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HomeMy WebLinkAboutCivTech Inc. - 2022-2023 On-Call Traffic Engineering (#22-008)PROFESSIONAL SERVICES AGREEMENT 2022 W-2023 Traffie Engineering Services On -Call Agreement No. 22-008 THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, he�einafter referred to as "City", and CivTech, hereinafter referred to as "Consultant," on the 1 '9' day of r I _, 2022. RECITALS WHEREAS, the City desires to have certain services and/or tasks performed as set forth below requiring specialized skills, training, equipment, and other supportive capabilities; and WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills, experience, equipment, and necessary capabilities, including: technical and professional expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon which the City is relying; and WHEREAS, the City has, consistent with RCW 39.80, published an announcement related to its need for Architectural and Engineering services, evaluated Consultant's current performance data, and has determined that Consultant is the most highly qualified firm to perform the Architectural and Engineering services related to the Traffic Engineering Services; and WHEREAS, the City's Public Works Director finds that the Agreement with Consultant is both fair and reasonable in light of the duties to be performed, the Consultant's performance data, and the nature and complexity of the project. NOW, THEREFORE, in consideration of the mutual covenants, and performances contained herein, the parties agree as follows: 1. Scone of Services. The Consultant shall perform such services and accomplish such tasks, including the furnishing of all labor, materials, facilities and equipment necessary for full performance thereof, as identified and designated as Consultant's Responsibilities throughout this Agreement, and as more particularly described in Scope of Work detailed in Exhibit A, attached hereto and incorporated herein (the "Project"). 2. Term. This Project shall begin on the execution date listed above and promptly be completed by 12/31/2023. 3. Compensation and Payment. 3.1 Payment for services provided hereunder shall be made following the performance of such services. Such payment shall be full compensation for work performed or services rendered, and for all labor, materials, supplies, equipment, and incidentals necessary to complete the Project. Professionai Services Agreement — CivTech Agreement No. 22-008 2022 — 2023 Traffic Engineering Services On -Call Page l of 9 3.2 No payment shall be made for any services rendered by the Consultant except for services identified and set forth in this Agreement except as may be authorized by a written supplemental agreement approved by the City. 3.3 The City shall pay the Consultant for work, performed under this Agreement upon timely submitted invoices detailing work performed and expenses for which reimbursement is sought. The City shall approve all invoices before payment is issued. Payment shall occur within thirty (30) days of receipt and approval of an invoice. 3.4 The City shall pay the Consultant for all wort, performed and expenses incurred under this Agreement, as follows. ® Hourly (Multiple Rate): Such rates as identified on Exhibit B, plus actual expenses incurred as provided under this Agreement, but not to exceed a total of $500 000.00 without the prior written authorization by the City. 4. Reports and Inspections. 4.1 The Consultant at such times and in such forms as the City may require, shall furnish to the City such statements, records, studies, surveys, reports, data, and information as the City may request pertaining to matters covered by this Agreement. 4.2 The Consultant shall, at any time during normal business hours and as often as the City or the Washington State Auditor may reasonably deem necessary, make available for examination all of its records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall permit the City, or its designated authorized representative to audit and inspect other data relating to all matters covered by this Agreement. The City shall receive a copy of all audit reports made by the agency or firm as to the Consultant's activities. The City may, at its discretion, conduct an audit at its expense, using its own or outside auditors, of the Consultant's activities which relate, directly or indirectly, to this Agreement. Consultant shall be provided a copy of such reports. 4.3 The Consultant, during the term of this Agreement, shall obtain all permits and registration documents necessary for the performance of its work and for the execution of services at its own expense, and shall maintain its validity. Upon request, the Consultant shall deliver to the City copies of these licenses, registration documents, and permits or proof of their issuance or renewal. 4.4 Consultant shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this Agreement, and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Agreement. Professional Services Agreement — CivTech Agreement No. 22-008 2022 — 2023 Traffic Engineering Services On -Call Page 2 of 9 These records shall be subject, at all reasonable times, to inspection, review, or audit as provided above. 4.5 The Consultant shall retain all books, records, documents or other material relevant to this Agreement for three (3) years after its expiration. Consultant agrees that the City, or its designee, shall have full access and right to examine any of said materials at all reasonable times during this period. 5. Ownership and Use of Documents. 5.1 All research, tests, surveys, preliminary data, information, drawings and documents made, collected, or prepared by the Consultant for performing the services subject to this Agreement, as well as any final product, collectively referred to as "work product," shall be deemed as the exclusive property of the City, including copyright as secured thereon. Consultant may not use them except in connection with the performance of the services under this Agreement or with the prior written consent of the City. Any prior copyrighted materials owned by the Consultant and utilized in the performance of the services under this Agreement, or embedded in with the materials, products and services provided thereunder, shall remain the property of the Consultant subject to a license granted to the City for their continued use of the products and services provided under this Agreement. Any work product used by the Consultant in the performance of these services which it deems as "confidential," "proprietary," or a "trade secret" shall be conspicuously designated as such. 5.2 In the event of Consultant's default, or in the event that this Agreement is terminated prior to its completion, the work product of the Consultant, along with a summary of the services performed to date of default or termination, shall become the property of the City, and tender of the work product and summary shall be a. prerequisite to final payment under this Agreement. The summary of services provided shall be prepared at no additional cost, if the Agreement is terminated through default by the Consultant. If the Agreement is terminated through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of services provided. 6. Public Records. 6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW "Public Records Act." All preliminary drafts or notes prepared or gathered by the Consultant, and recommendations of the Consultant are exempt prior to the acceptance by the City or public citation by the City in connection with City action. 6.2 If the Consultant becomes a custodian of public records of the City and request for such records is received by the City, the Consultant shall respond to the request by the City for such records within five (5) business days by either providing the records, or by identifying in writing the additional time necessary to provide the Professional Services Agreement — CivTech Agreement No. 22-008 2022 — 2023 Traffic Engineering Services On -Call Page 3 of 9 records with a description of the reasons why additional time is needed. Such additional time shall not exceed twenty (20) business days unless extraordinary good cause is shown. 6.3 In the event the City receives a public records request for protected work product of the Consultant within its possession, the City shall, prior to the release of any protected work product or as a result of a public records request or subpoena, provide Consultant at least ten (10) business days prior written notice of the pending release and to reasonably cooperate with any legal action which may be initiated by the Consultant to enjoin or otherwise prevent such release. 7. Independent Contractor Relationship. 7.1 The parties intend that an independent contractor relationship is created by this Agreement. The City is interested primarily in the results to be achieved; subject to the scope of services and the specific requirements of this Agreement, the implementation of services will lie solely with the discretion of the Consultant. No agent, employee, officer or representative of the Consultant shall be deemed to be an employee, agent, officer, or representative of the City for any purpose, and the employees of the Consultant are not entitled to any of the benefits or privileges the City provides for its employees. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, officers, subcontractors or representatives during the performance of this Agreement. 7.2 In the performance of the services provided in this Agreement, Consultant is an independent contractor with full authority to control and direct the performance of the details of the work, however, the results of the work contemplated herein must meet the approval of the City and shall be subject to the City's general rights of inspection and review to secure the satisfactory completion thereof. 7.3 The Consultant shall comply with all State and Federal laws including, but not limited to: 7.3.1 The definition requirements of RCW 50.04.140 (Employment Security). 7.3.2 RCW 51.08.195 (Industrial Insurance). 7.3.3 Obtain a City of Pasco business license. 7.4 The City may, at its sole discretion, require the Consultant to remove any employee, agent or servant from employment on this Project who, in the City's sole discretion, may be detrimental to the City's interest. 8. Indemnification. Professional Services Agreement — CivTech Agreement No. 22-008 2022 — 2023 Traffic Engineering Services On -Call Page 4 of 9 8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 8.2 However, 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, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder 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 purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8.3 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 8.4 This indemnification shall include damages, penalties and attorney fees sustained as a result. of Consultant's delayed or failed performance of Section 6 above. 9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons of damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, or subcontractors. The Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 9.1 Minimum Sebe of Insurance. Consultant shall obtain insurance of the types and coverage described below: 9.1.1 Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 9.1.2 Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from prernises, operations, stop -gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. Professional Services Agreement — CivTech Agreement No. 22-008 2022 — 2023 Traffic Engineering Services On -Call Page 5 of 9 9.1.3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 9.I.4 Professional Liability insurance appropriate to the Consultant's profession. 9.2 Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 9.2.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 9.2.2 Commercial General Liability insurance shall be written with limits no less than: N $2,000,000 each occurrence; and N $2,000,000 general aggregate; 9.2.3 Professional Liability insurance shall be written with limits no less than: N $2,000,000 per claim; and N $2,000,000 policy aggregate limit; 9.3 Other Insurance Provision. The Consultant's Automobile Liability, Professional Liability, and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 9.3.1 The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 9.4 _Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 9.5 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 Agreement before commencement of the work. 9.6 Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation within two (2) business days of their receipt of such notice. Professional Services Agreement— CivTech Agreement No. 22-008 2022 — 2023 Traffic Engineering Services On -Call Page 6 of 9 9.7 City Full Availability of Consultant Limits. If the Consultant maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Consultant, irrespective of whether such limits maintained by the Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Consultant. 9.8 Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five (5) business days notice to the Consultant to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 10. Nondiscrimination. In the performance of this Agreement, the Consultant will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Consultant shall ensure that applicants are employed, and that employees are treated during employment in the performance of this Agreement without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Consultant shall take such action with respect to this Agreement as may be required to ensure full compliance with local, State and Federal laws prohibiting discrimination in employment. It. Covenant Against Contingent Fees. The Consultant warrants that it has not employed nor retained any company, firm, or person, other than a bona fide employee working exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid or agreed to pay any company, person or firm, other than a bona fide employee working exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or malting of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement. 12. Assi mment and Subcontracti. 12.1 The City has awarded this Agreement to the Consultant due to its unique qualifications to perform these services. The Consultant shall not assign (or subcontract other than as specifically identified in Exhibit A) its performance under this Agreement or any portions of this Agreement without the prior written consent of the City, which consent must be sought at least thirty (30) days prior to the date of any proposed assignment. Professional Services Agreement — CivTech Agreement No. 22-008 2022 — 2023 Traffic Engineering Services On -Call Page 7 of 9 12.2 Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement including Section 6, Public Records; Section 10, Nondiscrimination; proper bidding procedures where applicable; and all local, State and Federal statutes, ordinances and guidelines. 12.3 Any technical or professional service subcontract not listed in this Agreement, must have prior written approval by the City. 13. Termination. 13.1 Termination for Convenience. Either party may terminate this Agreement for any reason upon giving the other party no less than ten (10) business days written notice in advance of the effective date of such termination. 13.2 Termination for Cause. If the Consultant fails to perform in the manner called for in this Agreement, or if the Consultant fails to comply with any other provisions of this Agreement and fails to correct such noncompliance within five (5) business days of written notice thereof, the City may terminate this Agreement for cause. Termination shall be effected by serving a notice of termination on the Consultant setting forth the manner in which the Consultant is in default. The Consultant will only be paid for services and expenses complyingwith theterms of this Agreement, incurred prior to termination. 14. General Provisions. 14.1 For the purpose of this Agreement, time is of the essence. 14.2 Notice. Notice provided for in this Agreement shall be sent by: 14.2.1 Personal service upon the Project Administrators; or 14.2.2 Certified mail to the physical address of the parties, or by electronic transmission to the e-mail addresses designated for the parties below. 14.3 The Project Administrator for the purpose of this Agreement shall be: For the City: Steve M. Worley, P.E., or designee Public Works Director 525 North 3r1 PO Box 293 Pasco WA 99301 WorleyS pasco-wa.goy (e-mail address) Professional Services Agreement — CivTech 2022 — 2023 Traffic Engineering Services On -Call For the Consultant: Sean Messner, P.E., or designee Project Manager 10605 N Hayden Rd, Unit 140 Scottsdale, AZ 85260 SMessneraciytech.com (e-mail address) Agreement No. 22-008 Page 8 of 9 15. Dispute Resolution. 15.1 This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. 15.2 In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 16. Nonwaiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other similar event or other provision of this Agreement. 17. Inte ration. This Agreement between the parties consists in its entirety of this document and any exhibits, schedules or attachments. Any modification of this Agreement or change order affecting this Agreement shall be in writing and signed by both parties. 18. Authorization. By signature below, each party warrants that they are authorized and empowered to execute this Agreement binding the City and the Consultant respectively. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. CITY OF PASCO, WASHINGTON CONSULTANT Stev_ M. WfS'ley, P.E. Public Works Director ATTEST: �l �L Debra C. Barham, City Clerk Professional Services Agreement — CivTech 2022 — 2023 Traffic Engineering Services On -Call APPROVgV4kS TO FORM: Kerr Ferguson aw, PLLC, City Attorney Agreement No. 22-008 Page 9 of 9 CHECKLIST. FOR WATER TO 3466 @ New Water Lines P/W Engineer Contractor Date Completed Sign Off Sign Off Sign Off Water Line Loaded Date & Time Scheduled: Waterline Flushed & Bacterial Sample Taken Date & Time Scheduled: Bacterial sample passed & pressure test Request for water line to be placed in service Date & Time Scheduled: Taps Contractor Sign Off Date Completed Excavation per trenching/ shoring requirements Tapping Saddle & tapping valve installed Date & Time Scheduled: Water Shut Downs Contractor Sign Off Date Completed Customer Notification Made Date & Time Scheduled: Contractor:_ Rotschy Inc. Contact: Joe Robles (509) 539-9850 Project: Sandy Flats Duplexes Notes: Contractor would like the COP to conduct an 8"x 8' hot tap on Bedford St on Friday morning April 1, 2022 at 8:00 am. WAT1 � w 0 z 0 O d U D � } O\ N W J L' n m m tOD In N a N n. W W O # M C7 W W M? O W 0 0 0 0 0 O U Y z c0 O a0. L6 u a Z N Y - �? a F% C6 F CL a W d fC0 N w 60 0 0' w 0 0 O O a N � N Oi co z ¢ 0 `W � w � U U U r N U Z O ° O a 0 Jo J_ °s a C. e0 M W w cy � fA fA N o 0 O NW IL w 0 O (O w o O w a N w So rO o0 O J o `° LO Q a (n N N Cl) r0 M LL O W o0 w Z U O (00 CD Lf) n M W N Cl) _ (fl (fl U N w CO J z � r o j 0 � w 0 z 0 d U D � } D 0 tOD In (n Z a N n. W � a M C7 9 Z M? D Q 0 0 0 0 5 F O d V N D � Z °# O W 0 U u ri Q c (y d � o N CL F% C6 F CL W 20 o W d fC0 N d N U N � Q a O N � N Oi M Mz d z O O `W � w N r N U � O D 0 tOD In N N � a M 9 Z M? D Q 0 0 0 0 5 F O 0 0 0 0 o D 0 ¢ u10i oao �N-i o00 ri � o N F% C6 F W N N L} N t? N tR N i� j W d fC0 N r � n ❑ O N � N Oi 7 Z U O ° a 0 0 0 0 0 0 0 0 0 0 W 0 lry 0 0 0 0 (0 v w �o � CO N V1 a N N V} V? V? V} V} VT D O Do D O y D (0 a O (= N x H U � (D (D 00 E�� c, C'3 m i 5 C; C; d J) ANN CO 0 � d C9 C (0 (0 0 — ) ,Cz m O W � cu s (A ■ 0 � f 0 » a (U ! E \ � § ® \ o $ U _ ) \ \ 0 \ _ { \ § k\ _ k) \ ] k> r E _ � 2 - m \ \ 0- 0 r) _ o ]f $\ \\ cu \ \ �\ _ )} \\ \bb \ \mcL \ =4o cL {o /) -{ ) \k k) )j / \ k ` ! !f k� $ bD 7 \/ \ \ \ A, : § u cL f § { cy -_ \ \� 0 R § - _ cc cuk �= c. & = w 75 f \ \ \ \ \ \ } e_ �� R� CERTIFICATE OF LIABILITY INSURANCE DATE MM/DD/YYYY 03/28/22 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 WENDI S REED NAME: PHONE 623465-5300 FAX(AIC 623465-5933 PROFESSIONAL INSURANCE BROKERS, INC. (A/C. No. EMAIL ADDRESS: condi@pibinc.com PM 857, 515 E. CAREFREE HWY PRODUCER CUSTOMERID: PHOENIX, ARIZONA 85085-8839 INSURER(S) AFFORDING COVERAGE NAIC # INSURED: INSURERA: RLI INSURANCE COMPANY, INC. 13056 INSURER B: HARTFORD FIRE INSURANCE COMPANY 19682 CIVTECH, INC. INSURERC: 10605 N. HAYDEN ROAD INSURERD: BUILDING G, SUITE 140 INSURERE: 1INSURERF: SCOTTSDALE, ARIZONA 85260 COVERAGES: CERTIFICATE NUMBER: 437 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. CO LTR TYPE OF INSURANCE ADDL INSR SUBR WVO POLICY NUMBER POLICY EFF. DATQMM/DDMn POLICY EXP. DATF(MMDDr" LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR X X PSB0001543 05/12/21 05/12/22 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES $ 1,000,000 (Ec occurtence) X BROAD FORM PROPERTY DAMAGE MED EXP I Any one Derson1 $ 10,000 X CONTRACTUAL LIABILITY PERSONAL &ADV INJURY $ 1,000,000 GEHL AGGREGATE LIMITAPPLIES PER GENERAL AGGREGATE $ 2,000,000 PRODUCTS.COnvP/OPAGG $ 2,000,000 POLICY X7 PROJECTF__]LOC OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (EC $ ANY AUTO SCHEDULED Accident) ALL OWNED AUTOS HIRED AUTOS NON OWNED BODILY INJURY (Par person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ AUTOS AUTOS A X UMBRELLA LAB x x PSE0001351 05/12/21 05/12/22 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 EXCESS LIAB $ BOCCUR CLAIMS-MADE $ DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY Y/N PROPRIETOR/PARTNER EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory N WA X PSW0001441 05/12/21 05/12/22 X PER STATUTE OTHER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 11000,000 in NH) R yes, describe under DESCRIPTION OF OPERATIONS BELOW E.L. DISEASE-POLICY LIMB $ 1,000,000 OTHER EACH CLAIM / AGGREGATE B X PROFESSIONAL LIABILITY x OH 03987192101 08/29/21 08/29/22 2,000,000 / 2,000,000 A X VALUABLE PAPERS PSB0001543 05/12/21 05/12/22 $100,000 DESCRIPTION OF OPERATIONS /LOCATION SNEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Traffic Engineering On-Call Contract #22-008 As required by the written contract, City of Paco Washington, its Departments, directors, officers, and employees are Additional Insured, on a primary and non-contributory basis, as respects the General Liability policy. Blanket endorsement form PPB3040212 attached. Umbrella follows form. Waiver of Subrogation applies to all listed policies per the written contract. Workers Compensation blanket waiver form WC000313 attached. 30 Day Notice of Cancellation applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Pasco Washinqton ACCORDANCE WITH THE POLICY PROVISIONS. 525 North 3`d. PO Box 293 AUTHORIZED REPRESENTATIVE Seauf Pasco, WA 99301 U "I!Jbd-LU 14 AUUKU UUK LU I IUN. WI r19n6 reS r�u. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD. Policy Number: PSB0001543 RLI Insurance Company Named Insured: Civtech, Inc 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 an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product -completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION III H.2. Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II — LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II — LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury', "property damage" or "personal and advertising injury" arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 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 05/12/2021 Insured Civtech, Inc Insurance Company RLI Insurance Company WC 00 0313 (Ed. 4-84) 0 1983 National Council on Compensation Insurance. Policy No. Endorsement No. PSW0001441 Premium Countersigned by CUSTOMER NUMBER: 1303370 DOUG BELL 4545 E SHEA BLVD STE 209 PHOENIX, AZ 85028 CITY OF PASCO WASHINGTON PO BOX 293 PASCO, WA 99301-0293 Certfcate Copy RUN DATE: 03-28-22 Cl CW A02 1011 CERTIFICATE OF INSURANCE This certificate is issued for informational purposes only. It certifies that the policies listed in this document have been issued to the Named Insured. It does not grant any rights to any party nor can it be used, in any way, to modify coverage provided by such policies. Alteration of this certificate does not change the terms, exclusions or conditions of such policies. Coverage is subject to the provisions of the policies, including any exclusions or conditions, regard- less of the provisions of any other contract, such as between the certificate holder and the Named Insured. The limits shown below are the limits provided at the policy inception. Subsequent paid claims may reduce these limits. Certificate Holder: CITY OF PASCO WASHINGTON PO BOX 293 PASCO, WA 99301-0293 Named Insured: CIVTECH, INC 10605 N HAYDEN RD STE 140 SCOTTSDALE AZ 85260-5595 Automobile Liability Insurer Name: Allstate Insurance Company Poli Number. 648757198 1 -Any Auto 4 - Owned Autos Other Than Priv. Pass. Autos Only 2 - Owned Autos Only 5 - Owned Autos Subject to No I Fault 3 - Owned Priv. Pass. Autos Only 6 - Owned Autos Subject to a Compulsory UM Law X 7 -Specifically Described Autos X 1 8 -Hired Autos Only X 9 - Non -owned Autos Only PolicVy Effective Date: 05-06-2021 Policy Expiration Date: 05-06-2022 Limits Of $ 1,000, 000 Combined Single Limit (each accident) Insurance: BI Per Person BI PerAccident PD Per Accident Description of Operations/ LocationslVehicles/Endorsements/Special Provisions TRAFFIC ENGINEERING ON-CALL CONTRACT #22-008 I Interested Party Type: ADDITIONAL INSURED - OTHER I THIS CERTIFICATE DOES NOT GRANT ANY COVERAGE OR RIGHTS TO THE CERTIFICATE HOLDER. IF TH IS CERTIFICATE INDICATES THAT THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED, THE POLICY(IES) MUST EITHER BE ENDORSED OR CONTAIN SPECIFIC LANGUAGE PROVIDING THE CERTIFICATE HOLDER WITH ADDITIONAL INSURED STATUS. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ONLY TO THE EXTENT INDICATED IN SUCH POLICY LANGUAGE OR ENDORSEMENT. Producer: DOUG BELL Authorized Representative: Date: 03-28-22 Includes copyrighted material of Insurance Services Office, Inc., with its permission Cl CW A02 10 11 Allstate Insurance Company Certificate Copy Page 1 of 1 DM CW 12 0110 Policy Number 648757198 SCHEDULE OF FORMS AND ENDORSEMENTS Allstate Insurance Company Named Insured CIVTECH, INC Effective Date: 05-06-21 12:01 A.M., Standard Time Name DOUG BELL COMMON POLICY FORMS AND ENDORSEMENTS DM CW 02 01-10 COMMON POLICY DECLARATIONS XM CW 13 02-15 IMPORTANT PAYMENT INFORMATION AM CW 02 11-09 WITNESS CLAUSE DM CW 12 01-10 SCHEDULE OF FORMS AND ENDORSEMENTS DM CW 25 01-10 SCHEDULE OF TAXES, SURCHARGES OR FEES IL 00 17 11-98 COMMON POLICY CONDITIONS *IL 00 21 09-08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDT *IL 00 03 09-08 CALCULATION OF PREMIUM AUTOMOBILE FORMS AND ENDORSEMENTS AA CW 01 10-12 AMENDATORY ENDORSEMENT *AA CW 06 10-11 AMENDATORY ENDORSEMENT AA CW 40 10-11 WAIVER OF TRNSFR OF RECOVERY DA CW 01 10-13 BUSINESS AUTO COVERAGE FORM DECLARATIONS *CA 00 01 10-13 BUSINESS AUTO COVERAGE FORM *CA 23 84 10-13 EXCLUSION OF TERRORISM *CA 23 94 10-13 SILICA/SILICA-RELATED EXCL FOR COVRD AU *CA 01 75 10-13 ARIZONA CHANGES *CA 02 05 05-14 ARIZONA CHANGES - NONRENEWAL AA CW 23 09-14 PRIMARY AND NON-CONTRIBUTORY ENDT *AA CW 20 10-11 BUSINESS AUTO ENHANCEMENT ENDORSEMENT CW CA 21 39 10-13 AZ UNINSURED MOTORIST COVERAGE CA 21 40 10-13 AZ UNDERINSURED MOTORISTS COVERAGE CA 20 48 10-13 DESIGNATED INSURED *CA 23 01 10-13 EXPLOSIVES *CA 23 45 11-16 PUBLIC LIVERY & ON -DEMAND DELIVRY EXCL *CA 99 03 10-13 AUTO MEDICAL PAYMENTS COVERAGE * These forms are part of this policy but are not printed DM CW 12 01 10 Allstate Insurance Company Insured Full Copy POLICY NUMBER: 6 4 8 7 5 719 8 COMMERCIAL AUTO AA CW 40 10 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF THE TRANSFER OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM SCHEDULE Designated Person or Organization: Contract Number: Description of Project: Location of Project: The following is added to the Transfer of Rights of Recovery Against Others To Us Condition: We waive any right of recovery we may have against the person or organization designated in the above Schedule because of payments we make for injury or damage arising out of work you perform under a contract with the above designated person or organization. The waiver applies only to the above designated person or organization and the work you perform must be under the contract, and for the project and location designated in the above Schedule. AA CW 40 10 11 Allstate Insurance Company Page 1 of 1 Insured Full Copy