and each employee may have a different hourly rate of pay. Invoices will reflect actual pay rate. (b)Classifications shown are general,the actual invoice will show our employee's specific labor classification- or e.g.,Senior Engineer,Senior Geologist Senior Planner. Page 4 TranTech Table City of Kent Green River Bridge Deck Overlay and Repainting TranTech Engineering, LLC All Inclusive Hourly Direct Labor Billing Rate Hourly Billing Overhead Rate Fee Effective Through Job Classification Rate NTE 130.57% 30% 12/31/23 Principal Engineer $70.00 $91.40 $21.00 $182.40 Principal Project Manager- QA/QC $89.00 $116.21 $26.70 $231.91 Senior Structural Engineer $89.00 $116.21 $26.70 $231.91 Project Structural Engineer $71.90 $93.88 $21.57 $187.35 Staff Structural Engineer 2 $52.00 $67.90 $15.60 $135.50 Staff Structural Engineer 1 $41.00 $53.53 $12.30 $106.83 Senior Civil Engineer $70.00 $91.40 $21.00 $182.40 Project Civil Engineer $58.00 $75.73 $17.40 $151.13 Staff Civil Engineer $50.00 $65.29 $15.00 $130.29 Bridge Rehabilitation Specialist $60.00 $78.34 $18.00 $156.34 Resident Engineer $89.00 $116.21 $26.70 $231.91 Senior CAD Technician $50.00 $65.29 $15.00 $130.29 Administrative 3 $45.00 $58.76 $13.50 $117.26 Page 6 Exhibit E Sub-consultant Cost Computations If no sub-consultant participation listed at this time. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI "Sub-Contracting" of this AGREEMENT. LA10339&LA10341 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 LAI Exhibit E-Subconsultant Cost Computation Landau Associates Client city of Kent Green River Bridge Repainting and Structural Overlay R C E N L G � C ry L jp 'C1 Ru `o_ c E 0 N O c o c `o `o d o w y d N C9 0 Cost Per 5 c n 'c 'c c u C a Total Work Total Cost Per 0 0 2 IL to Q U) fA Q. fA a) ¢ (L o v to Hours Element Work Element Allan Barton Katie Saltonavitz Steven Quarlerman Derek Palvino Nicole Foster Chris Sommer Nick Ulacla Devan King Jeff Valluzzi Jennifer Wynkoop Alyssa Johnson Eric Zick Name maximum rate $322.29 $230.70 $197.61 $169.63 $167.09 $127.22 $115.37 $116.43 $84.67 $135.83 $135.73 $160.00 $90.85 Work Eli ental 2.1 WetlandlWaterway Delineation 1 21 30 6 6 64 $ 10,403.10 2.2 WSDOT Local Programs NEPA 26 4 3 2 35 $ 7,187.23 2.3 Agency Preapplication Meetings 20 20 $ 4,614.05 2.4 Hazardous Materials GFS 1 1 12 18 4 14 50 $ 7,793.01 2.5 Section 4(f)Documentation 13 3 4 20 $ 4,046.62 2.6 Permit Applications 1 20 3 24 $ 5,343.84 2.7,Agency Coordination 12 1 1 4 1 1 1 16 $ 3,229.90 Total Staff Hours 3 113 12 0 0 18 38 0 4 15 0 26 0 1 229 Total Labor Cost $966.88 $26,069.38 $2,371.31 $0.00 $0.00 $2,290.02 $4,384.02 $0.00 $338.70 $2,037.48 $0.00 $4,159.98 $0.00 $ 42,617.75 $ 42,617.75 $42,617.75 Reimbursable Exigenses Item Units Cost per Unit Total Cost Subtotal Labor $ 42,617.75 Travel expenses(mileage) 100 $0.625 $ 62.50 Reimbursable Expenses $ 961.50 Field Supplies 205 $1.000 $ 205.00 Laboratory 1 $694.000 $ 694.00 MMMME,$ 579.25 Notes: (a)Rates shown reflect the typical compensation rate of employees assigned to the labor classification listed. Each category may have multiple employees assigned to that labor classification and each employee may have a different hourly rate of pay. Invoices will reflect actual pay rate. (b)Classifications shown are general,'the actual invoice will show our employee's specific labor classification- for e.g.,Senior Engineer,Senior Geologist,Senior Planner. Page 5 LAI Table City of Kent Green River Bridge Repainting and Structural Overlay Landau Associates, Inc. All Inclusive Hourly Direct Labor Overhead Billing Rate Hourly Billing Rate Fee Effective Through Job Classification Rate NTE 222.81% 30% 12/31/23 Principal 91.351 203.541 27.411 $322.29 Senior Associate $65.39 $145.70 $19.62 $230.70 Associate $56.01 $124.80 $16.80 $197.61 Senior $48.08 $107.13 $14.42 $169.63 Senior Project $47.36 $105.52 $14.21 $167.09 Project $36.06 $80.35 $10.82 $127.22 Senior Staff 32.701 $72.86 $9.81 $115.37 Staff/Senior Technician II 33.001 $73.53 $9.90 $116.43 Assistant/Senior Technician 1 $24.00 $53.47 $7.20 $84.67 Project Coordinator $38.50 $85.78 $11.55 $135.83 Data Specialist $38.47 $85.72 $11.541 $135.73 CAD/GIS Technician $45.35 $101.04 $13.611 $160.00 Support Staff $25.75 $57.37 $7.731 $90.85 Page 7 Exhibit F - Title VI Assurances Appendix A & E APPENDIX A During the performance of this contract, the contractor, for itself, its assignees, and successors in interest(hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor(hereinafter includes consultants)will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, (Federal Highway Administration), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor,with regard to the work performed by it during the contract,will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity,project, or program set forth in Appendix B of 49 CFR Part 21. [Include Washington State Department of Transportation specific program requirements.] 3. Solicitations for Subcontracts,Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include Washington State Department of Transportation specific program requirements.] 4. Information and Reports: The contractor will provide all information and reports required by the Acts,the Regulations, and directives issued pursuant thereto and will permit access to its books,records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the (Federal Highway Administration) to be pertinent to ascertain compliance with such Acts,Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the (Federal Highway Administration), as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the (Federal Highway Administration) may determine to be appropriate, including,but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the (Federal Highway Administration) may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. LA10339&LA10341 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Exhibit F - Title VI Assurances Appendix A & E APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems,places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs,policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency(LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). LA10339&LA10341 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Exhibit G Certification Document Exhibit G-1(a) Certification of Consultant Exhibit G-1(b) Certification of Agency Official Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Exhibit G-4 Certificateof Current Cost or Pricing Data N/A Local Agency A&E Professional Services Agreement Number ......x LA10341 Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of TranTech Engineering, LLC whose address is 365 118th Avenue SE, Suite 100, Bellevue, WA 98005-3557 and that neither the above firm nor I have a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person(other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be furnished to the City of Kent and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws,both criminal and civil. TranTech Engineering, LLC Consultant(Firm Name) 3/9/2 3 Signature(Authorized Official of Consultant) Date LA10339&LA10341 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Exhibit G-1(b) Certification of City of Kent I hereby certify that I am the: R Agency Official ❑ Other of the City of Kent , and TranTech Engineering, LLC or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; o b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated(if any): I acknowledge that this certificate is to be furnished to the City of Kent and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws,both criminal and civil. 03/16/2023 Signature City of Kent Date Dana Ralph,Mayor Local Agency A&E Professional Services Agreement Number LA1033.&LA10341 Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Exhibit G-2 Certification Regarding Debarment Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; an D. Have not within a three (3) year period preceding this application /proposal had one or more public transactions (Federal, State and local)terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification such prospective participant shall attach an explanation to this proposal. TranTech Engineering, LLC Consultant(Firm Name) 3/9/23 Signature(Authorized Official of Consultant) Date LA10339&LA10341 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperativeAGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the require certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub-contracts, which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly. TranTech Engineer, LLC Consultant(Firm Name) 3/9/2 3 Signature(Authorized Official of Consultant) Date Local Agency A&E Professional Services Agreement Number """a L"10341 Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant has alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include all decisions and descriptions of work,photographs, records of labor, materials, and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. LA10339&LA10341 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Step 5 Forward Documents to Local Programs For federally funded projects, all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP,in consultation with FHWA,will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. LA10339&LA10341 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) total a $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to theAgency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim,proceed to step 3 of the procedures. LA10339&LA10341 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associate with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit LA10339&LA10341 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 73/9/2023 E(MM/DDYYY) A�" CERTIFICATE OF LIABILITY INSURANCE /Y THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must 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 NAME: Sarah Fish AssuredPartners of Washington, LLC PHONE FAx 19689 7th Ave NE, Ste 183, PMB#369 AIC No Ext: 360-626-2961 (AI C No):360-626-2961 Poulsbo WA 98370 ADDRESS; sarah.fish@assuredpartners.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Casualty and Surety Co of America 31194 INSURED 7547 INSURER B:Travelers Property Casualty Company of America 25674 ch Engineering LLC 365 118th Avenue SE Suite 100 INSURER C:The Charter Oak Fire Insurance Company25615 365 11 Bellevue WA 98005 INSURERD:The Phoenix Insurance Company 25623 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:20332634 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP /Y LIMITS LTR INSD WVD POLICY NUMBER MM/DDYYY IY MM/DDYYY C X COMMERCIAL GENERAL LIABILITY 6803J385690 7/22/2022 7/22/2023 EACH OCCURRENCE $2,000,000 F—V� DAMAGE TO CLAIMS-MADE OCCUR PREMISES (E.occur ante) $1,000,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY jE LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ D AUTOMOBILE LIABILITY BA9R516794 7/22/2022 7/22/2023 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L $ B X UMBRELLA LIAB X OCCUR CUP8N373636 7/22/2022 7/22/2023 EACH OCCURRENCE $3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 DED X RETENTION$In nnn $ C WORKERS COMPENSATION 7/22/2022 7/22/2023 PERT OH- AND EMPLOYERS'LIABILITY Y/N 6803J385690 STAUTEX WA Stop Gap ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (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 Professional Liab;Claims Made 105315328 7/15/2022 7/15/2023 Per Claim $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The certificate holder is an additional insured per the attached. Green River Meeker Street Bridge Deck Repair and Repainting project. City of Kent,The State and Agency,their officers,employees and agents are additional insureds per the attached.General Liability is Primary/Non-Contributory per the attached. Insurance coverage includes waiver of subrogation per the attached endorsement(s). 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. Attn: Stephen Lincoln 220 4th Avenue South AUTHORIZED REPRESENTATIVE Kent WA 98032 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy: BA9R516794 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 Paragraph c. in A.1., Who between you and that person or organization, that is Is An Insured, of SECTION II — COVERED AUTOS signed by you before the "bodily injury" or "property LIABILITY COVERAGE in the BUSINESS AUTO damage" occurs and that is in effect during the policy COVERAGE FORM and Paragraph e. in A.1., Who Is period, to name as an additional insured for Covered An Insured, of SECTION II — COVERED AUTOS Autos Liability Coverage, but only for damages to LIABILITY COVERAGE in the MOTOR CARRIER which this insurance applies and only to the extent of COVERAGE FORM, whichever Coverage Form is that person's or organization's liability for the conduct part of your policy: of another"insured". This includes any person or organization who you are required under a written contract or agreement CA T4 37 02 16 ©2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. PoliCy# CUP8N373636 UMBRELLA 1. This insurance will apply before any "other provide insurance in such country or insurance" that is available to such additional jurisdiction; or insured which covers that person or b. The furnishing of certificates or other organization as a named insured, and we will evidence of insurance in any country or not share with that "other insurance", provided jurisdiction in which we are not licensed to that the injury or damage for which coverage is provide insurance. sought is caused by an "event" that takes place Q. PROHIBITED COVERAGE — TRADE OR or is committed subsequent to the signing of ECONOMIC SANCTIONS that contract or agreement by you. We will provide coverage for any loss, or 2. This insurance is still excess over any valid and otherwise will provide any benefit, only to the collectible "other insurance", whether primary, extent that providing such coverage or benefit excess, contingent or otherwise, which covers does not expose us or any of our affiliated or that person or organization as an additional parent companies to: insured or as any other insured that does not qualify as a named insured. 1. Any trade or economic sanction under any law or regulation of the United States of America; N. PREMIUM or 1. The first Named Insured shown in the 2. Any other applicable trade or economic Declarations is responsible for the payment of sanction, prohibition or restriction. all premiums and will be the payee for any R. REPRESENTATIONS return premiums. 2. If the premium is a flat charge, it is not subject By accepting this insurance, you agree: to adjustment except as provided in Paragraph 1. The statements in the Declarations and any 4. below. subsequent notice relating to "underlying 3. If the premium is other than a flat charge, it is insurance" are accurate and complete; an advance premium only. The earned 2. Those statements are based upon premium will be computed at the end of the representations you made to us; and policy period, or at the end of each year of the 3. We have issued this insurance in reliance policy period if the policy period is two years or upon your representations. longer, at the rate shown in the Declarations, S. SEPARATION OF INSUREDS subject to the Minimum Premium. Except with respect to the Limits of Insurance, 4. Additional premium may become payable when and any rights or duties specifically assigned in coverage is provided for additional insureds this policy to the first Named Insured shown in the under the provisions of SECTION II — WHO IS Declarations, this insurance applies: AN INSURED. 1. As if each Named Insured were the only O. PREMIUM AUDIT Named Insured; and The premium for this policy is the amount stated in 2. Separately to each insured against whom Item S. of the Declarations. The premium is a flat claim is made or"suit" is brought. charge unless it is specified in the Declarations as T. WAIVER OR TRANSFER OF RIGHTS OF adjustable. RECOVERY AGAINST OTHERS TO US P. PROHIBITED COVERAGE — UNLICENSED 1. If the insured has rights to recover all or part INSURANCE of any payment we have made under this 1. With respect to loss sustained by any insured in insurance, those rights are transferred to us a country or jurisdiction in which we are not and the insured must do nothing after loss to licensed to provide this insurance, this impair them. At our request, the insured will insurance does not apply to the extent that bring suit or transfer those rights to us and insuring such loss would violate the laws or help us, and with respect to Coverage A, the regulations of such country or jurisdiction. "underlying insurer", enforce them. 2. We do not assume responsibility for: If the insured has agreed in a contract or a. The payment of any fine, fee, penalty or agreement to waive that insured's right of other charge that may be imposed on any recovery against any person or organization, we waive our right of recovery against that person or organization in any country or person or organization, but only for payments jurisdiction because we are not licensed to we make because of an "event" that takes place or is committed subsequent to the EU 00 01 07 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 15 of 22 UMBRELLA execution of that contract or agreement by such SECTION VI —DEFINITIONS insured. A. With respect to all coverages of this insurance: 2. Reimbursement of any amount recovered will 1. "Applicable underlying limit" means the sum of: be made in the following order: a. First, to any person or organization a. The applicable limit of insurance stated (including us or the insured) who has paid for the policies of underlying insurance any amount in excess of the applicable limit in the Schedule Of Underlying Insurance of insurance; subject to the provisions in Paragraphs 4.a.(1), (2) and (3) of COVERAGE A — b. Next, to us; and EXCESS FOLLOW-FORM LIABILITY of c. Then, to any person or organization SECTION I —COVERAGES; and (including the insured and with respect to b. The applicable limit of insurance of any Coverage A, the "underlying insurer") that "other insurance" that applies. is entitled to claim the remainder, if any. The limits of insurance in any policy of 3. Expenses incurred in the process of recovery underlying insurance will apply even if: will be divided among all persons or organizations receiving amounts recovered a. The "underlying insurer" claims the according to the ratio of their respective insured failed to comply with any term or recoveries. condition of the policy; or U. TRANSFER OF YOUR RIGHTS AND DUTIES b. The "underlying insurer" becomes UNDER THIS INSURANCE bankrupt or insolvent. 1. Your rights and duties under this insurance may 2. "Auto hazard" means all "bodily injury" and not be transferred without our written consent "property damage" to which liability insurance except in the case of death of an individual afforded under an auto policy of "underlying Named Insured. insurance" would apply but for the exhaustion 2. If you die, your rights and duties will be of its applicable limits of insurance. transferred to your legal representative but only 3. "Electronic data" means information, facts or while acting within the scope of duties as your programs stored as or on, created or used on, legal representative. Until your legal or transmitted to or from computer software representative is appointed, anyone having (including systems and applications software), proper temporary custody of your property will hard or floppy disks, CD-ROMs, tapes, drives, have your rights and duties but only with cells, data processing devices or any other respect to that property. media which are used with electronically V. UNINTENTIONAL OMISSION OR ERROR controlled equipment. The unintentional omission of, or unintentional error 4. "Event" means an "occurrence", offense, in, any information provided by you which we relied accident, act, error, omission, wrongful act or upon in issuing this policy will not prejudice your loss. rights under this insurance. However, this provision 5. "Extended reporting period" means any period does not affect our right to collect additional of time, starting with the end of the policy premium or to exercise our rights of cancellation or period of your claims-made insurance, during nonrenewal in accordance with applicable which claims or "suits" may be first made, insurance laws or regulations. brought or reported for that insurance. W. WHEN LOSS IS PAYABLE 6. "Medical expenses" means expenses to If we are liable under this insurance, we will pay for which any Medical Payments section of any injury, damage or loss after: policy of Commercial General Liability 1. The insured's liability is established by: "underlying insurance" applies. a. A court decision; or 7. "Other insurance" means insurance, or the b. A written agreement between the claimant, funding of losses, that is provided by, through or on behalf of: the insured, any "underlying insurer" and us; and a. Another insurance company; 2. The amount of the "applicable underlying limit" b. Us or any of our affiliated insurance or "self-insured retention" is paid by or on companies; behalf of the insured. c. Any risk retention group; Page 16 of 22 ©2016 The Travelers Indemnity Company.All rights reserved. EU 00 01 07 16 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 5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us plies only to the person or organization desig- We waive any right of recovery we may have nated in such contract. against any person or organization to the extent 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. 6803J385690 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 injury 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" applies, 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: omissions of such person or organization; or The insurance provided to the additional insured d. For "bodily injury", "property damage" or is excess over any valid and collectible other "personal injury" for which such person or insurance, whether primary, excess, contingent or 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 rendering of or failure to render any (1) The "bodily injury" or "property damage" for "professional services". which coverage is sought occurs; and In the event that the Limits of Insurance of the (2) The "personal injury" for which coverage is g 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 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. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission