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HomeMy WebLinkAboutCAG2024-201 - Original - Fenagh, Inc. - On-Call Construction Testing & Special Inspections - 04/29/2024 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: r� Agreement Routing Form Dir Asst: RL. • For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (optional) W A 5 H I N G T O N Originator: Department: KateLynn Jennings for Bryan Higgins Parks,Recreation&Community Services Date Sent: Date Required: > 04/18/2024 4/25/2024 0 Q Authorized to Sign: Date of Council Approval: Q [ZDirector or Designee Mayor N/A Budget Account Number: Grant? Yes❑✓ No P20410 Budget?w]Yes:No Type: N/A Vendor Name: Category: Fenagh Engineering&Testing Contract Vendor Number: Sub-Category: 2547092 Original Project Name: On Call Testing Services E i 0 Consultant shall provide construction testing&special inspections on task order basis for 2 calendar years C Project Details: a.+ C N Agreement Amount: $20,000 Basis for Selection of Contractor: E Other W *Memo to Mayor must be attached 3 Start Date: April 2024 Termination Date: 03/31/2026 Q Local Business?1Z Yes FNo* If meets requirements per KCC3.70.700,pleosecomplete"VendorPurchase-Locol Exceptions"form onCityspoce. Business License Verification:Yes Wiln-Process ElExempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: FYesONo CAG2024-201 Comments: ai 4/29/24 - received in City Clerk's Office - M.M. c +.• n 30 a, N > i Date Received by City Attorney: N/A R p� Date Routed to the Mayor's Office: N/A i7A Date Routed to the City Clerk's Office: adccW22313_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20200218 KENT W-1-T.. CONSULTANT SERVICES AGREEMENT between the City of Kent and Fenagh, Inc. DBA Fenagh Engineering and Testing THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Fenagh Engineering and Testing organized under the laws of the State of Nevada, located and doing business at 2118 Rheem Drive, Pleasanton, CA 94588 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: As described in the attached Exhibit A, incorporated herein, consultant shall provide materials testing and special inspections on a task order basis. Task orders will include a variety of materials and locations as directed by Parks Planning & Development staff. Once executed, each task order shall become a part of this agreement incorporated herein. The Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the work described in Section I by March 31, 2024. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $20,000, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Consultant. If the Consultant voluntarily participates in this Program, the Consultant will be solely responsible CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which the Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of the Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. FORCE MA)EURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ('force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. VII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Consultant shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and the Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then the Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. The Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing_Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior CONSULTANT SERVICES AGREEMENT - 5 ($20,000 or Less) to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF KENT: 91chard Feller 3 By: RiCharr{Feller(Apr 22,202415.12 PRT) By:Rrian I avanhagpn r2Q,7n ) Print Name: Richard Feller Print Name: Brian Levenhagen Its:President Its: Parks, Recreation,and Community Svcs Deputy Director DATE: 4-22-24 DATE: 4/29/2024 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Christina Douglas Bryan Higgins Fenagh Engineering &Testing City of Kent 22016 68th Ave South 220 Fourth Avenue South Kent, WA 98032 Kent, WA 98032 (253) 656-7776 (telephone) (253) 856-5113 (telephone) cdouglas@fenaghengineering.com email bhiggins@kentwa.gov (email) ATTEST: Kent City Clerk [In this field,you may enter the electronic filepath where the contract has been saved] CONSULTANT SERVICES AGREEMENT - 6 ($20,000 or Less) DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: • 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); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement. The statements are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement I, the prime contractor, will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. 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: EEO COMPLIANCE DOCUMENTS - 1 A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. 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. C. 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. D. Information and Reports: The contractor will provide all information and reports required by the Acts and 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 applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and 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 City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation 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. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, EEO COMPLIANCE DOCUMENTS - 2 or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: i. 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. ii. 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); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. 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; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. 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); vii. 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); viii. 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; ix. 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); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-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; EEO COMPLIANCE DOCUMENTS - 3 xi. 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); xii. 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). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. Ri6l7&jrd f7elIff By:Richard Feller(Apr 22,202415:12 PDT) For: Fenagh Engineering and Testing Title: President Date: 4-22-2024 EEO COMPLIANCE DOCUMENTS - 4 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor POLICY: Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 5 Exhibit A FENAGH Letter of Interest ENGINEERING AND TESTING February 12, 2024 Bryan Higgins City of Kent 220 Fourth Avenue South Kent, WA 98032 Subject: Request for Qualifications Special Inspections and Materials Testing Services Fenagh Engineering and Testing Proposal No. FP4928 Fenagh Engineering and Testing is pleased to submit our qualifications to the City of Kent. As a choice service provider, the City of Kent can depend on our focused dedication and commitment to ensuring the success of each project. It is our intention to ensure that your projects are constructed in compliance with all applicable regulations, approved project plans, and project specifications. Point of Contact Heath Defoor, P.E. 22016 68th Ave S. Kent, WA 98032 (256) 606-0005 HDefoor(@fenaghenizineering.com Approach and Unparalleled Services •The Fenagh Difference. Fenagh sets itself apart by always striving to exceed the expectations of each of our clients. We are committed to working closely to identify the means to meet the specific needs of the City of Kent. •ELAS. Fenagh's proprietary cloud-based project management and reporting system, ELAS, gives our clients real-time access to Daily Field Reports (DFR's), Engineering reports, laboratory results, and more. Let our investment work to your teams advantage. A demonstration is available upon request. •AASHTO-Accepted Testing Laboratory. All required testing for the City of Kent projects would be conducted at our full-service, AASHTO accredited laboratory located in Kent, WA. Respectfully Submitted Fenagh Engineering and Testing D� 0" 13�A Heath Defoor, P.E. Christina Douglas Principal in Charge Director of Client Services 22016 68th Ave South,Kent,WA 980321 Phone:(256)606-0005 www.fenaghengineering.com FENAGH INSPECTING TESTING E3ENGINEERING ENGINEERING AND TESTING FEE SCHEDULE PERSONNEL FEES AND BASIS OF CHARGES INSPECTIONS, ENGINEERING&SPECIAL SERVICES Standard "FIELD INSPECTION SERVICES Rate/Hour Expansion/Screw Anchor-Install Observation $74.00 Epox Rebar/Bolts-Install Observation $74.00 Concrete ACI Sampling $74.00 Batch Plant Inspection $74.00 Concrete ICC/ACI-II(Rebar/Placement) $74.00 Concrete PT $74.00 Masonry $74.00 Fireproofing(Thickness/Density) $74.00 Steel Visual Welding $74.00 Steel Visual Bolting $74.00 Nondestructive-UT,MT,PT $74.00 Steel Visual/NDT Combination $74.00 Firestopping/Fire-safing $77.00 Soil Technician w/Nuclear Gauge and/or Sand Cone(portal-to-portal) $74.00 Asphalt Technician w/Nuclear Gauge(portal-to-portal) $74.00 Roofing&Weatherproofing/Waterproofing $90.00 Structural Wood/CFS Framing $74.00 Shotcrete $74.00 Fiber Reinforced Polymer(FRP) $104.00 Lead/Multi-Disciplined Inspector $74.00 Specialty Inspector where certification not above is required $74.00 Quality Control Manager $100.00 ASNT Level III $100.00 Laboratory Technician/Sample Runner $74.00 Project Coordinator $100.00 Technician Typist $60.00 -PROFESSIONAL SERVICES Principal Engineer(Civil/Structural) $247.00 Geotechnical Engineer $225.00 Consulting Engineer(Envelope) $225.00 Associate Engineer,Licensed $225.00 Project Manager $107.00 Staff Engineer $104.00 Field Supervisor $77.00 SPECIAL SERVICES Floor Flatness Testing FF/FL-Per Hour $104.00 Floor Flatess Equipment Fee per Day $100.00 Field inspection services will be billed in accordance with minimums shown on Basis of Charges. LAB TESTS Standard CONCRETE National Standard Rate/Each Compressive Strength of Cylindrical Concrete Specimens(4x8,6x12) ASTM C39 $17.00 Compressive Strength of Grout Specimens ASTM C39 $17.00 Obtaining and Testing Sawed Beams and Drilled Cores of Concrete(cores) ASTM C42 $150.00 Shotcrete Panel(Include 4 cores) ASTM C1140 $120.00 Splitting Tensile Strength of Cylindrical Concrete Specimens ASTM C496 $250.00 MASONRY Compressive Testing of Grout(Masonry) ASTM C1019 $35.00 Compressive Strength of Masonry Prisms ASTM C1314 $120.00 Testing Concrete Masonry Units and Related Units(Core Compression) CBC 2105A.4 $45.00 Compressive Strength of Molded Masonry Mortar Cylinders and Cubes(2"Sample) ASTM C780 A7.6 $35.00 Testing Concrete Masonry Units(Absorption,Moisture Content,Unit Weight) ASTM C140 $50.00 AGGREGATES(SOILS AND CONCRETE) Determining Sieve Analysis of Fine and Coarse Aggregates(Coarse Only) ASTM C136 $125.00 Sieve Analysis of Fine and Coarse Aggregates(Fine Only) ASTM C136 $125.00 Sieve Analysis of Fine and Coarse Aggregates(Wash Included) ASTM C117 $200.00 AAfees subject to Basis of Charges FENAGH INSPECTING TESTING E3ENGINEERING ENGINEERING AND TESTING Sieve Analysis of Fine and Coarse Aggregates(200 Wash Only) ASTM C117 $150.00 Unit Weight of Aggregate $45.00 Clay Lumps and Friable Particles in Aggregates ASTM C142 $90.00 Flat Particles,Elongated Particles or Flat and Elongated Particles in Coarse Aggregate ASTM D4791 $90.00 Organic Impurities in Fine Aggregates for Concrete ASTM C40 $45.00 Density,Relative Density(Specific Gravity),and Absorption of Coarse Aggregate ASTM C127 $55.00 Density,Relative Density(Specific Gravity),and Absorption of Fine Aggregate ASTM C128 $85.00 Resistance of Degradation of Small Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine ASTM C131 $200.00 Percentage of Crushed Particles/Standard Test Method for Determining the Percentage of Fractured Particles in Coarse Aggregate ASTM D5821 $250.00 Uncompacted Void Content of Fine Aggregate(as Influenced by Particle Shape,Surface Texture,and $125.00 Grading) ASTM C1252/AASHTO T304A Sand Equivalent Value of Soils and Fine Aggregate ASTM D2419 $80.00 Lightweight Particles in Aggregate ASTM C123/AASHTO T113 QOR *Unusual sample preparation for brick specimen will be charged at the established hourly rate. Standard SOILS National Code Rate/Each Resistivity and pH Measurements of Soil and Water $200.00 Determining Field and Laboratory Resistivity and pH Measurements for Soil and Water $200.00 Soils and Waters for Sulfate Content $150.00 Soils and Waters for Chloride Content $150.00 Swell Test Under 60psf Surcharge(per SNV Amendments to IBC) ASTM D2435(Modified) $175.00 Particle-Size Analysis of Soils(with Hydrometer) ASTM D422 $250.00 Standard Test Method for Particle-Size Analysis of Soils(without Hydrometer) ASTM D422 $200.00 Liquid Limit,Plastic Limit,and Plasticity Index of Soils ASTM D4318 $120.00 Laboratory Compaction Characteristics of Soil Using Modified/Standard Effort ASTM D1557/D698 $175.00 pH of Soils ASTM D4972 $50.00 Determining the Resistance"R"Value of Treated and Untreated Bases,Subbases,and Basement Soils $400.00 by the Stabilometer ASTM D2844 Laboratory Determination of Water(*moisture)Content of Soil and Rock by Mass ASTM D2216 $30.00 Density of Soil in Place by the Drive-Cylinder Method ASTM D2937 $125.00 Expansion Index of Soils ASTM D4829 $375.00 Hydraulic Conductivity of Saturated Porous Materials Using a Flexible Wall Permeameter(Permeability) ASTM D5084 $450.00 Maximum Index Density and Unit Weight of Soils Using a Vibratory Table ASTM D4253 $300.00 Minimum Index Density and Unit Weight of Soils and Calculation of Relative Density ASTM D4254 $300.00 Density of Hydraulic Cement ASTM C188 $275.00 Universal Soil Classification System(USCS)Test ASTM D2487 $350.00 California Bearing Ratio Test ASTM D1883 $350.00 Unconfined Compressive Strength of Cohesive Soil ASTM D2166 $250.00 ASPHALT National Code Bulk Specific Gravity and Density of Compacted Bituminous Mixtures(LTMD) ASTM D1188 and D2726 $100.00 Indirect Tensile(IDT)Strength of Bituminous Mixtures(TSR) ASTM D6931 QOR Mechanical Size Analysis(Coarse and Fine)of Extracted Aggregate ASTM D5444 $150.00 Marshall Stability and Flow of Bituminous Mixtures ASTM D6927 $350.00 Theoretical Maximum Specific Gravity and Density(Rice) ASTM D2041 $100.00 Preparation of HMA Superpave Gyratory Compaction AASHTO T312 $450.00 Determination of Voids in Compacted Bituminous Mixtures $100.00 Determination of Asphalt Content of Bituminous Paving Mixtures by the Ignition Method ASTM D6307 $160.00 Determination of Asphalt Binder Content of Asphaltic Concrete Mixtures(RAP)by the Ignition Method $350.00 Determination of Correction Factor of Bituminous Paving Mixtures by the Ignition Method ASTM D6307 $350.00 Compressive Strength of Bituminous Mixtures ASTM D1074 $250.00 *Unusual sample preparation(dried clays,saturated clays,etc.)and all other tests for treated or untreated soils,aggregate subbase and aggregate base will be charged at established rates for laboratory technician. **Does not include sample preparation or sieve analysis Standard METALS MATERIALS MECHANICAL TESTS National Code Rate/Each Mechanical Testing of Steel Products(General Tensile) ASTM A370 $150.00 Fillet Weld Break Test for Qualification(Welding) AWS B4.0 $80.00 Tension Testing of Metallic Materials(Welding Coupon Tensile) ASTM E8,B557 and AWS B4.0 $80.00 Mechanical Testing of Steel Products(Couplers) ASTM A370 $150.00 Mechanical Testing of Steel Products&Bend Testing of Material for Ductility;#348 ASTM A370 and E290 $250.00 Mechanical Testing of Steel Products&Bend Testing of Material for Ductility;#9411 ASTM A370 and E290 $300.00 Mechanical Testing of Steel Products&Bend Testing of Material for Ductility;#14+ ASTM A370 and E290 QOR Mechanical Testing of Steel Products,Standard Specification for Steel Wire,Plain,for Concrete $150.00 Reinforcement ASTM A370,A82 and A185 Guided Bend Test for Ductility of Welds,Mechanical Testing of Welds ASTM E190 and AWS B4.0 $150.00 Determining the Mechanical Properties of Externally and Internally Threaded Fasteners,Anchor Bolts $250.00 Only(Tension and Yield) ASTM F307,F1554 and F606 Rockwell Hardness of Metallic Materials ASTM E18 $100.00 All fees subject to Basis of Charges FENAGH INSPECTING TESTING E3ENGINEERING ENGINEERING AND TESTING Proof Test for Carbon and Alloy Steel(Nuts Only) ASTM Al94 or A563 $200.00 Radiographic Examination of Metallic Castings/Weldments ASTM E94,E1030 and E1032 QOR Macroetching Metals and Alloys ASTM E340,E381 and AWS $100.00 Determining the Mechanical Properties of Externally and Internally Threaded Fasteners,Washers,Direct Tension Indicators,and Rivets(HSB Assemblies) ASTM F606 $250.00 Mechanical Testing of Steel Products(Terminators Tensile) ASTM A370 $250.00 Steel Strand,Uncoated Seven-Wire for Prestressed Concrete ASTM A416 and A1061 $150.00 FIREPROOFING Lab Density of Sprayed Fire-Resistive Material(SFRM) ASTM E605 $40.00 Cohesion/Adhesion of Sprayed Fire-Resistive Materials(Test Kit Only) ASTM E736 $100.00 BASIS OF CHARGES GENERAL Fees for tests and inspection include cost of technician,normal equipment and regular reports.Engineering services other than supervisory will be charged at applicable rates.For engineers,consultants,supervisors,and laboratory technicians traveling to a jobsite,standard federal rate per mile will be charged portal-to-portal for all projects.Fees for special projects,services overseas,or elsewhere in the United States,will be quoted on request.With prior notification to Client;charges are subject to change at any time.Fenagh reserves the right to adjust the rates quoted in this contract based upon any CPI/state mandated increases and/or changes in any industry requirements. MINIMUM HOURLY CHARGES—INSPECTION One-half day or less 4 Hours Show-up time(less than 2 hours notice=4 hour charge) 2 Hours WORKING HOURS AND PREMIUM TIME Regular workday is the first 8 hours between 7:00 am and 5:00 pm Monday through Friday.Premium time is as follows: Overtime,Weekdays and Saturdays(first 8 hours) 1.5 x quoted hourly rate Overtime Saturdays(over 8 hours)and Sundays(first 8 hours) 1.5 x quoted hourly rate Overtime Sundays(over 8 hours)and Holidays 2 x quoted hourly rate MISCELLANEOUS CHARGES-Only Where Applicable Notary Services Fee $25.00/each Parking Fees At Cost Trip Charge $24.00/each TESTS Testing fees shown include normal time for performing test.Samples requiring special preparation will be charged at the laboratory technician rate.Fees for tests not listed will be quoted upon request.There will be a minimum charge of$100.00 for any engineering report.Please note some tests maybe tested by sub consultants. Samples delivered to the laboratory after 3:00pm or samples needing results within 24 hours will incur a 50%mark-up. LIMIT OF LIABILITY The total liability of Fenagh,LLC is limited to the contract dollar value. INSURANCE For the waiver of subrogation if required by client,a 3%Fenagh administrative fee will be added to all gross billings/revenue in addition to the 3%Project Management PAYMENT Invoices will be submitted monthly for services performed during the preceding month and are payable on receipt.Interest of 1.5%per month(but not exceeding the maximum rate allowable by law)will be payable on any amounts not paid within 30 days,payment thereafter to be applied first to accrued interest and then to the principle unpaid amount.Attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by client.Visa,MasterCard and American Express payments are accepted however fees will apply.Visa and MasterCard payments require an additional 3%on top of the amount of the invoice being paid.American Express payments require an additional 4%on top of the amount of the invoice being paid. All fees subject to Basis of Charges Exhibit B Insurance Requirements Insurance Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this Agreement. This form of insurance will be acceptable if all the Primary and Umbrella or Excess Policies shall provide all the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. Automobile Liability insurance providing bodily injury and property damage liability coverage for all automobiles/vehicles used in the performance of this Agreement. This coverage must be on a primary and non-contributory basis only. Coverage shall be written on ISO form CA 00 01, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Professional Liability or Errors & Omissions insurance appropriate to the Consultant's profession. Workers' Compensation coverage for the employees of Consultant and subcontractors as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: Commercial General Liability insurance shall be written with limits no less than $1,000,000 per occurrence, $2,000,000 general aggregate and $2,000,000 products-completed operations aggregate limit. Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 Waiver of Subrogation Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence. Professional Liability or Errors & Omissions insurance shall be written with limits no less than $1,000,000 per occurrence, $2,000,000 general aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. The above policy limits may be obtained with excess liability (umbrella) insurance. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Consultant's insurance policies and shall not contribute to the Consultant's insurance policies. 2. Consultant's insurer must deliver or mail written notice of cancellation to the named insured at least forty-five (45) days before the effective date of the cancellation. The Consultant's insurance policy shall include an endorsement that provides the City with written notice of cancellation forty-five (45) days before the effective date of the cancellation. If Consultant's insurer fails to provide the City with a copy of the notice of cancellation endorsement, the Consultant must notify the City of any cancellation, nonrenewal or termination within two (2) business days of their receipt of such notice. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) with respect to work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claims are made or suit is brought, except with respect to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. The City waives no rights, and the Consultant is not excused from performance if Consultant fails to provide the City with a copy of the endorsement naming the City as a Primary Non-Contributory Additional Insured. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the same insurance requirements as stated herein for the Consultant. A!'��0 DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 2/20/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to 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 Ken Noden, CPCU NAME: Wigmore Insurance Agency Inc. PAHic NN Ext: (714)979-6543 FAX, (AIC NU: (719)599-2993 880 W. 19th St. E-MAIL ADDRESS: commercial@wigmoreins.com License #0811959 INSURERS AFFORDING COVERAGE NAIC# Costa Mesa CA 92627 INSURER A:RLI Insurance Company 13056 INSURED INSURER B:Admiral Insurance Company 24856 Fenagh, Inc. INSURERC: DBA: Fenagh Engineering and Testing INSURER D: 2118 Rheem Drive INSURER E: Pleasanton CA 94588 INSURER F: COVERAGES CERTIFICATE NUMBER:23/24 ALL LINES 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 LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A CLAIMS-MADE � PREMISESS (Ea occurrence $ OCCUR ERENTED 1,000,000 PREMI X Y PSB0006543 9/16/2023 9/16/2024 MED EXP(Any one person) $ 10,000 PERSONAL &ADV INJURY $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY 1 PEA ❑ LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident A X ANYAUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED X y PSA0002296 9/16/2023 9/16/2024 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PSA0004010 9/16/2023 9/16/2024 PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 5,000,000 A X EXCESS LAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION $ X Y PSE0002833 9/16/2023 9/16/2024 r $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? Y❑ A (Mandatory in NH) y PSW0003699 9/16/2023 9/16/2024 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 B Professional & Pollution E0000026714-10 9/16/2023 9/16/2024 Each Claim Limit $5,000,000 Liability Aggregate Limit $5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED (GENERAL LIABILITY) PER BLANKET ADDITIONAL INSURED ENDORSEMENT FORM PPB 304 02 12 - THIS ENDORSEMENT INCLUDES PRIMARY AND NON-CONTRIBUTORY AND WAIVER OF SUBROGATION LANGUAGE WHEN REQUIRED BY CONTRACT. CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED (AUTOMOBILE LIABILITY) PER BUSINESS AUTO ENHANCEMENT FORM PPA 300 03 13 - THIS ENDORSEMENT INCLUDES PRIMARY AND NON-CONTRIBUTORY AND WAIVER OF SUBROGATION LANGUAGE WHEN REQUIRED BY CONTRACT. WORKERS COMPENSATION POLICY INCLUDES BLANKET WAIVER OF SUBROGATION WHEN REQUIRED BY CONTRACT PER FORM WC 00 03 13 (Ed. 4-84) OR PER FORM WC 42 03 04 B (Ed. 6-14) OR PER FORM WC 04 03 06 (Ed. 4-84) . WORKERS COMPENSATION CERTIFICATE HOLDER CANCELLATION bhiggins@KentWA.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 220 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent, WA 98032 AUTHORIZED REPRESENTATIVE Timothy Wigmore/K140 J A ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) COMMENTS/REMARKS Job Description: On-Call Special Inspections and Materials Testing Contract OFREMARK COPYRIGHT 2000, AMS SERVICES INC. COMMENTS/REMARKS COVERAGE INCLUDES LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT COVERAGE ENDORSEMENT WC 00 01 06 A (Ed. 4-92) OFREMARK COPYRIGHT 2000, AMS SERVICES INC. Policy Number: PSB0006543 RLI Insurance Company Named Insured:Fenagh, LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM-SECTION II—LIABILITY 1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, injury", "property damage" or "personal and and we will not share with that other insurance, advertising injury" caused in whole or in part by you provided that: or those acting on your behalf: a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement; or to you; or b. The "personal and advertising injury" for which c. In connection with "your work" and included coverage is sought arises out of an offense within the "product-completed operations committed after you have entered into that hazard". contract or agreement. 2. The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. this endorsement is limited as follows: Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION 11 — any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may have another endorsement to this policy. against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or"personal and advertising injury' arising services". out of "your work" performed by you, or on your c. This endorsement does not increase any of the behalf, under a contract or agreement with that limits of insurance stated in D. Liability And person or organization. We waive these rights only Medical Expenses Limits of Insurance. where you have agreed to do so as part of a contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance — COMMON POLICY CONDITIONS injury" or"property damage"occurs, or the"personal (BUT APPLICABLE ONLY TO SECTION II — and advertising injury"offense is committed. LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 Policy Number. PSA0002296& PSA0004010 RLI Insurance Company Named Insured:Fenagh,LLC THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. RLIPace BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds C. Blanket Additional Insured D. Blanket Waiver Of Subrogation E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair—Waiver Of Deductible 1. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage—Loss Of Use L. Hired Car—Worldwide Coverage M. Temporary Transportation Expenses N. Amended Bodily Injury Definition—Mental Anguish O. Airbag Coverage P. Amended Insured Contract Definition—Railroad Easement Q. Coverage Extensions—Audio,Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage PPA 300 0313 Page 1 of 5 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured of the operations contemplated by such contract.The The following is added to the SECTION II — waiver applies only to the person or organization COVERED AUTOS LIABILITY COVERAGE, Para- designated in such contract. graph A.I.Who is An insured Provision: E. Employee Hired Autos Any business entity newly acquired or formed by you 1. The following Is added to the SECTION II — during the policy period, provided you own fifty COVERED AUTOS LIABILITY COVERAGE, percent(50%)or more of the business entity and the Paragraph A.I.Who is An Insured Provision: business entity is not separately insured for Bus-iness An "employee" of yours is an "Insured" while Auto Coverage. Coverage Is extended up to a maximum of one hundred eighty(180)days following operating an "autop hired or rented under a the acquisition or formation of the business entity. contract or agreement in that employees name, with your permission, while performing duties This provision does not apply to any person or related to the conduct of your business. organization for which coverage is excluded by 2. Changes In General Conditions: endorsement B. Employees As Insureds Paragraph 5.b. of the Other Insurance Con- dition In the BUSINESS AUTO CONDITIONS is The following is added to the SECTION II — deleted and replaced with the following: COVERED AUTOS LIABILITY COVERAGE, Para- b. For Hired Auto Physical Damage Coverage, graph A.I.Who Is An Insured Provision: the following are deemed to be covered Any"employee°of yours is an"insured"while using a "autos"you own: covered"auto'you don't own, hire or borrow in your (1) Any covered "auto'you lease, hire, rent business or your personal affairs. or borrow;and C. Blanket Additlonal Insured (2) Any covered "auto" hired or rented by The following Is added to the SECTION 11 — your"employee under a contract in that COVERED AUTOS LIABILITY COVERAGE, Para- Individual "employee's" name, with your graph A.I.Who Is An Insured Provision: permission, while perrorming duties Any person or organization that you are required to related to the conduct of your business. Include as an additional insured on this coverage form However,any auto that Is leased,hired, In a contract or agreement that Is executed by you rented or borrowed with a driver is not a before the"bodily injuryp or"property damage"occurs covered "auto . Is an "Insured" for liability coverage, but only for F. Fellow Employee Coverage damages to which this Insurance applies and only to SECTION 11 — COVERED AUTOS LIABILITY the extent that person or organization qualifies as an COVERAGE, Exclusion B.S. does not apply if you "Insured" under the Who Is An Insured provision have workers compensation insurance in-force contained in SECTION 11 — COVERED AUTOS covering all of your employees. LIABILITY COVERAGE. The insurance provided to the additional Insured will G. Auto Loan Lease Gap Coverage be on a primary and non-contributory basis to the SECTION III — PHYSICAL DAMAGE COVERAGE, additional insured's own business auto coverage if C.Limit Of Insurance,is amended by the addition of you are required to do so in a contract or agreement the following: that is executed by you before the "bodily injury" or In the event of a total"loss"to a covered"auto"shown "property damage"occurs. in the Schedule of Declarations, we will pay any D. Blanket Waiver Of Subrogation unpaid amount due on the lease or loan for a covered auto",less: The following Is added to the SECTION !V—BUSI- 1. The amount paid under the PHYSICAL NESS AUTO CONDITIONS,A.Loss Conditions,S. DAMAGE COVERAGE section of the policy;and Transfer Of Rights Of Recovery Against Others To Us: 2. Any: We waive any right of recovery we may have against a. Overdue lease/loan payments at the time of any person or organization to the extent required of the"loss"; you by a contract executed prior to any"accident"or "loss",provided that the"accident"or"loss"arises out PPA 300 0313 Page 2 of 5 b. Financial penalties imposed under a lease for (2) An adjustment for depreciation and physical excessive use, abnormal wear and tear or condition will be made in the event of a total high mileage. "loss". c. Security deposits not returned by the lessor; (3) If a repair or replacement results In better d. Costs for extended warranties, Credit Llfe than like kind or quality,we will not pay for the Insurance, Health, Accident or Disability betterment. Insurance purchased with the loan or lease; (4) A deductible equal to the highest Physical and Damage deductible applicable to any owned e. Carry-over balances from previous loans or auto will apply. leases. (5) This Coverage Extension will not apply to: H. Glass Repair—Waiver Of Deductible (a) Any "auto" that is hired, rented or SECTION III— PHYSICAL DAMAGE COVERAGE, borrowed with a driver,or D.Deductible is amended by adding the following: (b) Any "auto" that is hired, rented or No deductible for a covered"auto"will apply to glass borrowed from your"employee". damage if the glass Is repaired rather than replaced. K. Hired Auto Physical Damage—Loss Of Use I. Personal Effects Coverage The following is added to SECTION III—PHYSICAL The following is added to SECTION III—PHYSICAL DAMAGE COVERAGE, A. Coverage,4.Coverage DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions: Extensions: e. We will pay sums which you legally must pay to c. Personal Effects Coverage the lessor of a covered "auto" which you have leased without a driver for thirty(30)days or less In the event of a total theft loss of your covered for the lessor's loss of use of the covered"auto", "auto"we will pay up to$400 for"loss"to wearing provided: apparel and other personal effects which are: (1) This insurance provides comprehensive, (1) Owned by an"Insured";and specified causes of loss or collision covered (2) In or on your covered"auto"; on the covered"auto"; No deductible applies to Personal Effects (2) The loss of use results from the covered Coverage. "auto"being damaged in an"accident'while you are leasing it. J. Hired Auto Physical Damage Coverage We will pay up to a maximum rtmit of$1,500 for The following is added to SECTION III—PHYSICAL this covered extension. DAMAGE COVERAGE, A. Coverage,4. Coverage L. Hired Car—Worldwide Coverage Extensions: d. Hired Auto Physical Damage Coverage The following is added to SECTION II—COVERED AUTOS LIA131LITY COVERAGE, A.2. Coverage If hired "autos" are covered "autos" for Liability Extensions: Coverage and this policy also provides Physical E Hired Car—Worldwide Coverage Damage Coverage for an owned"auto",then the Physical Damage Coverage is extended to (1) We will pay all sums an"insured'legally must "autos"that you hire,rent or borrow subject to the pay as damages because of"bodily injury"or following: "property damage" to which this Insurance (1) The most we will pay for "loss" in any one applies, caused by an "accident" which to a hired, rented or borrowed "accident:' occurs outside of the United States of "auto"is the lesser of: America, the territories and possessions of the United States of America, Puerto Rico (a) $60,000 and Canada resulting from the maintenance, (b) The actual cash value of the damaged or or use of any covered "auto" of the private stolen property as of the time of the passenger type you lease, hire, rent or "loss";or borrow without a driver for thirty(30)days or less. (c) The cost of repairing or replacing the damaged or stolen property with other (2) With respect to any claim made or "suit'property of like kind and quality. instituted outside the Unified States of America, the territories and possessions of the United States of America, Puerto Rico, and Canada: PPA 300 03 13 Page 3 of 5 (a) You shall undertake the investigation, M. Temporary Transportation Expenses settlement and defense of such claims SECTION III — PHYSICAL DAMAGE COVERAGE, and "sub" and keep us advised of all A.4. Coverage Extensions, subparagraph a. proceedings and actions. Transportation Expenses is deleted and replaced (b) You will not make any settlement without by the following: our consent. a. Transportation Expenses (c) We will reimburse you: (1) We will pay up to a maximum of$1,500 for (n For the amount of damages be- temporary transportation expense Incurred cause of liability imposed upon you by you because of Physical Damage to a by law on account of"bodily injury"or covered"auto". "property damage" to which this Insurance applies,and (2) We will pay only for those covered"autos'for i For all reasonable expenses incurred which you carry Comprehensive,Colli-slon or (� p with our consent in connection with Specified Case of Loss Coverage. the investigation, settlement or (3) We will pay only for those expenses incurred defense of such claims or "suits". by you during the period of time that begins Reimbursement for expenses will be twenty-four (24) hours after the covered part of the Limit of Insurance for "loss"and ends at the time when the covered liability coverage shown In the "auto" can be reasonable repaired or Business Auto Coverage replaced. Declarations, and not In addition to (4) This coverage does not apply while there are such limits. spare or reserve"autos"available to you for (3) The limit of Insurance for Liability Coverage your operations. shown In the Business Auto Coverage Declarations is the most we will reimburse N. Amended Bodily Injury Definition — Mental you for the sum of all damages imposed on Anguish you,as set forth In paragraph 2.c.above,and The following is added to SECTION V — all expenses incurred by you arising out of DEFINITIONS,Definition C.: any single"accident'or"foss". 4 You must maintain the rester of the follow- "Bodily Injury"also includes mental anguish,but only ( ) g when the mental anguish arises from other bodily Ing primary auto liability insurance limits: injury,sickness or disease. (a) Compulsory admitted insurance with O, Airbag Coverage limits required to be In force to satisfy the legal requirements of the jurisdiction The following is added to SECTION lit—PHYSICAL where the accident occurs;or DAMAGE COVERAGE B.Exclusions 3.a.: (b) Insurance limits required by law and However, this exclusion will not apply to accidental issued by a government entity or by an discharge of an alrbag due to mechanical or electrical Insurer licensed or permitted by law to do breakdown. business in the jurisdiction where the "accident'occurs;or P. Amended Insured Contract Definition—Railroad Easement (c) Auto liability insurance limits of at least $300,000 combined single limit or SECTION V—DEFINITIONS paragraph H. "Insured $100,000 per person/$300,000 per acci- contact"is modified as follows: dent Bodily Injury, $100,000 Property 1. Paragraph H.3.is replaced by the following: Damage. If you fail to comply with the above, this 3. Any easement or license agreement. insurance is not invalidated. However,in the 2. Paragraph H.6.a.is deleted. event of a"loss",we will pay only to the extent that we would have been liable had you so Q. Coverage Extensions — Audio, Visual And Data compiled. Electronic Equipment Not Designed Solely For The Production Of Sound (5) The insurance provided by this coverage extension Is excess over any other collec- SECTION III—PHYSICAL DAMAGE COVERAGE B. tible Insurance available to you whether on a Exclusions,exception paragraph a.to exclusion 4.c. primary, excess contingent or any other and 4.d.Is deleted and replaced with the following: basis. PPA 300 0313 Page 4 of 5 a. Equipment and accessories used with, such (2) A partner if you are a partnership;or equipment, except for tapes, records, discs or (3) An executive officer or insurance manager,if other electronic media device, provided such you are a corporation. equipment Is permanently Installed In the covered "auto" at the time of the "toss" or Is removable S. Unintentional Errors Or Omissions from the housing unit which Is permanently SECTION IV—BUSINESS AUTO CONDITIONS, B. Installed in the covered "auto"at the time of the General Conditions; 2. Concealment Misrepre- "loss", and such equipment is designed to be sentation Or Fraud is amended by adding the solely operated by use of the power from the following: "autos"electrical system, In or upon the covered "autos";or The unintentional omission of, or unintentional error R. Notice Of And Knowledge Of Occurrence in, any information given by you shall not prejudice your rights under this insurance. However this pro- SECTION IV — BUSINESS AUTO CONDITIONS, vision does not affect our right to coiled additional A.2. Duties In The Event Of Accident, Claim Suit premium or exercise our right of cancellation or Or Loss, subparagraph a. is deleted and replaced nonrenewal. with the following: T. Towing Coverage a. In the event of"accident", claim, "suit" or"loss", SECTION ill — PHYSICAL DAMAGE COVERAGE, you must give us or our authorized repre- A.2. Towing, Is deleted and replaced by the sentative prompt notice of the"accident'or"loss" following: Including: (1) How,when and where the"accident"or"toss" 2. We will pay up to$750 for towing and labor costs Incurred each time a covered auto is disabled occurred; due to a covered cause of loss.However. (2) The"insured'e name and address;and a. All labor must be performed at the place of (3) To the extent possible, the names and disablement;and addresses of any injured person and b. If the covered auto Is a private passenger witnesses. type no deductible applies;and Your duty to give us or our authorized c. If the covered auto Is not of the private representative prompt notice of the accident° or "loss"applies only when the"accident"or"loss"is passenger type our obligation to pay will be known to: reduced by a $250 deductible per disablement. (1) You,if you are an individual; ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPA 300 0313 Page 5 of 6 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description All persons or organizations that are party to a contract that Jobs performed for any person or organization that you requires you to obtain this agreement, provided you have agreed with in a written contract to provide this executed the contract before the loss. agreement. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 09-16-2023 Policy No. PSW0003699 Endorsement No. Insured Insurance Company Fenagh, LLC RLI Insurance Company Countersigned By ©1998 by the Workers'Compensation Insurance Rating Bureau of California.All rights reserved. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization that you have agreed with in a written contract to provide this agreement. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 09-16-2023 Policy No. Endorsement No. Insured PSW0003699 Premium 29312.63 Fenagh, LLC Insurance Company Countersigned by RLI Insurance Company WC 00 0313 (Ed.4-84) 01983 National Council on Compensation Insurance. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( )Specific Waiver Name of person or organization (X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: Services specified under such written contract 3. Premium: $2 The premium charge for this endorsement shall be 2.000 percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s) arising out of the operations described. 4. Advance Premium: $2 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 09-16-2023 Policy No. Endorsement No. Insured PSW0003699 Premium Included Fenagh, LLC Insurance Company Countersigned by RLI Insurance Company WC 42 03 04 B (Ed.6-14) 0 Copyright 2014 National Council on Compensation Insurance,Inc.All Rights Reserved. Signature: Z� Signature: ROtt4V L9S26I&V %- Terry Jun a (Apr 18,202414:23 PDT) Ronald Lashley Jr(Apr 19,202 11.07 PDT) Email: tjungman@kentwa.gov Email: parkscontracts@kentwa.gov Signature: McMe2sa Mccowlck Email: cityclerk@kentwa.gov PPD-Fenagh-On Call Testing-041824 Final Audit Report 2024-04-29 Created: 2024-04-18 By: KateLynn Jennings(kjennings@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAArU59BhoQif98GXEoDk4j8oKUSZD1wKIB "PPD-Fenagh-On Call Testing-041824" History Document created by KateLynn Jennings (kjennings@kentwa.gov) 2024-04-18-9:13:05 PM GMT-IP address: 146.129.252.126 Document emailed to Terry Jungman (tjungman@kentwa.gov) for signature 2024-04-18-9:21:07 PM GMT Email viewed by Terry Jungman (tjungman@kentwa.gov) 2024-04-18-9:23:39 PM GMT-IP address: 104.47.64.254 d4 Document e-signed by Terry Jungman (tjungman@kentwa.gov) Signature Date:2024-04-18-9:23:55 PM GMT-Time Source:server-IP address: 146.129.252.126 C'► Document emailed to Kent Parks (parkscontracts@kentwa.gov) for signature 2024-04-18-9:23:56 PM GMT Email viewed by Kent Parks (parkscontracts@kentwa.gov) 2024-04-19-6:00:24 PM GMT-IP address: 104.47.64.254 dp Signer Kent Parks (parkscontracts@kentwa.gov) entered name at signing as Ronald Lashley Jr 2024-04-19-6:07:44 PM GMT-IP address: 146.129.252.126 d4 Document e-signed by Ronald Lashley Jr(parkscontracts@kentwa.gov) Signature Date:2024-04-19-6:07:46 PM GMT-Time Source:server-IP address: 146.129.252.126 Document emailed to rfeller@fenaghengineering.com for signature 2024-04-19-6:07:48 PM GMT Email viewed by rfeller@fenaghengineering.com 2024-04-22-10:12:10 PM GMT-IP address: 104.47.73.126 Signer rfeller@fenaghengineering.com entered name at signing as Richard Feller 2024-04-22-10:12:54 PM GMT-IP address:24.253.20.63 Powered by Adobe ENT Acrobat Sign 650 Document e-signed by Richard Feller(rfeller@fenaghengineering.com) Signature Date:2024-04-22-10:12:56 PM GMT-Time Source:server-IP address:24.253.20.63 Document emailed to bjlevenhagen@kentwa.gov for signature 2024-04-22-10:12:58 PM GMT Email viewed by bjlevenhagen@kentwa.gov 2024-04-22-11:05:51 PM GMT-IP address: 104.47.64.254 Email viewed by bjlevenhagen@kentwa.gov 2024-04-29-3:51:20 PM GMT d Signer bjlevenhagen@kentwa.gov entered name at signing as Brian Levenhagen 2024-04-29-3:51:56 PM GMT da Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date:2024-04-29-3:51:58 PM GMT-Time Source:server Document emailed to Kim Komoto (kkomoto@kentwa.gov)for signature 2024-04-29-3:51:59 PM GMT Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2024-04-29-3:58:34 PM GMT Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date:2024-04-29-3:58:53 PM GMT-Time Source:server Document emailed to cityclerk@kentwa.gov for signature 2024-04-29-3:58:54 PM GMT Email viewed by cityclerk@kentwa.gov 2024-04-29-4:25:29 PM GMT da Signer cityclerk@kentwa.gov entered name at signing as Melissa McCormick 2024-04-29-4:56:45 PM GMT Document e-signed by Melissa McCormick (cityclerk@kentwa.gov) Signature Date:2024-04-29-4:56:47 PM GMT-Time Source:server Agreement completed. 2024-04-29-4:56:47 PM GMT Powered by Adobe ` ENT Acrobat Sign