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HomeMy WebLinkAboutEpic Land Solutions - Broadmoor Northwest Sewer LID Agreement (Agreement No. 20-017 - 1800076)PROFESSIONAL SERVICES AGREEMENT 1800076 — Broadmoor Area Sewer LID Agreement No. 20-017 THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, hereinafter referre to as "City" and Epic and Solutions, Inc., hereinafter referred to as "Consultant," on the 2 ay of , 2020. 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. NOW, THEREFORE, in consideration of the mutual covenants, and performances contained herein, the parties agree as follows: 1. Scope 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 12/31/2020. 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. 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 Professional Services Agreement — Epic Land Solutions, Inc. Agreement No. 20-017 1800076 — Broadmoor Area Sewer LID Page 1 of 9 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. ® Fixed Sum: A total of $40,000.00 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. 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. Professional Services Agreement — Epic Land Solutions, Inc. Agreement No. 20-017 1800076 — Broadmoor Area Sewer LID Page 2 of 9 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 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 Professional Services Agreement — Epic Land Solutions, Inc. Agreement No. 20-017 1800076 — Broadmoor Area Sewer LID Page 3 of 9 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 Relationshi . 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. 8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers from any and all claims and causes of action, including, but not limited to, actions of law or administrative proceedings for all injuries to persons or damages to property, and all losses, damages, demands, suits, judgments, including attorney fees, arising out of, or as a result of, or in connection with the work performed under this Agreement, and caused or occasioned in whole or in part by reason of errors, negligent acts or omissions of Professional Services Agreement — Epic Land Solutions, hic. Agreement No. 20-017 1800076 — Broadmoor Area Sewer LID Page 4 of 9 the Consultant or its subcontractors in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City, its officers, employees, agents, and volunteers. 8.2 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 injuries or damages to property caused by or resulting from the concurrent negligence of the Consultant, and the City, its officers, employees, agents and volunteers, the Consultant's liability and obligation to defend hereunder shall only be the proportionate extent of the Consultant's negligence. 8.3 It is further agreed that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. 8.4 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 8.5 This indemnification shall include damages, penalties and attorney fees sustained as a result of Consultant's delayed or failed performance of Section 6 above. 8.6 This waiver has been mutually negotiated by the parties, and the provisions of this section shall survive the expiration or termination of this Agreement. 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. 9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: 9.1.1 Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 9.1.2 Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. Professional Services Agreement — Epic Land Solutions, Inc. Agreement No. 20-017 1800076 — Broadmoor Area Sewer LID Page 5 of 9 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: N $1,000,000 each occurrence; N $2,000,000 general aggregate; or ❑ $ each occurrence; and $ general aggregate 9.2.3 Professional Liability insurance shall be written with limits no less than: N $1,000,000 per claim; N $1,000,000 policy aggregate limit; or ❑ $ per claim; and $ per policy aggregate limit 9.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance: 9.3.1 The Consultant's insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 9.3.2 The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 9.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. 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 Consultant before commencement of the work. Professional Services Agreement — Epic Land Solutions, Inc. Agreement No. 20-017 1800076 — Broadmoor Area Sewer LID Page 6 of 9 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 A ainst 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 Subcontractin . 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. 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 (S) business Professional Services Agreement — Epic Land Solutions, Inc. Agreement No. 20-017 1800076 — Broadmoor Area Sewer LID Page 7 of 9 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. 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: 14.3.1 For the City: Steve M. Worley, P.E, or his/her designee Public Works Director 525 North 3`d PO Box 293 Pasco WA 99301 WorleyS@,pasco-wa.gov (e-mail address) 14.3.2 For the Consultant: Steve Fox, or his/her designee Vice President of Operations 316 W Boone Avenue, Suite 590 Spokane, WA 99201 sfoxr'a',eeicland.com (e-mail address) 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, Professional Services Agreement — Epic Land Solutions, Inc. Agreement No. 20-017 1800076 — Broadmoor Area Sewer LID Page 8 of 9 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. CITY OF PASCO, WASHINGTON CONSULTANT ATTEST: Debra C. Barham, City Clerk APPROVED—AS TO Kerr Law, PLLC, City Attorney Steve Fox, Vice President of Operations Professional Services Agreement — Epic Land Solutions. Inc. Agreement No. 20-017 1800076 — Broadmoor Area Sewer LID Page 9 of 9 EXHIBIT A Scope of Services for City of Pasco Project #1800076 — NW Area Sewer LID Special Benefit Analysis Project Understanding EPIC understands the City is seeking a certified appraiser to provide a Special Benefit Analysis of eight (8) parcels for the proposed NW Sewer Area Local Improvement District (LID) Sewer Extension Project. The proposed project intends to construct a new sewer trunk lines to provide service to 577 acres west of Broadmoor Boulevard and north of Interstate 182 in the City of Pasco (per map exhibit provided below). ,- d a • ' ••_•• _ mss.• f ,. .rs PRELIVI%ARY J0 PARCELS r wraSJ o.mnet W sw srr:........ I ' .Nii. YN I.4.•>f. W j O ' . f+'i MMp d..PMw Tnf P ' Q �'•t.eJ IM.. V.E •JO�1 M ' y- O p / J • - ' r- LIQ ,6 1. L I _ "� CITY OF PASCO �I oT,; s BROAAMOOR AREA SUEJECT TO Kv�Efly —_ -- ser�tRin Scope of Services The scope of services will be delivered in two phases, defined as "Phase 1" and "Phase 2." In Phase 1, EPIC personnel will provide a preliminary analysis that will employ proportionate assessment methodology and develop our initial findings and assessments. These preliminary assessments will be presented to the City of Pasco City Council and/or the property owners within the study area. The Phase 2 study will provide the Final Benefits Study recommendations for proportional assessments once the sewertruck lines are installed, and the final costs are known. The Phase 2, Proportional Assessment Study will also be present to the City of Pasco City Council and/or the property owners within the study area. In this two-phase approach, the City procures the assessment recommendations at the appropriate time within the actual project costs. Phase 1: Preliminary Valuation Study The EPIC personnel will first perform a preliminary market valuation analysis that approximates and describes what the City and property owners may anticipate from the fully developed final LID assessments. In the Phase 1 study, we will conduct the initial research necessary to estimate the property values before improvements (without sewer) and projected values of the individual properties after sewers are available. The difference in the value of each property provides the foundational I Creating Land Solutions for the Public Good I Page 2 of 5 Scope of Services for City of Pasco Project #1800076 — NW Area Sewer LID Special Benefit Analysis proportionate assessment methodology and data from which to build the Preliminary Proportional Benefit Study and assessment recommendations. Phase 2: Final Special Benefits Study and Proportional Assessment Recommendations After the sewer trunk line is installed, EPIC will complete a final proportionate assessment study to calculate the final LID assessment recommendations, capturing all known costs, anticipated land -use changes, and the resultant value differences. This report will estimate the change in value after the trunk line improvements are constructed, and sewer is available to the properties in the LID area. As the City will want to consider different densities and land uses after sewer service is extended to the properties in the LID area. In order to make the proportionate assessment study manageable and be able to complete the Final Special Benefits Study Report, it will be necessary for the City to make certain assumptions limiting the number of potential land uses. The current scope of services assumes that, for the purpose of the Final Special Benefits Study Report, the City will establish one density and/or land use per parcel in the "current" valuation analysis, and one density and/or land use per parcel in the "with sewer" valuation analysis for seven of the eight properties. It is anticipated that one of the properties in the study area will have four potential uses and/or densities in the "with sewer" analysis. Additional densities or uses can be considered (either current or in the after condition with sewer) for $1,500 per use. The EPIC personnel will prepare a Final Proportional Benefits Study Report, which summarizes findings from the study, wherein the following minimum criteria will be included and/or evaluated: • Description of methodology and approach. • Physical and economic characteristics of each affected parcel. • Pertinent marketdata and investigation of the environmental, economic, governmental and social forces influencing the subject area. • Current zoning, land use trends, wetland or unusable areas, highest and best use, and other factors influencing market value for each property type or ownership. • Increase in probable market value adhering to each parcel due to the LID project. • The total special benefit attributable to assessable property within the proposed LID. • The assessment ratio or the LID assessment per dollar of special benefit. • The resulting recommended proportionate individual assessment for each parcel ("assessment roll"). Please note that the objective of the proportionate assessment is to assess each property for the Special Benefit gained by the sewer improvements. In no cases will a parcel within a Proportional Assessment be assessed greater than the actual benefit. Whereas the City has the option to perform a separate mathematical assessment, EPIC's final report will not consider the mathematical assessment or frontage assessment. The purpose of EPIC performing the proportionate assessment is to provide independent analysis. Creating Land Solutions for the Public Good I Page 3 of 5 Scope of Services for City of Pasco Project #1800076 — NW Area Sewer LID Special Benefit Analysis Fee Proposal Tasks Not to Exceed Phase 1- Preliminary Special Benefit/Proportionate Assessment Study $15,000 Phase 2 - Final Special Benefits Study Report $25,000 Total Cost $40,000 Assumptions 1. Assumes 3 client meetings, monthly status reports, and related tasks. 2. Assumes scope of work is limited to a Special Benefit Analysis of eight (8) parcels. 3. Assumes preliminary titles reports will be provided by others. 4. Assumes legal descriptions and plat maps will be provided by others. 5. Assumes Phase 1 study will be completed within 60 days of Notice to Proceed from the City, followed by a presentation to City Council. Given the unusual circumstances that we are all facing with the Covid-19 pandemic, this estimate may be affected by circumstances beyond anyone's control. 6. Additional community presentations would be in addition to the fees shown below, billed at the rate of $250 per hour plus travel expenses. 7. The City has the right to discontinue the contract at the conclusion of Phase 1. 8. The City will establish one density and/or land use per parcel in the "current" valuation analysis, and one density and/or land use per parcel in the "with sewer" valuation analysis for seven of the eight properties. It is anticipated that one of the properties in the study area will have four potential uses and/or densities in the "with sewer" analysis. 9. Additional densities or uses can be considered (either current or in the after condition with sewer) for$1,500 peruse. 10. Assumes Phase 2 final report will be completed within 90 days of Notice to Proceed from the City. It is assumed that the Notice to Proceed for Phase 2 will begin after the construction of the NW Sewer Area is complete. Again, given the unusual circumstances that we are all facing with the Covid-19 pandemic, this estimate may be affected by circumstances beyond anyone's control 11. Phase 1 and Phase 2 costs include all direct costs, such as travel and mileage, printing, postage, and real estate data. 12. Assumes Phase 1 and Phase 2 deliverables will be billed separately. Creating Land Solutions for the Public Good I Page 4 of 5 LQ, V u [IJ, I V V Nonstop ARRIVES © 1: 55Pm P DX Portland, OR 2 Passenger, Wanna Get Away VISA VISA Last 4 digits: 8294 CARDHOLDER Sarah Fox AMOUNT APPLIED '275.92 BILLING ADDRESS 1827 NW Doral St McMinnville, OR US 97128 Home > Contact us > Checkin & refund information > Condition of contract > https:/!mobile.southwest.com/air/booking/confirmation 3/25/20, 8:11 AM Page 1 of 2 EPICLAN-01 GOME CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDDIYYYY)3/2512020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer riuhts to the certificate holder in lieu of such endomement(s). PRODUCER �" '" " '-" ' IDA Insurance Services 4370 La Jolla Village Drive Suite 600 San Diego, CA 92122 INSURED Epic Land Solutions, Inc. 2601 Airport Drive Suite 115 Torrance, CA 90505 I a/c No_ e,ne 16191574-6223 50203 a/"c_ Not:(619) 574-6288 1 INSURER F: American Casualty Company of Reading, Pennsylvania COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X 6079231941 10/1/2019 10/1/2020 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 1,000,000 E Ea occurrence $ MED EXP (Any one personI $ 15'000 X Cont Liab/Sev of Int PERSONAL & ADV INJURY $ 1'000'000 MGE''L AGGREGATE LIMIT APPLIES PER: POLICY I—x] zRa F] LOC GENERAL AGGREGATE $ 2'000'000 PRODUCTS-COMPIOP AGG $ 2,000,000 OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY Perperson) $ ANY AUTO X 6079231910 1011/2019 101112020 BODILYBODILY INJURY Per accident $ OWNED SCHEDULED AUTOS ONLY AUTOS Per P.ER nt AMAGE $ X X Affil)ONLY X AUOTO ONL� Autos' Owned $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10'000'000 EXCESS LIAB CLAIMS -MADE 6079231938 10/1/2019 101112020 AGGREGATE 10'000'000 DED X I RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y!N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A 6079231924 1011!2019 10/712020 X STATUTE ER E.L. EACH ACCIDENT 1'000'000 E.L. DISEASE - EA EMPLOYEE 11000'000 Ifyes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 D Prof Liab/Clms Made PGIARK0663203 10/1/2019 10/1/2020 Per Claim 3,000,000 D Ded.: $25K Per Claim PGIARK0663203 10/112019 10/1/2020 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Project #1800076 — NW Area Sewer LID Special Benefit Analysis City of Pasco is Additional Insured with respect to General and Auto Liability per the attached endorsements as required by written contract. Insurance is Primary and Non -Contributory. 30 Days Notice of Cancellation with 10 Days Notice for Non -Payment of Premium in accordance with the policy provisions. City of Pasco 525 North 3rd P.O. Box 293 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE -T" ACORD 25 (2016103) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA Blanket Additional Insured - Owners, Lessees or Contractors -with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, Insured Name: Epi Land Solutions, Inc. A. including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: Primary and Noncontributory Insurance CNA75079XX (10-16) T Policy No.: 6079231941 Page 1 of 2 Insured Name: Epic Land Solutions, Inc. American Casualty Company of Reading, PA Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1 Blanket Additional Insured - Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable. - 1 . racticable:1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Page 2 of 2 American Casualty Company of Reading, PA Policy No.: 6079231941 Insured Name: Epic Land Solutions, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Primary and Noncontributory - Other Insurance Condition Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART It is understood and agreed that the condition entitled Other Insurance is amended to add the following: Primary And Noncontributory Insurance Notwithstanding anything to the contrary, this insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a. the additional insured is a named insured under such other insurance; and b. the Named Insured has agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74987XX (1-15) Page 1 of 1 Policy No: 607923194 Insured Name: Epic Land Solutions, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. WMMAllk Al Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Blanket when required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following: Solely with respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work done under a contract with that person or organization and included in the products -completed operations hazard, All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75008XX (1-15) Page 1 of 1 Policy No: 6079231941 Insured Name: Epic Land Solutions, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: 6079231910 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Epic Land Solutions, Inc. SCHEDULE Name Of Person(s) Or Organization(s): Blanket as required by written contract I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: 6079231910 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Epic Land Solutions, Inc. SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. I Information required to compiete this Schedule if not shown above, will be shown in the Declarations. I The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the 'loss" under a contract with that person or organization. CA 04 4410 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1