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HLA Engineering & Land Surveying, Inc - Amendment #1 for Project Management Service for Transporation Projects (19044)
AMENDMENT NUMBER 1 to PROFESSIONAL SERVICES AGREEMENT Project Management Services AGREEMENT NO. 19044 WHEREAS, the City and HLA Engineering and Land Surveying, Inc. entered into a Professional Services Agreement on 9/13/2019 to provide engineering services with respect to the Project Management Services for the City of Pasco's ongoing Capital Improvement Program proj ects. NOW, THEREFORE, this agreement is amended to allow HLA Engineering and Land Surveying, Inc. to provide additional engineering services as described on Exhibit A. Scope of Work: See Exhibit A 2. Fee: The compensation for the work is based on a Time and Materials Basis not to exceed the amount of $149,000.00 for a contract authorization amount of $299,000.00. See Exhibit B for breakdown of hours. 3. Time of performance: No Change. The services shall be complete for the project on or before 12/31/2020. DATED THIS fh DAY OF /0,, , 2020. r CITY OF PASCO: City o Dave Zabell, City Manager CONSULTANT HLA Engineering d Lan Surveying, Inc. Michael T. Battle, PE, President Amendment No. 1 to Professional Services Agreement (#19044) Page 1 HLA Engineering & Land Surveying, Inc Project Management Services EXHIBIT A SCOPE OF WORK FOR HLA ENGINEERING AND LAND SURVEYING, INC (HLA) Prosect Description: Project Management Services The City of Pasco (City) requests HLA assistance with management of various City projects on a part-time basis. Scope of Services: HLA will continue to provide general project management services, operating as an extension of staff. This work includes leading and tracking assigned City projects including budgets and schedules, performing review of engineering plans, specifications, opinions of costs, and coordinating with project design teams, including outside consultants, and reporting to CIP Manager and staff. Assumptions: 1. HLA will provide up to twenty (20) hours per week of project management services on an as - requested basis. 2. Service will be provided primarily from HLA offices, and secondarily from Pasco City Hall. 3. HLA will be resident to Pasco City Hall up to one (1) day per week. 4. Of the twenty (20) hours, HLA will send up to three (3) hours per week traveling to and from Pasco City Hall. 5. Deliverables and work efforts will be in collaboration with City staff. 6. City will provide office space, internet connection, and access to City server as required. 7. HLA will provide a laptop, vehicle, and cell phone. Time of Performance: The dates for this PSA will continue to remain in effect through 12/31/2020 following approval, and that project management services will be conducted for various projects, as directed by the City. Fp.,-. for Servires- All work shall be performed on a time -spent basis at the normal billing rates provided by HLA (Exhibit B) plus reimbursement for direct non -salary expenses such as travel, with a new maximum amount of $299,000.00 ($150,000 original PSA & $149,000 amendment). This maximum may be revised only by written agreement of both parties. A work hour breakdown shall be provided for each invoice submitted for payment. EXHIBIT B SCHEDULE OF RATES FOR HLA ENGINEERING AND LAND SURVEYING, INC. Effective January 1, 2020, through December 31, 2020 Senior Principal Engineer $215.00 per hour Licensed Principal Land Surveyor $207.00 per hour Licensed Principal Engineer $193.00 per hour Licensed Professional Engineer $175.00 per hour Other Licensed Professional $175.00 per hour Licensed Professional Land Surveyor $160.00 per hour Project Engineer $145.00 per hour Senior Planner $132.00 per hour Contract Administrator $132.00 per hour CAD Technician $127.00 per hour Resident Engineer/Inspector $119.00 per hour Senior Engineering Technician $119.00 per hour Surveyor $119.00 per hour Surveyor on Two Man Crew $113.00 per hour Surveyor on Three Man Crew $101.00 per hour Engineering Technician $84.00 per hour Word Processing Technician $84.00 per hour Vehicle Mileage Federal Rate HUIBLOU-01 CMCKINNI ACOROA DATE (MM/DDNYYY) CERTIFICATE OF LIABILITY INSURANCE 10/2/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Chanda McKinney NAME - Hub International Northwest LLC PO Box 1279 (A c°°,N o, Ext): (509) 765-3424 nlc, N,):(866) 332-7487 Moses Lake, WA 98837 nDORIESS: chanda.mckinney@hubinternational.com INSURED HLA Engineering & Land Surveying, Inc. 2803 River Road Yakima, WA 98902 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 LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TORENTED$ 500,000 c-1MED CLAIMS -MADE I X I OCCUR X EPP0405359 10/1/2019 1011/2020 EXP Any one Person I $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2'000'000 PRODUCTS -COMPIOPAGG $ 2,000,000 POLICY jE� F] LOC OTHER: WA STOP GAP $ 1,000,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 accident BODILY INJURY Per person)$ X ANY AUTO EBA0405359 10/1/2019 10/1/2020 BODILY INJURY Per accident OWNED SCHEDULED AUTOS ONLY AUTOS PCE AMAGE Per accident HIRED ONLY AU OS ONLY UMBRELLALIABOCCUR HCLAIMS-MADE EACH OCCURRENCE AGGREGATE $ EXCESSLIAB DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN N EXCLUDED? ECUTIVE PER ETH - E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ OFFICEWMEMBER ❑ (Mandatory In NH) N /A E.L. DISEASE - POLICY LIMIT ¢ If yes, describe under DESCRIPTION OF OPERATIONS below B Professional Liabili NE4241947.19 10/1/2019 10/1/2020 Per Occurrence 2,000,000 B Professional Liabili NE4241947.19 10/1/2019 10/1/2020 Aggregate 3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Agreement No. 19044 - Project Management Services City of Pasco is included as additional insured on a primary and noncontributory basis, 30 day notice of cancellation applies. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016103) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit Of P8SC0 Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 293 Pasco, WA 99301 AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD HUIBLOU-01 CMCKINNEY ACORO` �� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 8/28/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME'Chanda McKinney Hub International Northwest LLC P.O. Box 2945 (A/CNNo, Ext): (509) 248-2672 FVC, No :(866) 332-7487 Yakima, WA 98901 ADOAIEs • chanda.mckinney@hubinternational.com INSURED HLA Engineering & Land Surveying, Inc. 2803 River Road Yakima, WA 98902 COVERAGES [`FRTIFIrATF N[IMRFR- 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 PO ICY EFF POLICY EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F_X] OCCUR X EPP0405359 10/112018 10/1/2019 EACH OCCURRENCE $ 1,000,000 DAMAGE TMISESO RENTED occurrence)$ 500,000 MED EXP (Any one erson $ 10,000 PERSONAL & ADV INJURY $ 1'000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY [xl jED, F]LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 A AUTOMOBILE LIABILITY X ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS AUTOS ONLY AUOTOS ONLD EBA0405359 101112018 10/1/2019 COMBINED SINGLE LIMIT 1,000,000 accident) BODILY INJURY Perperson) BODILY INJURY Per accident ROPEF:TY MAGE Per accident UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE AGGREGATE DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE Y� FFICER/MEMBER EXCLUDED? Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA EPP0405359 101112018 10/1/2019 PERTUTE OTH- 1,000,000 E.L. EACH ACCIDENT 1,000,000 E.L. DISEASE - EA EMPLOYE 1,000,000 E.L. DISEASE - POLICY LIMIT B Professional Liabili B Professional Liabili CE18MPLO9123ONC CE18MPLO9123ONC 1011/2018 101112018 10/1/2019 101112019 Per Occurence 2,000,000 Aggregate 3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Agreement No. 19044 - Project Management Services City of Pasco is included as additional insured on a primary and noncontributory basis, 30 day notice of cancellation applies. Professional Liability policy (claims made) aggregate limit: $3,000,000. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of PdSCO THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 293 Pasco, WA 99301 AUTHORIZED �REPRESENTATIVE t/r"""'�c �/i►"4pgZ ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement - Table of Contents: Coverage: Begins on Pa e. 1. Employee Benefit Liability Coverage..................................................................................................2 2. Unintentional Failure to Disclose Hazards.........................................................................................7 3. Damage to Premises Rented to You................................................................................................. 7 4. Supplementary Payments..................................................................................................................9 5. Medical Payments..............................................................................................................................9 6. 180 Day Coverage for Newly Formed or Acquired Organizations..................................................... 9 7. Waiver of Subrogation.......................................................................................................................9 8. Automatic Additional Insured - Specified Relationships:..................................................................9 • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; and • State or Political Subdivisions - Permits Relating to Premises 9. Property Damage to Borrowed Equipment......................................................................................12 10. Employees as Insureds - Specified Health Care Services: ............................................................12 • Nurses; • Emergency Medical Technicians; and • Paramedics 11. Broadened Notice of Occurrence.....................................................................................................12 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorsement, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 9. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 GA 210 02 07 Page 1 of 12 C. Coverages 1. Employee Benefit Liability Coverage a. The following is added to SECTION - COVERAGES: Employee Benefit Liability Coverage. (1) Insuring Agreement (a) We will pay those sums that the insured becomes legally obligated to pay as damages caused by any act, error or omission of the insured, or of any other person for whose ads the insured is le- gally liable, to which this in- surance applies. We will have the right and duty to defend the insured against any "suit' seeking those damages. However, we will have no duty to defend against any "suit' seeking damages to which this in- surance does not apply. We may, at our discretion, inves- tigate any report of an ad, error or omission and settle any claim or "suit" that may result. But: 1) The amount we will pay for damages is limited as described in SEC- TION III - LIMITS OF INSURANCE; and 2) Our right and duty to de- fend ends when we have used up the appli- cable limit of insurance in the payment of judg- ments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Pay- ments. (b) This insurance applies to damages only if the ad, er- ror or omission, is negli- gently committed in the "administration" of your "em- ployee benefit program"; and 1) Occurs during the policy period; or 2) Occurred prior to the ef- fective date of this en- dorsement provided: a) You did not have knowledge of a claim or "suit' on or before the effective date of this en- dorsement. You will be deemed to have knowledge of a claim or "suit" when any "author- ized representa- tive''-, Reports all, or any part, of the ad, error or omission to us or any other insurer; ii) Receives a written or ver- bal demand or claim for dam- ages because of the act, er- ror or omis- sion; and b) There is no other applicable insur- ance. (2) Exclusions This insurance does not apply to: (a) Bodily Injury, Property Damage or Personal and Advertising Injury "Bodily injury", "property damage" or "personal and advertising ir>jury". (b) Dishonest, Fraudulent, Criminal or Malicious Act Damages arising out of any intentional, dishonest, fraudulent, criminal or mali- cious ad, error or omission, committed by any insured, including the willful or reck- less violation of any statute. (c) Failure to Perform a Con- tract Damages arising out of fail- ure of performance of con- tract by any insurer. (d) Insufficiency of Funds Damages arising out of an insufficiency of funds to GA 210 02 07 Page 2 of 12 GA 210 02 07 meet any obligations under (j) Employment -Related Prac- any plan included in the tices "employee benefit program". Any liability arising out of (e) Inadequacy of Perform- any: ance of Investment / Ad- vice Given With Respect (1) Refusal to employ; to Participation (2) Termination of employ - Any claim based upon: ment; 1) Failure of any invest- (3) Coercion, demotion, ment to perform; evaluation, reassign- ment, discipline, defa- 2) Errors in providing in- mation, harassment, formation on past per- humiliation, discrimina- formance of investment tion or other employ - vehicles; or ment-related practices, acts or omissions; or 3) Advice given to any person with respect to (4) Consequential liability that person's decision to as a result of (1), (2) or participate or not to par- (3) above. ticipate in any plan in- "employee This exclusion applies cluded in the whether the insured may be benefit program". held liable as an employer or (f) Workers' Compensation in any other capacity and to and Similar Laws any obligation to share dam - ages with or repay someone An claim arising out of our Y 9 Y else who must pay damages failure to comply with the because of the injury. mandatory provisions of any workers' compensation, un- (3) Supplementary Payments employment compensation insurance, social security or SECTION I - COVERAGES, disability benefits law or any SUPPLEMENTARY PAYMENTS similar law. - COVERAGES A AND B also apply to this Coverage. (g) ERISA b. Who is an Insured Damages for which any in- sured is liable because of li- As respects Employee Benefit Liability ability imposed on a fiduciary Coverage, SECTION II -WHO IS AN by the Employee Retirement INSURED is deleted in its entirety and Income Security Act of 1974, replaced by the following: as now or hereafter (1) If you are designated in the Dec - amended, or by any similar larations as: federal, state or local laws. (a) An individual, you and your h () Available Benefits spouse are insureds, but Any claim for benefits to the only with respect to the con - extent that such benefits are duct of a business of which available, with reasonable you are the sole owner. effort and cooperation of the (b) A partnership or joint ven- insured, from the applicable ture, you are an insured. funds accrued or other col- Your members, your part- lectible insuranoe. ners, and their spouses are (i) Taxes, Fines or Penalties also insureds but only with respect to the conduct of Taxes, fines or penalties, in- your business. cluding those imposed under the Internal Revenue Code (c) A limited liability company, or any similar state or local you are an insured. Your law. members are also insureds, but only with respect to the conduct of your business. Your managers are insur- Page 3 of 12 eds, but only with respect to c. Limits of Insurance their duties as your manag- As respects Employee Benefit Liability ers. Coverage, SECTION III - LIMITS OF (d) An organization other than a INSURANCE is deleted in its entirety partnership, joint venture or and replaced by the following: limited liability company, you Section B. Limits of Insurance, are an insured. Your "ex- (1) The Limits of Insurance shown in ecutive officers" and direc- Section B. Limits of Insurance, tors are insureds, but only 1. Employee Benefit Liability with respect to their duties Coverage and the rules below fix as your officers or directors. the most we will pay regardless Your stockholders are also of the number of: insureds, but only with re- (a) Insureds; spect to their liability as (3) Subject to the limit described in stockholders. (b) Claims made or "suits" (c) Your legal representative if brought; (e) A trust, you are an insured. of Insurance, 1. Employee Your trustees are also insur- (c) Persons or organizations eds, but only with respect to making claims or bringing their duties as trustees. "suits"; (2) Each of the following is also an (d) Acts, errors or omissions; or insured: (e) Benefits included in your (a) Each of your "employees" "employee benefit program". who is or was authorized to administer your "employee (2) The Aggregate Limit shown in benefit program". Section B. Limits of Insurance, 1. Employee Benefit Liability (b) Any persons, organizations Coverage of this endorsement is or "employees" having the most we will pay for all dam - proper temporary authoriza- ages because of acts, errors or tion to administer your "em- omissions negligently committed ployee benefit program" if in the "administration" of your you die, but only until your "employee benefit program". legal representative is ap- pointed. (3) Subject to the limit described in (2) above, the Each Employee (c) Your legal representative if Limit shown in Section B. Limits you die, but only with respect of Insurance, 1. Employee to duties as such. That rep- Benefit Liability Coverage of resentative will have all your this endorsement is the most we rights and duties under this will pay for all damages sus - Coverage Part. tained by any one "employee", including damages sustained by (3) Any organization you newly ac- suchemployee's" dependents quire or form, other than apart- and beneficiaries, as a result of: nershi joint venture or limited P� liability company, and over which (a) An act, error or omission; or you maintain ownership or major- ity interest, will qualify as a (b) A series of related ads, er- Named Insured if no other similar rors or omissions, regard - insurance applies to that organi- less of the amount of time zation. However, coverage un- that lapses between such der this provision: acts, errors or omissions, (a) Is afforded only until the negligently committed in the "em 180th day after you acquire "administration" of your - or form the organization or ployee benefit program". the end of the policy period, However, the amount paid under whichever is earlier; and this endorsement shall not ex - (b) Does not apply to any ad, ceed, and will be subject to the error or omission that was limits and restrictions that apply committed before you ac- to the payment of benefits in any quired or formed the organi- plan included in the "employee zation. benefit program". GA 210 02 07 Page 4 of 12 (4) Deductible Amount a. You must see to it that we are notified as soon (a) Our obligation to pay dam- as practicable of an act, ages on behalf of the in- error or omission which sured applies only to the may result in a claim. amount of damages in ex- To the extent possible, cess of the deductible notice should include: amount stated in the Decla- rations as applicable to Each (1) What the act, error Employee. The limits of in- or omission was surance shall not be reduced and when it oc- by the amount of this de- curred; and ductible. (2) The names and (b) The deductible amount addresses of any - stated in the Declarations one who may suf- applies to all damages sus- fer damages as a tained by any one "em- result of the act, er- ployee", including such "em- ror or omission. ployee's" dependents and beneficiaries, because of all b. If a claim is made or acts, errors or omissions to "suit" is brought against which this insurance applies. any insured, you must: (c) The terms of this insurance, (1) Immediately record including those with respect the specifics of the to: claim or "suit" and the date received; 1) Our right and duty to de- and fend the insured against any "suits" seeking (2) Notify soon able. those damages; and as practpracticable.ti 2) Your duties, and the du- You must see to it that ties of any other in- we receive written no - volved insured, in the tice of the claim or "suit" event of an act, error or as soon as practicable. omission, or claim, c. You and any other in - apply irrespective of the ap- volved insured must: plication of the deductible (1) Immediately send amount. us copies of any (d) We may pay any part or all demands, notices, of the deductible amount to summonses or le - effect settlement of any gal papers re- claim or "suit' and, upon no- ceived in connec- tification of the action taken, tion with the claim you shall promptly reimburse or "suit; us for such part of the de- (2) Authorize us to ob- ductible amount as we have tain records and paid. other information; d. Additional Conditions (3) Cooperate with us As respects Employee Benefit Li- in the investigation ability Coverage, SECTION IV - or settlement of the COMMERCIAL GENERAL LIABIL- claim or defense ITY CONDITIONS is amended as fol- against the "suit'; lows: and (1) Item 2. Duties in the Event of (4) Assist us, upon our Occurrence, Offense, Claim or request, in the en - Suit is deleted in its entirety and forcement of any replaced by the following: right against any person or organi- 2. Duties in the Event of an zation which may Act, Error or Omission, or be liable to the in - Claim or Suit sured because of GA 210 02 07 Page 5 of 12 an act, error or c. No Coverage omission to which this insurance may This insurance shall not also apply. cover any loss for which the insured is entitled to d. No insured will, except recovery under any at that insured's own other insurance in force cost, voluntarily make a previous to the effective payment, assume any date of this Coverage obligation, or incur any Part. expense without our consent. e. Additional Definitions (2) Item 5. Other Insurance is de- As respects Employee Benefit Li- leted in its entirety and replaced ability Coverage, SECTION V - by the following: DEFINITIONS is amended as follows: 5. Otherinsurance (1) The following definitions are added: If other valid and collectible insurance is available to the 1. Administration" means: insured for a loss we cover a. Providing information to under this Coverage Part, "employees", including our obligations are limited as their dependents and follows: beneficiaries, with re - a. Primary Insurance spect to eligibility for or "employee scope of This insurance is pri- benefit programs-, mary except when c. below applies. If this in- b. Interpreting the "em- surance is primary, our ployee benefit pro - obligations are not af- grams", fected unless any of the c. Handling records in other insurance is also connection with the primary. Then, we will "employee benefit pro - share with all that other grams"; or insurance by the method described in b. d. Effecting, continuing or below. terminating any "em - ployeeV' participation in b. Method of Sharing 9 any benefit included in If all of the other insur- the "employee benefit ance permits contribu- program". tion by equal shares, we However, "administration" will follow this method does not include: also. Under this ap- proach each insurer a. Handling payroll deduc- contributes equal tions; or amounts until it has paid b. The failure to effect or its applicable limit of in- surance or none of the maintain any insurance loss remains, whichever or adequate limits of comes first. coverage of insurance, including but not limited If any of the other insur- to unemployment insur- ance does not permit ance, social security contribution by equal benefits, workers' com- shares, we will contrib- pensation and disability ute by limits. Under this benefits. method, each insurer's share is based on the 2. "Cafeteria plans" means ratio of its applicable plans authorized by applica- limit of insurance to the ble law to allow "employees" total applicable limits of to elect to pay for certain insurance of all insur- benefits with pre-tax dollars. ers. GA 210 02 07 Page 6 of 12 3. "Employee benefit pro- grams" means a program providing some or all of the following benefits to "em- ployees", whether provided through a "cafeteria plan" or otherwise: a. Group life insurance; group accident or health insurance; dental, vision and hearing plans; and flexible spending ac- counts; provided that no one other than an "em- ployee" may subscribe to such benefits and such benefits are made generally available to those "employees" who satisfy the plan's eligibil- ity requirements; b. Profit sharing plans, employee savings plans, employee stock ownership plans, pen- sion plans and stock subscription plans, pro- vided that no one other than an "employee" may subscribe to such bene- fits and such benefits are made generally available to all "employ- ees" who are eligible under the plan for such benefits; c. Unemployment insur- ance, social security benefits, workers' com- pensation and disability benefits; and d. Vacation plans, includ- ing buy and sell pro- grams; leave of ab- sence programs, includ- ing military, maternity, family, and civil leave; tuition assistance plans; transportation and health club subsidies. (2) The following definitions are de- leted in their entirety and re- placed by the following: 21. "Suit" means a civil proceed- ing in which money dam- ages because of an act, er- ror or omission to which this insurance applies are al- leged. "Suit" includes: a. An arbitration proceed- ing in which such dam- ages are claimed and to which the insured must submit or does submit with our consent; b. Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the insured submits with our con- sent; or c. An appeal of a civil pro- ceeding. 8. "Employee" means a person actively employed, formerly employed, on leave of ab- sence or disabled, or retired. Employee" includes a 'leased worker". "Em- ployee" does not include a "temporary worker". 2. Unintentional Failure to Disclose Haz- ards SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 7. Representa- tions is hereby amended by the addition of the following: Based on our dependence upon your rep- resentations as to existing hazards, if un- intentionally you should fail to disclose all such hazards at the inception date of your policy, we will not reject coverage under this Coverage Part based solely on such failure. 3. Damage to Premises Rented to You a. The last Subparagraph of SECTION - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions is hereby deleted and replaced by the following: Exclusions c. through q. do not apply to damage by fire, explosion, light- ning, smoke or soot to premises while rented to you or temporarily occupied by you with permission of the owner. b. The insurance provided under SEC- TION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY applies to "property damage" arising out of water damage to premises that are both rented to and occupied by you. (1) As respects Water Damage Le- gal Liability, as provided in Para- graph 3.b. above: GA 210 02 07 Page 7 of 12 The exclusions under SECTION I a) Foundations, walls, - COVERAGES, COVERAGE A floors or paved sur - BODILY INJURY AND PROP- faces; ERTY DAMAGE LIABILITY, 2. Exclusions, other than i. War b) Basements, and the Nuclear Energy Liabil- whether paved or ity Exclusion, are deleted and not; or the following are added: c) Doors, windows or This insurance does not apply to: other openings. (a) "Property damage": (c) Loss caused by or resulting rectly by any of the following: from water that leaks or 1) Assumed in any con- flows from plumbing, heat - tract; or ing, air conditioning, or fire eruption, landslide or protection systems caused 2 Loss caused b Y or re- by or resulting from freezing, sulting from any of the unless: following: Rented to You Limit is the 2) Water that backs up or 1) You did your best to a Wear and tear; maintain heat in the b) Rust, corrosion, building or structure; or fungus, decay, de- 2) You drained the equip- terioration, hidden ment and shut off the or latent defect or water supply if the heat any quality in prop- was not maintained. erty that causes it porarily occupied by you with to damage or de- (d) Loss to or damage to: stroy itself; 1) Plumbing, heating, air c) Smog; conditioning, fire protec- tion systems, or other equipment or appli- down including rup- ances; or ture or bursting caused by cen- 2) The interior of any build- trifugal force; ing or structure, or to personal property in the e) Settling, cracking, building or structure shrinking or ex- caused by or resulting pansion; or from rain, snow, sleet or f) Nesting or infesta- ice, whether driven by tion, or discharge wind or not. or release of waste c. Limit of Insurance products or secre- tions, by insects, The Damage to Premises Rented to birds, rodents or You Limit as shown in the Declara- other animals. tions is amended as follows: (b) Loss caused directly or indi- (2) Paragraph 6. of SECTION III - rectly by any of the following: LIMITS OF INSURANCE is hereby deleted and replaced by 1 Earthquake, volcanic q the following: eruption, landslide or any other earth move- 6. Subject to 5. above, the ment; Damage to Premises Rented to You Limit is the 2) Water that backs up or most we will pay under overflows from a sewer, COVERAGE A BODILY IN - drain or sump; JURY AND PROPERTY 3) Water under the ground DAMAGE LIABILITY for "prop surface pressing on, or damages because of - flowing or seeping erty damage" to premises through: while rented to you or tem- porarily occupied by you with permission of the owner, arising out of any one "oc- GA 210 02 07 Page 8 of 12 currence" to which this in- surance applies. (3) The amount we will pay is limited as described in Section B. Limits of Insurance, 3. Damage to Premises Rented to You of this endorsement. 4. Supplementary Payments Under SECTION I - COVERAGE, SUP- PLEMENTARY PAYMENTS - COVER- AGES AAND B: a. Paragraph 2. is replaced by the fol- lowing: Up to the limit shown in Section B. Limits of Insurance, 4.a. Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap- plies. We do not have to furnish these bonds. b. Paragraph 4. is replaced by the fol- lowing: All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to the limit shown in Sec- tion B. Limits of Insurance, 4.b. Loss of Earnings of this endorsement per day because of time off from work. 5. Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits of Insurance, 5. Medical Pay- ment of this endorsement. 6. 180 Day Coverage for Newly Formed or Acquired Organizations SECTION II - WHO IS AN INSURED is amended as follows: Subparagraph a. of Paragraph 4. is hereby deleted and replaced by the following: a. Insurance under this provision is af- forded only until the 180th day after you acquire or form the organization or the end of the policy period, which- ever is earlier; 7. Waiver of Subrogation SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 9. Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongo- ing operations or "your work" done under a written contract requiring such waiver with that person or organization and included in the "products -completed operations haz- ard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to im- pair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. 8. Automatic Additional Insured - Speci- fied Relationships a. The following is hereby added to SECTION II -WHO IS AN INSURED: (1) Any person or organization de- scribed in Paragraph 8.a.(2) be- low (hereinafter referred to as additional insured) whom you are required to add as an additional insured under this Coverage Part by reason of: (a) A written contract or agree- ment; or (b) An oral agreement or con- tract where a certificate of insurance showing that per- son or organization as an additional insured has been issued, is an insured, provided: (a) The written or oral contract or agreement is: 1) Currently in effect or becomes effective dur- ing the policy period; and 2) Executed prior to an "occurrence" or offense to which this insurance would apply; and (b) They are not specifically named as an additional in- sured under any other provi- sion of, or endorsement added to, this Coverage Part. (2) Only the following persons or or- ganizations are additional insur- eds under this endorsement, and insurance coverage provided to GA 210 02 07 Page 9 of 12 such additional insureds is lim- a) "Bodily injury" or ited as provided herein: "property damage" for which the ven- (a) The manager or lessor of a dor is obligated to premises leased to you with pay damages by whom you have agreed per reason of the as - Paragraph 8.a.(1) above to sumption of liability provide insurance, but only in a contract or with respect to liability aris- agreement. This ing out of the ownership, exclusion does not maintenance or use of that apply to liability for part of a premises leased to damages that the you, subject to the following vendor would have additional exclusions: in the absence of This insurance does not ap- the contract or ply to: agreement; 1) Any "occurrence" which b) Any express war - takes place after you ranty unauthorized cease to be a tenant in by you; that premises. c) Any physical or 2) Structural alterations, chemical change in new construction or the product made demolition operations intentionally by the performed by or on be- vendor; half of such additional d) Repackaging, un- insured. less unpacked (b) Any person or organization solely for the pur- from which you lease pose of inspection, equipment with whom you demonstration, testing, or the sub - have agreed per Paragraph stitution of parts 8.a.(1) above to provide in- under instructions surance. Such person(s) or from the manufac- organization(s) are insureds turer, and then re - solely with respect to their li- packaged in the ability arising out of the original container; maintenance, operation or use by you of equipment e) Any failure to make leased to you by such per- such inspections, son(s) or organ izaticn (s). adjustments, tests However, this insurance or servicing as the does not apply to any "oc- vendor has agreed currence" which takes place to make or nor - after the equipment lease mally undertakes expires. to make in the (c) Any person or organization usual course of business, in con - (referred to below as vendor) nection with the with whom you have agreed distribution or sale per Paragraph 8.a.(1) above of the products; to provide insurance, but only with respect to "bodily f) Demonstration, in - injury" or "property damage" stallation, servicing arising out of "your products" or repair opera - which are distributed or sold tions, except such in the regular course of the operations per - vendor's business, subject to formed at the ven- the following additional ex- dor's premises in clusions: connection with the 1) The insurance afforded sale of the product; the vendor does not ap- g) Products which, af- ply to: ter distribution or sale by you, have GA 210 02 07 Page 10 of 12 been labeled or re- elevators covered by labeled or used as this insurance. a container, part or ingredient of any (3) Any insurance provided to an ad- other thing or sub- ditional insured designated under stance by or for the Paragraph 8.a.(2) Subpara- vendor. graphs (a), (b) and (d) does not apply to "bodily injury", "property 2) This insurance does not damage" or "personal and adver- apply to any insured tising injury' arising out of the person or organization: sole negligence or willful miscon- duct of the additional insured or a) From whom you their agents, "employees" or any have acquired other representative of the addi- such products, or tional insured. any ingredient, part or container, enter- b. SECTION IV - COMMERCIAL GEN- ing into, accompa- ERAL LIABILITY CONDITIONS is nying or containing hereby amended as follows: such products; or Condition 5. Other Insurance is b) When liability in- amended to include: cluded within the "products- (1) Where required by a written con- completed opera- tract or agreement, this insur- tions hazard" has ance is primary and / or noncon- been excluded un- tributory as respects any other der this Coverage insurance policy issued to the Part with respect to additional insured, and such such products. other insurance policy shall be excess and / or noncontributing, (d) Any state or political subdivi- whichever applies, with this in- sion with which you have surance. agreed per Paragraph 8.a.(1) above to provide in- (2) Any insurance provided by this surance, subject to the fol- endorsement shall be primary to lowing additional provision: other insurance available to the additional insured except: This insurance applies only with respect to the following (a) As otherwise provided in hazards for which the state SECTION IV - COMMER- or political subdivision has CIAL GENERAL LIABILITY issued a permit in connec- CONDITIONS, 5. Other In- tion with premises you own, surance, b. Excess Insur- rent or control and to which ance; or this insurance applies: (b) For any other valid and col- 1) The existence, mainte- lectible insurance available nance, repair, oonstruc- to the additional insured as tion, erection, or re- an additional insured by at- moval of advertising tachment of an endorsement signs, awnings, cano- to another insurance policy pies, cellar entrances, that is written on an excess coal holes, driveways, basis. In such case, the manholes, marquees, coverage provided under hoist away openings, this endorsement shall also sidewalk vaults, street be excess. banners, or decorations g, Property Damage to Borrowed Equip- and similar exposures; ment or a. The following is hereby added to Ex- 2 The construction, erec- clusion j. Damage to Property of tion, or removal of ele- Paragraph 2., Exclusions of SEC- vators; or TION I - COVERAGES, COVERAGE 3) The ownership, mainte- A. BODILY INJURY AND PROP- nance, or use of any ERTY DAMAGE LIABILITY. GA 210 02 07 Page 11 of 12 Paragraphs (3) and (4) of this exdu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform operations at the time of loss. b. With respect to the insurance pro- vided by this section of the endorse- ment, the following additional provi- sions apply: (1) The Limits of Insurance shown in the Declarations are replaced by the limits designated in Section B. Limits of Insurance, 9. Property Damage to Borrowed Equipment of this endorsement with respect to coverage pro- vided by this endorsement. These limits are inclusive of and not in addition to the limits being replaced. The Limits of Insur- ance shown in Section B. Limits of Insurance, 9. Property Dam- age to Borrowed Equipment of this endorsement fix the most we will pay in any one "occurrence" regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bring "suits". (2) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the deductible amount stated in Section B. Limits of Insur- ance, 9. Property Damage to Borrowed Equipment of this endorsement. The limits of insurance will not be re- duced by the application of such deductible amount. (b) SECTION IV - COMMER- CIAL GENERAL LIABILITY CONDITIONS, 2. Duties in the Event of Occurrence, Offence, Claim or Suit, ap- plies to each claim or "suit" irrespective of the amount. (c) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reimburse us for such part of the de- ductible amount as has been paid by us. 10. Employees as Insureds - Specified Health Care Services It is hereby agreed that Paragraph 2.a.(1)(d) of SECTION II - WHO IS AN INSURED, does not apply to your "em- ployees" who provide professional health care services on your behalf as duly li- censed: a. Nurses; b. Emergency Medical Technicians; or c. Paramedics, in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place. 11. Broadened Notice of Occurrence Paragraph a. of SECTION IV - COM- MERCIAL GENERAL LIABILITY CONDI- TIONS, 2. Duties in the Event of Occur- rence, Offence, Claim or Suit is hereby deleted and replaced by the following: a. You must see to it that we are notified as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, no- tice should include: (1) How, when and where the "oc- currence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any in- jury or damage arising out of the "occurrence" or offense. This requirement applies only when the "occurrence" or offense is known to an "authorized representative". GA 210 02 07 Page 12 of 12 Memo To: File From: Dan Ford, PE — City Engineer CC: Date: September 3, 2019 Cit Of 04W�% Y ,IJ vxSco Re: MRSC Consultant Roster Selection: Project Management Services Per the City of Pasco Purchasing Policy and Procedures section 5.3 `Purchases of Architects and Engineering Services' is a Qualifications Based Selection (QBS) process. The City used the Municipal Research Services Center (MRSC) Consultant Roster for this selection. The dollar threshold needed for this competitive process fell between the $50,000 - $300,000 thresholds. The City then reviewed five (5) firms Statements of Qualifications (SOQ's) that were submitted from firms to MRSC. From MRSC consultant Roster: Main -Category: Engineering Services; Miscellaneous Services Sub -Categories: Civil Engineering & Transportation/Traffic; Project Management Firms Reviewed: DKS Associates Gray and Osborne HLA Engineering and Land Surveying, Inc. J -U -B Engineers, Inc. WSP In an effort to continue to provide project management services support for inadequate staff the City sought to select a firm to provide said services. All of the firms SOQ's were reviewed thoroughly for needed Project Management Services based upon Civil Engineering and Transportation/Traffic. After reviewing all five (5) firms the City selected it was apparent that all five (5) had experience working in these categories and are all capable to complete these services adequately, however, it was apparent that HLA Engineering and Land Surveying, Inc. was the most highly qualified firm to provide these services for the City of Pasco. Therefore HLA Engineering and Land Surveying, Inc. was selected as the most highly qualified firm to provide Project Management Services for the City of Pasco. CITY OF PASCO INFORMATIONAL COVER SHEET FOR DOCUMENTS REQUIRING CITY MANAGER SIGNATURE (Print on Blue Paper when completed.) Project Name: Proiect Management Services Date: 4/28/2020 Vendor Name: HLA Engineering and Land Surveying, Inc. Contract Number: 19044 G/L Account #: 367.90.650-56.65,t6 Amount seeking approval for, $149,000 CONTRACT OVER 100,000 DIVISION: ❑ Administration ® Engineering-CIP ❑ Operations ❑ Sewer ❑ Water ❑ Irrigation ❑ Treatment Plants ❑ Reuse ❑ Other AGREEMENT TOPIC & BACKGROUND: Amendment No. 1 — Project Management Services HLA was selected off of the MRSC Consultant Roster in September 2019 to provide general project management services for the City of Pasco (memo attached). In this amendment, HLA will continue to provide general project management services for transportation projects, operating as an extension of City staff. This work will continue to include leading and tracking assigned City projects including budgets and schedules, performing review of engineering plans, specifications, opinions of cost, and coordinating with project design teams, including outside consultants, and reporting to the CIP Manager and Public Works Director. CONTRACT SELECTION PROCESS: ® Consultant Roster ❑ RFQ ❑ Formal Bid ❑ Small Works Roster ❑ Negotiated ❑ N/A or Other BUDGET/FINANCIAL IMPACTS: Original PSA was $950.000. This Amendment is for $149,000, for a total of $299,000 XXX Grant $ Preliminary Engineering (PE) $299,000 City Match $ Right -of -Way (R1.iV) $ City Funds — 367 $299,000 Construction (CN) $ Total Funds Available $299,000 Total Est. Expenditures $299,000 CONTRACT EXPIRATION DATE: 12/31/2020 INSURANCE EXPIRATION DATE: 10/1/2020 ® Council action needed for future renewal Project Manager Date CI Manager 15ate ❑ Fedgpal,debarment;syspensioq requirements met ❑ N/A ❑ Contract language ❑ Insurancivcoverage reviewed ❑ Performance & payment bond approval ATTACHMENTS: - Two (2) Original Partially Executed Amendment's o Scope of Work & 2020 Rate Schedule - Copy of Memo for Selection Process N6 Finance Director Date ❑ Funding source approval DOCUMENT DISTRIBUTION AFTER SIGNED: • Original to City Clerk with copy of blue sheet • Original to vendor • Copy to Public Works Department