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CivTech - PSA - Citywide Safety Evaluation Services (#20-036)
PROFESSIONAL SERVICES AGREEMENT Citywide Safety Evaluation Services Agreement No. 23-036 THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as "City", and CivTech Inc., hereinafter referred to as "Consultant," on the 13 8� day of DC D ,/ , 2023. 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. 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 Citywide Safety Evaluation 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 December 31, 2025. 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. Professional Services Agreement — CivTech Inc. Agreement No. 23-036 Citywide Safety Evaluation Services Page 1 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 work performed and expenses incurred under this Agreement, as follows. M 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 $48.646.48 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 Inc. Agreement No. 23-036 Citywide Safety Evaluation Services 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 Inc. Agreement No. 23-036 Citywide Safety Evaluation Services 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. Professional Services Agreement — CivTech Inc. Agreement No. 23-036 Citywide Safety Evaluation Services Page 4 of 9 8. Indemnification. 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 or 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 Scope 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 premises, 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 Professional Services Agreement — CivTech Inc. Agreement No. 23-036 Citywide Safety Evaluation Services Page 5 of 9 respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 9.1.3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 9.1.4 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: ® $1,000,000 each occurrence; and ® $2,000,000 general aggregate; 9.2.3 Professional Liability insurance shall be written with limits no less than: ® $2,000,000 per claim; and ® $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 wo (2) business days of their receipt of such notice. Professional Services Agreement — CivTech Inc. Agreement No. 23-036 Citywide Safety Evaluation Services 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_frve (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. 11. 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 making of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement. 12. Assi nment and Subcontracting. 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 Professional Services Agreement — CivTech Inc. Agreement No. 23-036 Citywide Safety Evaluation Services Page 7 of 9 13. 14. of the City, which consent must be sought at least thirty (30) days prior to the date of any proposed assignment. 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. 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 complying with the terms of this Agreement, incurred prior to termination. 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: Maria L. Serra, P.E., or designee Deputy Public Works Director 525 North 3`d PO Box 293 Pasco WA 99301 serram� yspasco-wa.gov Professional Services Agreement — CivTech Inc. Citywide Safety Evaluation Services For the Consultant: Sean Messner, P.E.., or designee Project Manager 10605 N Hayden Rd., Unit 40 Scottsdale, AZ 85260 SMessnerLacivtech.com Agreement No. 23-036 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. Integration. 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. CITYADF PASCO. WASHINGTON I I "�' Niffiff), , , wa 4, Steve M. `R1oMey, P.E. — Public Wopk' Director / ATTEST: CONSULT T Dawn D. Cartier, P.E., P.T.O.E. — President APPROVED AS TO FORM: Debra C. Barham, City Clerk err Ferguso City Attorney Professional Services Agreement — CivTech Inc. Citywide Safety Evaluation Services Agreement No. 23-036 Page 9 of 9 CivTech SCOPE OF WORK November 9, 2023 Ms. Maria Serra, PE Deputy Public Works Director City of Pasco 525 North 3rd Avenue Pasco, Washington 99301 Phone: 509.544.4125 Email: serram@pasco-wa.gov EXHIBIT A RE: CITYWIDE SAFETY EVALUATION SERVICES SCOPE OF WORK FOR THE CITY OF PASCO — PASCO, WASHINGTON Dear Ms. Serra: CivTech is pleased to present the City of Pasco (the "Client') with this scope of work to provide citywide safety evaluation services for the Client on an as needed basis in Pasco, Washington. CivTech will dedicate Sean Messner, PE as the Project Manager for the citywide safety evaluation services provided to the Client. CivTech will review the most current Capital Improvement Program (CIP) list of projects to determine which best align with the call for 2024 Highway Safety Improvement Program (HSIP) safety funding and development of the HSIP application, and supporting materials, for delivery to the Washington State Department of Transportation (WSDOT). The review of CIP projects may include crash evaluations, operations evaluations, and development or refinement of project probable construction costs. Conceptual design may also occur to better refine the project or to better refine anticipated project costs. If needed, the 2022 Local Road Safety Plan will be updated to reflect any new or modified projects, based on the above items. The update is expected to be in the form of an amendment, adding new projects and the supporting data for each, as needed. CivTech will also assist the City with the development of the 2024 HSIP application, which will be based on the outcome of the CIP evaluations and incorporation of any systemic improvements for the City. The following are general tasks that may occur as part of this project: SCOPE OF WORK — CIP REVIEW FOR HSIP GRANTS Review current CIP list of projects and cross-reference with the most current five (5) years of crash data. o Determine if all or a portion of the project has experienced a high number of historic crashes (potential injury, injury/serious injury, fatal). o Review the project description to determine if the improvements include a crash modification factor, per the Highway Safety Manual (HSM), or would enhance the safety of the roadway. C!vTech Inc. • 14720 East 2W Avenue • Spokane Valley, Washington 99037 Phone 602.290.3016 • Fax 480.659.0566 Citywide Safety Evaluation Services Scope of Work City of Pasco - Pasco, Washington Page 2 ■ Define the improvements that contain the safety factor and review the crash reductions that would be expected. Determine if additional items could be included to benefit the safety of the project. o Perform conceptual design of the potential additions. o Perform conceptual cost estimates of the improvements. o Perform a benefit/cost (B/C) analysis to determine if the improvements meet the HSIP criteria. SCOPE OF WORK - REVIEW HSIP FUNDING OPPORTUNITIES FOR SYSTEMIC IMPROVEMENTS Review the 2022 Local Road Safety Plan specifically for systemic improvements. Review the latest five (5) years of crash data to determine if systemic improvements could potentially reduce Citywide crashes. o May include the following systemic improvements: ■ Upgrading sign retro-reflectivity (Stop signs, warning signs, speed limit signs, etc.). ■ Upgrading traffic signal heads to meet current MUTCD criteria. ■ Installation of Flashing Yellow Arrows. Perform conceptual design/identification of the potential systemic improvements. Perform conceptual cost estimates of the improvements. Perform a benefit/cost (B/C) analysis to determine if the improvements meet the HSIP criteria. SCOPE OF WORK - UPDATE 2022 LOCAL ROAD SAFETY PLAN Once the above tasks are completed, CivTech will draft an addendum to the 2022 Local Road Safety Plan. o The addendum will include any modifications to the project list due to the recently completed analysis. The addendum will generally include: ■ Project description updates. ■ Crash evaluation updates. ■ Conceptual cost updates. ■ Schedule updates. • Conceptual layouts, diagrams, or other graphics to aid in project description. o CivTech will include all supporting materials, including but not limited to calculations, conceptual drawings, and estimates. CivTech will assist with any Council presentations that may be needed for the adoption of the amended plan. SCOPE OF WORK - ASSIST WITH THE 2024 CITY SAFETY PROGRAM APPLICATIONS Once the above tasks are completed, CivTech will assist with the preparation of the HSIP application. It is anticipated that at least one (1) CIP project, or portion of a CIP project, will be included as well as one (1) systemic project. o Application packet may include: ■ Engineers' Cost estimates. CivTech Citywide Safety Evaluation Services Scope of Work City of Pasco — Pasco, Washington Page 3 ■ Vicinity map. ■ Conceptual plans. ■ Cross -sections (if applicable). ■ Supporting letters of support (if applicable). • Intersection control justification (should a roundabout not be selected as a preferred treatment). CivTech will coordinate with City staff on the application development and submittal process. SCOPE OF WORK — MEETINGS • Weekly coordination meetings with the City Project Manager. o Each virtual meeting will be one (1) hour. • Up to three (3) site visits, to document conditions and confirm designs. ADDITIONAL ITEMS EXCLUDED FROM ORIGINAL SCOPE OF WORK Although CivTech is qualified to perform these services, they are excluded from this scope of work. Should additional services be required, an addendum to this scope will be prepared and provided to the Client. • Performing traffic counts. • Macroscopic modeling using VISUM software. • Microsimulation using VISSIM software. • Meetings in excess of the fee proposed herein. GENERAL ASSUMPTIONS • CivTech's Project Manager for this work will be Sean Messner, PE. The Client Project Manager for this work will be Maria Serra, PE. • MS Excel will be utilized for spreadsheets. • MS Word will be utilized for word processing. • MS PowerPoint will be utilized for presentations. • Synchro will be utilized for signalized and stop -controlled intersection analyses. • Sidra will be utilized for roundabout analyses. • AG132 will be utilized for photometric analyses. • AutoCAD Civil3D will be utilized for design work. • AutoTurn 11 will be utilized for turning movement design evaluations. SCHEDULE These traffic engineering services are anticipated to begin on November 20, 2023, and end before February 4, 2024. FEE Based on our understanding of the scope of work required for this project, CivTech can conduct this scope of work utilizing the billing rates by employee classification as listed in the Derivation of Cost Proposal Summary sheet. No work element will be conducted without the prior approval of the Client. 1 CivTech Citywide Safety Evaluation Services Scope ofWork CitynfPasoo—Pascn Washington Page Scope of Work.--- Fee Review HSIP Funding Opportunities for Systemic Improvements (T&M, estimate) $9,030 Update 2022 Local Road Safety Plan (T&M, estimate) $9,200 Assist with the 2024 City Safet y Program Applications (T&M, estimate) Reproduction (T&M, estimate) $200 Total (T&M, estimate) $48,655 Thank you for allowing Ck/Tsch to assist you on this project. Please contact me with any questions you may have on this scope of work. Si Sean Messner Dawn D.Cartier, PE, FTl]E Derivation of Cost Proposal Summary Citywide Safety Evaluation Services EXHIBIT B civTech Contract No: Firm Name: CivTech Description: Citywide Safety Evaluation Services Project No.: New Contract: y Contract Mod.: - Task order - Compensation Type: T&M NTE Rate Table Contract Classification Rate Table Quantity Total Project Principal $ 270.00 0 $ - Senior Project Manager $ 245.00 121 $ 29,645.00 Senior Transportation Planner $ 235.00 0 $ - Senior Engineer $ 225.00 0 $ Senior Designer $ 205.00 0 $ Project Engineer $ 190.00 0 $ - Transportation Planner $ 175.00 92 $ 16,100.00 Engineer In Training $ 165.00 12 $ 1,980.00 Technician $ 145.00 0 $ - Administrative $ 80.00 2 $ 160.00 Sub Total 227 $ 47,885.00 Other Direct Expenses: Quantity Total Mileage (personal vehicle only) 888 $519.48 Meals $48 Reproduction (outside) 510 $194.00 to Sub Total $ 761.48 Subconsu Itants/Vendors NA $0.00 Sub Total $ TOTALT&M ESTIMATE $ 48,646.48 CivTech GDnt ctNo:- plrm Name: CivTech Description: Cftywide Safety Evaluation Services Project No.: - 1 CIPReviewtof MSlP Greets 32 56 1 t3 Reviev, Cityvlde Crash data 2 Systemic Improvements 24 1/ Q 3 ®s Update 2022 LRSP . ... . _�----��--� 12 14 12 1 Ip ® _�----��-�� ® NSIP 0.ppliufbns Draft Application _®--------® lit final A,,11,ali.n 35 _ Project Total 0 12I 0 0 0 a !n 12 0 2 21] Contract No: _ CivTech Firm Name: CivTech Description: Citywide Safety Evaluation Services Project No.: - Compensation Type: T&M NTE Car Rental Item Days/Trip Trips Rate/day Cost $0.00 $0.00 $0.00 Total Car Rental 0 $0.00 Printing and Reproduction (Outside) Item # Sheets # Copies Total # Rate Cost Plots (11x17) 80 1 80 $0.15 $12 Plots/Copies (8.5x11) 200 1 200 $0.10 $20 Color Plots (11x17) Miscellaneous Color Plots 80 1 80 $0.90 $72 Color Plots (8.5x11) 150 1 150 $0.600 $90 Total Misc Reproduction 510 $194 Plotting (Outside) Item Iterations # Sheets Total # Rate Cost Total Plotting (outside) 0 $0.00 Contract Number: - Firm Name: CivTech Description: Citywide Safety Evaluation Services Project No.: - Compensation Type: T&M NTE CivTech Firm Project Manager: Sean Messner Firm Address: 14720 E. 20th Avenue, Spokane Valley, WA Purpose of Travel: Site Visit Name of Traveler(s): Sean Messner (assumed) Activity pP rox. Departure Time Place Traveling from Approx. Travel Time Place Traveling to Approx. # of Miles # of Trips Total # of Miles Cost (@$0.655 per mile) Site Visit CivTech 14720 E. 20th Ave Spokane Valley, WA 99037 Pasco, WA 296 1 296 $173.16 Site Visit CivTech 14720 E. 20th Ave Spokane Valley, WA 99037 Pasco, WA 296 1 296 $173.16 Site Visit CivTech 14720 E. 20th Ave Spokane Valley, WA 99037 Pasco, WA 296 1 296 $173.16 Meals Rate Description and number of people Cost Total 1 888 1 $519 Personal vehicles only Breakfast $9.00 people for days $0.00 Lunch $16.00 1 people for 3 days $48.00 Dinner $20.00 people for days $0.00 Full Day $41.00 people for days $0.00 Lodging Rate Description and number of people Cost $45.00 rooms for $0.00 Total $48.00 CERTIFICATE OF LIABILITY INSURANCE I DATE(MM/DDNYYY) 1 12/11/23 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 INSURERS , 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(A/C 623465-5933 PROFESSIONAL INSURANCE BROKERS, INC. A/C. No. EM EMAIL PMB 857,515 E. CAREFREE HWY ADDRESS: vmdiQpbinc.corn PRODUCER PHOENIX, ARIZONA 85085-8839 CUSTOMERID: INSURER(S) AFFORDING COVERAGE NAIC # INSURED: INSURERA: R L I INSURANCE COMPANY, INC. 13056 CIVTECH, INC. INSURERB: NUTMEG INSURANCE COMPANY 39608 INSURERC: HARTFORD ACCIDENT & INDEMNITY CO 22357 10605 N. HAYDEN ROAD INSURERD: HARTFORD FIRE INSURANCE COMPANY 19682 BUILDING G, SUITE 140 11NSU2ERE: SCOTTSDALE, ARIZONA 85260 INSURER F: COVERAGES: CERTIFICATE NUMBER: 488 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. c0 LTR TYPE OF INSURANCE ADDL INSR SUBR WVO POLICY NUMBER POLICY EFF. DATqMMMDfM POLICY EXP. MTE(Mmmorm LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE FX7 OCCUR X X PSB0001543 08/29/23 08/29/24 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES $ 1,000,000 (Ec occurrence) )( [BAD PROPERTY DAMAGE MED EXP (Any onePerson) $ 10,000 X 1CONTRACTUAL LIABILITY PERSONAL &ADVINJURY $ 1,000,000 GEHL AGGREGATE LIMITAPPLIES PER: POLICY X7PROJECT=LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS.COMP/OPAGG $ 2,000,000 OTHER B AUTOMOBILE LIABILITY COMBNED SINGLE LIMIT (Ec $ 1,000,000 AUTO SCHEDULED X X 59UECBC6952 08/29/23 08/29/24 Accident)) ALL AUTOS OWNED AUTOS NON BODLY NJURY (Per person) $ BODLY NJURY (Per accident) $ XIANY PROPERTY DAMAGE (Per accident) $ AlnE X OWAUTE A UMBRELLA LAB X X PSE0001351 08/29/23 08/29/24 EACHOCCURRENCE $ 4,000,000 EXCESS LAB eOCCUR AGGREGATE $ 4,000,000 n $ CLAIMS -MADE $ DED RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY Y/N PROPRIETOR/PARTNER EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory N WA X 59WECAS5XPV 08/29/23 08/29/24 X I PER STATUTE OTHER E.L. EACH ACCIDENT $ 1,000,000 in NH) If yes, describe under DESCRIPTION OF OPERATIONS BELOW E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY UNIT $ 1,000,000 OTHER EACH CLAM I AGGREGATE D X PROFESSIONAL LIABILITY X OH 03987192301 08/29/23 08/29/24 2,000,000 / 2,000,000 A X VALUABLE PAPERS PS130001543 08/29/23 08/29/24 $100,000 DESCRIPTION OF OPERATIONS /LOCATIONStVEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) As required by the written contract, the City of Pasco, its departments, officials, officers, employees, and agents are Additional Insured, on a primary and non-contributory basis, as respects the General and Automobile Liability coverages only, as per Endorsement Forms PPB040212 and HA99161221 attached. Umbrella follows form. Waiver of Subrogation applies to all listed policies as per written contract. Workers Compensation Blanket waiver form WC000313 attached. 30 day notices 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 ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF PASCO AUTHORIZED REPRESENTATIVE j 525 NORTH 3RD AVENUE PASCO, WA 99301 /, —"- s f- p p c( © 1988-2014 ACORD CORPORATION. All rights reserved. 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 It -- 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 Ili H.2. Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION 11 — 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 Ill K. 2. Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II — LtABILITY) 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 CIVTECH INC - POI.# 59 UEC BC6952 COMMERCIAL AUTOMOBILE HA 99 16 12 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply, 1. BROAD FORM INSURED Paragraph A. - WHO IS AN INSURED - of Section II - Liability Coverage Is amended to add the following, d. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization, Form HA 99 16 12 21 e. Employees as Insureds (1). Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. f. Lessors as Insureds (1). The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (a) The agreement requires you to provide direct primary insurance for the lessor and (b) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. g. Additional insured If Required by Contract (1) When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who is An Insured with regard to the ownership, maintenance or use of a covered "auto." The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (a) During the policy period, and (b) Subsequent to the execution of such written contract, and 02021, The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) Page 1 of 5 (c) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. 2. Primary and Non -Contributory if Required by Contract Only with respect to insurance provided to an additional insured in A.1.g. - Additional Insured If Required by Contract, the following provisions apply: (1) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (2) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance: and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in SECTION IV - Business Auto Conditions, B. General Conditions, Other Insurance 5.d. 3. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The SECTION IV- Business Auto Conditions, B. General Conditions, 5. OTHER INSURANCE Condition is amended by adding the following: e. If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee`s" personal insurance. Page 2 of 5 Form HA 99 16 12 21 4. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. 5. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100.000; (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident". you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees". partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 6. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 7. LOAN/LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 8. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 9. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs BA - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 4.tf. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b. Section III, Physical Damage Coverage, Limit of Insurance, Paragraph C.2. is amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: Form HA 9916 12 21 Page 3 of 5 (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 10.EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 11. GLASS REPAIR -WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 12. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) if the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 13. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, it you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation, 14. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 15. HIRED AUTO -COVERAGE TERRITORY SECTION IV, BUSINESS AUTO CONDITIONS, PARAGRAPH B. GENERAL CONDITIONS, 7. - POLICY PERIOD, COVERAGE TERRITORY - is added to include the following: (6) For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 16. WAIVER OF SUBROGATION Paragraph 5. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS A. Loss Conditions is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 17. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS, C. is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 18. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. Page 4 of 5 Form HA 99 16 12 21 19. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total toss to a "non -hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a. If the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non -hybrid" auto's actual cash value or replacement cost, whichever is less, b. The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a. A "non -hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b. A'hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto, 20. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. Form HA 99 16 12 21 Page 5 of 5 F1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 59 WEC AS5XPV Endorsement Number: Effective Date: 08/29/2023 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: CIVTECH INC 10605 N HAYDEN RD STE 140 SCOTTSDALE AZ 65260 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 shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Any person or organization for whom you are required by contract or agreement to obtain this waiver from us. Endorsement is not applicable in KY, NH, NJ or for any MO construction risk Countersigned by Authorized Representative Form WC 00 03 13 Printed in U.S.A. Process Date: 07122/2023 Policy Expiration Date: 08/29/2024