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HomeMy WebLinkAboutAG-C-535 Agreement for Professional Services with PACE AGREEMENT FOR PROFESSIONAL SERVICES AG-C-535 THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a Washington Municipal Corporation ("CITY") and PACE whose address is 11255 Kirkland Way Suite 300, Kirkland WA 98033, ("CONSULTANT.") In consideration of the covenants and conditions of this Agreement, the parties agree as follows: 1. SCOPE OF WORK. The CONSULTANT, on a project basis, will be given individual task assignments (see Exhibit A, Sample Task Assignment) for engineering services related to utility facilities and systems. These task assignments will describe the work to be completed, completion dates, and compensation amount. An approved task assignment shall be required between the CONSULTANT and the City prior to commencing any work for any individual task. 2. TIME FOR PERFORMANCE, TERM AND TERMINATION OF AGREEMENT. The Provider will not begin any work under this Agreement until authorized in writing by the City. The term of this Agreement commences on the later date of the Parties execution of this Agreement, as reflected on the signature page. The Provider will perform the services in accordance with the direction and scheduling provided on Exhibit "A", unless otherwise agreed to in writing by the parties. All work performed under this Agreement will be completed by December 31, 2021. Termination for cause. Either party may terminate this Agreement and/or any task assignments upon written notice to the other party if the other party fails substantially to perform in accordance with the terms of this Agreement through no fault of the party Agreement for Professional Services AG-C-535 ENG-181, Revised 10/20 November 9, 2020 Page 1 of 12 terminating the Agreement. The notice will identify the reason(s) for termination, and specify the effective date of termination. In the event of a default by Provider, City may suspend all payments otherwise due to Provider and the City will have no further obligations to Provider. Termination for Convenience. The City may terminate this Agreement and/or any task assignments upon not less than seven (7) days written notice, which shall contain the effective date of termination, to the Provider. If this Agreement is terminated through no fault of the Provider, the Provider will be compensated for services performed prior to termination in accordance with the rate of compensation provided in Exhibit "B". This payment shall fully satisfy and discharge the City of all obligations and liabilities owed the Provider, who shall not be liable for any anticipated profits or other consequential damages resulting from the termination. Upon receipt of a termination notice, the Provider will promptly discontinue all services affected and deliver to the City all data, drawings, specifications, reports, summaries, and such other information and materials as the provider may have accumulated, prepared, or obtained in performing this Agreement, whether fully or partially completed. All rights and remedies provided in this Section are not exclusive of any other rights or remedies that may be available to the City, whether provided by Law, equity, in any other agreement between the parties or otherwise. 3. COMPENSATION. The CONSULTANT shall be paid by the CITY based on the fees included for each individual approved task assignment. These fees will be " not to exceed" lump sum figures based on the Fee Schedule (Exhibit B). Compensation shall include all consultant expenses including, but not limited to, overhead, profit, and direct non-salary Agreement for Professional Services AG-C-535 ENG-181, Revised 10/20 November 9, 2020 Page 2 of 12 costs and shall not exceed that amount shown on each approved individual task assignment for engineering services under this contract. The total amount of the agreement shall not exceed $100,000.00. The CONSULTANT shall be paid by the CITY for direct non-salary costs, based on Fee Schedule (Exhibit B). These charges may include, but are not limited to the following items: outside reproduction fees, courier fees, subconsultant fees, and materials and supplies. The billing for non-salary costs that are directly identifiable to the project, shall be submitted as an itemized listing of charges. Copies of the original supporting documents shall be supplied to the CITY upon request. 4. SUBCONTRACTING. The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT without prior written permission of the CITY. No permission for subcontracting shall create, between the CITY and subcontractor, any contract or any other relationship. Compensation for any subconsultant work is included in Section 3 of this Agreement and all reimbursable direct labor, overhead, direct non-salary costs and fixed fee costs for the subconsultant shall be substantiated in the same manner as outlined in Section 3. All subcontracts shall contain all applicable provisions of this AGREEMENT. 5. RESPONSIBILITY OF CONSULTANT. The CONSULTANT is responsible for the professional quality, technical accuracy, timely completion and the coordination of all studies, analysis, designs, drawings, specifications, reports and other services performed by the CONSULTANT under this Agreement. The CONSULTANT shall, without additional compensation, correct or revise any negligent errors, omissions or other deficiencies in its plans, Agreement for Professional Services AG-C-535 ENG-181, Revised 10/20 November 9, 2020 Page 3 of 12 designs, drawings, specifications, reports and other services required. The CONSULTANT shall perform its services to conform to generally-accepted professional engineering standards and the requirements of the CITY. Any approval by the CITY under this Agreement shall not in any way relieve the CONSULTANT of responsibility for the technical accuracy and adequacy of its services. Except as otherwise provided in this Agreement, neither the CITY'S review, approval, or acceptance of, nor payment for, any of the services shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement to the full extent of the law. 6. INDEMNIFICATION/HOLD HARMLESS. Except for injuries and damages caused by the sole negligence of the City, the CONSULTANT will defend, indemnify and hold the City and its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits, including attorney fees and litigation expenses, arising out of or resulting from the acts, errors, or omissions of the CONSULTANT, its employees, agents, representatives, or subcontractors, including employees, agents, or representatives of its subcontractors, made in the performance of this Agreement, or arising out of worker's compensation, unemployment compensation, or unemployment disability compensation claims. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the Public Entity, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. Agreement for Professional Services AG-C-535 ENG-181, Revised 10/20 November 9, 2020 Page 4 of 12 If is further specifically and expressly understood that this indemnification constitutes the CONSULTANT's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section will survive the expiration or termination of this Agreement. 7. INDEPENDENT CONTRACTOR/ASSIGNMENT. The Provider will perform the services as an independent contractor and will not be deemed, by virtue of this Agreement and performance of its provisions, to have entered into any partnership, joint venture, employment or other relationship with the CITY. Nothing in this Agreement creates any contractual relationship between the Provider's employee, agent, or subcontractor and the CITY. 8. INSURANCE. The CONSULTANT will, at its sole expense, procure and maintain for the duration of this Agreement and 30 days thereafter insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by the CONSULTANT, its agents, representatives, or employees. CONSULTANT's maintenance of insurance as required by the Agreement will not be construed to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Service CONSULTANT will obtain insurance of the types described below: a. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage will be at least as broad as Insurance Services Office (ISO) form CA 00 01 (CONSULTANT may use a substitute form providing equivalent liability Agreement for Professional Services AG-C-535 ENG-181, Revised 10/20 November 9, 2020 Page 5 of 12 coverage). CONSULTANT will maintain automobile insurance with minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. b. Commercial General Liability insurance will be at least as broad as ISO occurrence form CG 00 01 and will cover liability arising from premises, operations, stop-gap independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City will be named as an additional insured under the CONSULTANT's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO Additional Insured endorsement CG 20 26. Commercial General Liability insurance will be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate c. Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington. d. Professional Liability insurance appropriate to the CONSULTANT's profession with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. For Automobile Liability and Commercial General Liability insurance, the policies are to contain, or be endorsed to contain that CONSULTANT's insurance coverage will be primary insurance as respects the City. Any insurance, self-insurance, or self- insurance pool coverage maintained by the City will be excess of the CONSULTANT's insurance and will not contribute with it. Insurance is to be placed with an authorized insurer in Washington State. The insurer must have a current A.M. Best rating of not less than A:VII. The CONSULTANT will furnish the City with original certificates of insurance and a copy of the amendatory endorsements, including but not necessarily limited to the Agreement for Professional Services AG-C-535 ENG-181, Revised 10/20 November 9, 2020 Page 6 of 12 additional insured endorsement, evidencing the insurance requirements of this Agreement before commencement of the work. The City reserves the right to require that complete, certified copies of all required insurance policies and/or evidence of all subcontractors' coverage be submitted to the City at any time. The City may withhold payment if the CONSULTANT does not fully comply with this request. If the CONSULTANT maintains higher insurance limits than the minimums shown above, the City will be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the CONSULTANT, irrespective of whether such limits maintained by the CONSULTANT are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the CONSULTANT. Failure on the part of the CONSULTANT to maintain the insurance as required will constitute a material breach of contract, upon which the City may, after giving five business days' notice to the CONSULTANT to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the CONSULTANT from the City. The CONSULTANT will provide the City with written notice of any policy cancellation within two business days of their receipt of such notice. Failure by the CONSULTANT to maintain the insurance as required will constitute a material breach of this agreement, upon which the City may, after giving five (5) business days' notice to the CONSULTANT to correct the breach, immediately terminate the agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in Agreement for Professional Services AG-C-535 ENG-181, Revised 10/20 November 9, 2020 Page 7 of 12 connection therewith, with any sums so expended to be repaid to the City on demand, or at the City's sole discretion, offset against funds due the CONSULTANT from the City. 9. NONDISCRIMINATION. The CONSULTANT will not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, or where there is the presence of any sensory, mental or physical handicap. 10. OWNERSHIP AND USE OF DOCUMENTS All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations, working drawings and any other materials created or otherwise prepared by the Provider as part of his performance of this Agreement (the "Work Products") will be owned by and become the property of the City, may be used by the City for any purpose beneficial to the City, and are subject to the requirement of the Public Records Act, 42.56 RCW. The Provider acknowledges that the Agreement, and documents provided in connection with this Agreement, become a public record and may be subject to inspection and copying, unless the information is declared by law to be confidential or is otherwise exempted from public records disclosure requirements. The Provider agrees to give its fullest assistance to the City in identifying, locating, and copying any records in the Provider's possession that are responsive, as determined by the City in its sole discretion, to a Public Records Act request received by the City. Agreement for Professional Services AG-C-535 ENG-181, Revised 10/20 November 9, 2020 Page 8 of 12 11. RECORDS INSPECTION AND AUDIT All compensation payments will be subject to the adjustments for any amounts found upon audit or otherwise to have been improperly invoiced, and all records and books of accounts pertaining to any work performed under this Agreement will be subject to inspection and audit by the City for a period of up to three (3) years from the final payment for work performed under this Agreement. If any litigation, claim, dispute, or audit is initiated before the expiration of the three (3) pear period, all records and books of account pertaining to any work performed under this Agreement will be retained until all litigation, claims, disputes, or audit are finally resolved. 12. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS. The CONSULTANT certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding the effective date of this Agreement been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under.a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Agreement for Professional Services AG-C-535 ENG-181, Revised 10/20 November 9, 2020 Page 9 of 12 • (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph "(b)" of this certification; and (d) Have not within a three-year period preceding the effective date of this Agreement had one or more public transactions (federal, state, or local) terminated for cause or default. 13. GENERAL PROVISIONS. 13.1. This Agreement shall be governed by the laws, regulations and ordinances of the City of Auburn, the State of Washington, King County, and where applicable, Federal laws. 13.2. All claims, disputes and other matters in question arising out of, or relating to, this Agreement, except with respect to claims which have been waived, will be decided by a court of competent jurisdiction in King County, Washington. 13.3. If any dispute or conflict arises between the parties while this Agreement is in effect, the CONSULTANT agrees that, notwithstanding such dispute or conflict, the CONSULTANT shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 13.4. The CITY and the CONSULTANT respectively bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement with respect to all covenants to this Agreement. 13.5. This Agreement represents the entire and integrated Agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or agreements either oral or written. This Agreement may be amended only by written instrument signed by both the CITY and the CONSULTANT. Agreement for Professional Services AG-C-535 ENG-181, Revised 10/20 November 9, 2020 Page 10 of 12 13.6. All costs of enforcement, including reasonable attorney's fees, expenses and court costs shall be paid to the substantially prevailing party. 13.7. The CONSULTANT agrees to comply with all local, state and federal laws applicable to its performance as of the date of this Agreement. 13.8. If any provision of this Agreement is invalid or unenforceable, the remaining provisions shall remain in force and effect. 13.9. This Agreement shall be administered by Robin Nelson on behalf of the CONSULTANT, and by the Mayor of the CITY, or designee, on behalf of the CITY. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: City of Auburn Pace Attn: Luis Barba Attn: Robin Nelson 25 W Main Street 11255 Kirkland Way, Suite 300 Auburn WA 98001 Kirkland, WA 98033 Phone: 253-931-4013 Phone: 425-827-2014 E-mail: Lbarba@auburnwa.gov E-mail: robinn@paceengrs.com 13.10. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be delivered in person or sent by regular United States mail, postage prepaid. Any party may change their address by giving notice in writing to any other party. 13.11. This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. Agreement for Professional Services AG-C-535 ENG-181, Revised 10/20 November 9, 2020 Page 11 of 12 CITY OF AUBURN Na tr cy Ba \' Mayor Date \ L% ` (.b APPROVED AS TO FORM: 01'61-1., Guu Kendra Comeau, City Attorney PACE BY: 64 1` '6- Title: \icE Thr �t J Federal Tax ID # RI -155315? Agreement for Professional Services AG-C-535 ENG-181, Revised 10/20 November 9, 2020 Page 12 of 12 EXHIBIT A *V '%1 TASK ASSIGNMENT AGREEMENT #: AG-C-xxx TASK #: xxx-xxxx-xxx CONSULTANT: PROJECT#/Name: The general provisions and clauses of the Agreement referenced above shall be in full force and effect for this Task Assignment. Location of Project: Maximum Amount Payable per this Task Assignment: $ Completion Date: Scope of Work: Approvals Consultant Project Manager: Signature: Date: City Project Manager: Signature: Date: Public Works Director, if Task Assignment is over$10,000: Signature: Date: Exhibit B Agreement No. AG-C-535 Page 1 of 1 WASHINGTON 2020 HOURLY RATE SCHEDULE Engineers 1 Planners I Surveyors PACE M E,g4roeN+p Services Company Effective January 1,2020 HOURLY DESCRIPTION RATE 1. Office Tech I, Expediter I $ 54.00 2. Office Tech II, Expediter II $ 70.00 3. Office Tech III, Intern, Jr. CAD Tech, Jr. Inspector, Engineer Tech, Survey Tech I $ 88.00 4. Jr. Planner, CAD Tech, Sr. Office Tech, Inspector, Designer, Engineer Tech I, Survey Tech II $ 99.00 5. Jr. Engineer, Designer I, Inspector I, CAD Tech I, GIS Tech, Planner, Project Administrator, Survey Tech III $ 113.00 6. Engineer I, Planner I, GIS Analyst I, Designer II, CAD Tech II, Inspector II, Sr. Project Administrator, Survey Tech IV $ 126.00 7. Engineer II, Planner II, GIS Analyst II, Designer III, CAD Tech III, Inspector III, Survey Tech V $ 138.00 8. Engineer III, Project Designer, Planner III, GIS Analyst III, Sr. CAD Tech, Sr. Inspector, Sr.Survey Tech $ 150.00 9. Sr. Engineer, Project Designer I, Sr. Planner, Project Surveyor, One-Person Crew, Project CAD Tech, Sr. GIS Analyst, Sr. Project Inspector, BIM Manager, CAD Manager $ 160.00 10. Project Engineer, Project Designer II, Project Planner, Sr. Project Surveyor, Sr. Project GIS Analyst, Structural Engineer, UAS Pilot $ 173.00 11. Sr. Project Engineer, Sr. Structural Engineer, Sr. Project Designer, Sr. Project Planner, IT Manager, Survey Project Manager $ 185.00 12. Project Manager, Planning Project Manager, Principal Surveyor $ 198.00 13. Sr. Project Manager Sr. Principal Surveyor, Two-Person Crew $ 210.00 14. Principal Engineer, Principal Planner, Sr.Two-Person Crew $226.00 15. Senior Principal Engineer, Senior Principal Planner $ 242.00 REIMBURSABLES A. Subconsultants, Professional and Technical Cost+ 15% B. Maps, reports, materials, permit fees, express delivery and messenger, pass-through bills, and similar items necessary for work in progress Cost+ 15% C. Technology expenses associated with computers, software, electronic distance measuring devices,telephone, cell phone, photo copies, standard survey supplies and transportation and standard postage will be invoiced as a Technology Charge 2% of labor billing D. Out-of-Town travel per diem and cost of commercial transportation Cost+ 10% E. Transportation within 30 Mile Radius * No Charge Transportation beyond 30 Mile Radius-Automobile $0.60 per mile *On job inspection mileage will be billed $ 0.60 per mile F. Special Equipment/Software Special Software for Modeling/Analysis $ 10/hour Large Format Blueprints and Reproduction-Bond $0.50/sq ft Large Format Blueprints and Reproduction-Mylar $ 1.50/sq ft Color Copies- In-house(8'/2 x 11) $ 0.25/page G. Expert Witness Rate x 1.5 Notes: 1 All payment is due within 30 days from date of invoice. A monthly service charge of 1%will be added on all accounts older than 30 days. 2 The foregoing schedule of charges is incorporated into the agreement for the services provided effective January 1,2020. After December 31,2020, invoices will reflect the schedule of charges in effect at that time. 3 PACE's rates include professional liability insurance coverage for claims up to$2 million. Clients can purchase additional coverage for cost and upfront payment of$5,000 per additional$1 million of insurance up to a maximum of$5 million. PACE Engineers,Inc. 11255 Kirkland Way I Suite 300 Kirkland,Washington 98033-6715 p 425.827.2014 I f 425.827.5043 Rev. 12/2/2019 www.paceengrs.com CONSULTANT INVOICES CONSULTANT invoices should contain the following information: • On CONSULTANT letterhead. • A cover letter stating the status of each task. This should include items completed, percent completed during the billing period and completion along with funding status. • Internal invoice number and/or sequential numeric number (i.e.: progress payment# 10). • Invoice date. • Period of time invoice covers. • Consultant Agreement# (i.e.: AG-C-115). • Project number(s) listed (i.e.: PR562). • CITY'S project manager listed. • The hour(s) per person broken down by task(s) (attach timesheets, spreadsheet detailing timesheets, or some other form of proof) along with type of work done (i.e.: design, right-of-way, or construction) or task order number. • Direct salary (base salaries) • Indirect salary (benefits) • Direct non-salary (i.e.: mileage, reproduction fees (i.e.: printing, copying), communication fees (i.e.: telephone), supplies, computer charges, subconsultants), indirect non-salary (overhead). The CITY does not pay for CONSULTANT meals unless part of a task requires travel outside of the greater Seattle, Tacoma, and Everett area. These costs are to be broken down and backup information is to be attached to invoice. Project managers are to inform CONSULTANTS as to what is required for break down information and if backup information is to be attached. Break out the same for subconsultant charges. • Previous and remaining base contract amounts left in each task and total contract— total authorized amount (bottom line figure). Add amendments to this base contract amount for total authorized amount. • Percentage of work completed to date compared to total amount of work (if required by the project manager). • Status of Management Reserve Fund (MRF) (i.e.: a certain task) until we can get an amendment in place. • Invoices for previous year are due by January 15th • For grant/special funded projects there might be other special information needed, reference the LAG manual. Consultant Invoices Agreement No. AG-C-535 Page 1 of 2 SAMPLE INVOICE City of Auburn Invoice #: 5222 25 West Main Progress Payment#: 2 Auburn WA 98001 Invoice Date: February 10, 2002 Attn: Scott Nutter (Project Engineer) Project Name: Thomas Nelson Farm Agency Agreement#: AG-C-010 Project#: PR562 Engineering Services performed during the period of: January 2002 SAMPLE ENGINEERING, INC. Personnel Hours Hourly Amount Rate Mike Jones, Principal in Charge 1 $ 125.00 $ 125.00 Carla Maker, Architect 5 $ 72.00 $ 144.00 Joe Smith, Word Processing 10 $ 48.00 $ 480.00 Consultant Personnel Subtotal $ 749.00 Expenses (see attached Charge Multiplier Amount documentation) s Mike Jones, Principal in Charge 20 miles x1.1 $ 7.59 Carla Maker, Architect $ 30.00 x1.1 $ 33.00 Joe Smith, Word Processing $ 29.00 x1.1 $ 31.90 Consultant Expenses Subtotal $ 72.49 Consultant Total: $ 821.49 SUB CONSULTANTS (see attached documentation) Subconsultant Hours Hourly Amount Rate ABC Environmental, Inc., Civil 10 $100.00 $ 1,000.00 Engineer Electrical Consulting, Electrical 5 $100.00 500.00 Engineer Mechanical Solutions, Mechanical 10 $100.00 MRF1,000.00 Engineer Moving Company, Moving 2 $ 50.00 100.00 Consultant Subconsultant Subtotal $ 2,600.00 Subtotal x 1.1 Multiplier $ 2,860.00 Subconsultant Total: $2,860,00 Consultant Invoices Agreement No.AG-C-535 Page 2 of 2 TOTAL DUE THIS INVOICE $ 3,681.49 CONTRACT BREAKDOWN Amount Total % % Amount Task Authorize Prior This Invoiced To Expended Completed Remainin d Invoiced Invoice Date g Original Contract $ $1,025.00 $2,681.49 $3,706.49 20% 25% $ 22,000.00 18,293.51 MRF* 2,500.00 0.00 1,000.00 1,0000.00 40% 45% 1,500.00 TOTAL $ $1,025.00 $3,681.49 $4,706.49 $ 24,500.00 19,793.51 Note: MRF=Management Reserve Fund * Received a written authorization of MRF on 1/10/01 for Mechanical Engineer task in the amount of$2,000.00. Page 1 of 1 Aco CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `.� 11/18/2020 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 Hall&Company PHONE Allison Barga FAX 19660 10th Ave NE (A/C.No.Ext): 360-626-2007 (A/C.No):360-626-2007 Poulsbo WA 98370 ADDRESS: abarga@hallandcompany.com INSURER(S)AFFORDING COVERAGE NAIC INSURER A:The Travelers Indemnity Company 25658 IPACE Engineers Inc 42 INSURER B:Travelers Property Casualty Company of America 25674 11255 Kirkland Way INSURER c:RLI INSURANCE COMPANY 13056 Suite 300 INSURER D: Kirkland WA 98033 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1881826081 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. ILICY EXP NSR TYPE OF INSURANCE ADDL SUBR (MPM/DD/YYYY) (MLICY EFF M/DD/YYYY) LTR IVSD WVD POLICY NUMBER LIMITS B X COMMERCIAL GENERAL LIABILITY 6809H607128 4/27/2020 4/27/2021 EACH OCCURRENCE $2,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $300,000 X XCU/OCP/BFPD MED EXP(Any one person) $5,000 X Cross Liability PERSONAL&ADV INJURY $2,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY X jECT LOC PRODUCTS-COMP/OP AGG $4,000,000 _ OTHER: $ A AUTOMOBILE LIABILITY BA7B941924 4/27/2020 4/27/2021 COMBaccident)INED SINGLE LIMIT $1,000,000 {Ea _ X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per $ AUTOS ONLY AUTOS accident) X HIRED x NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) $ B X UMBRELLA LIAB X OCCUR CUP7B960268 4/27/2020 4/27/2021 EACH OCCURRENCE $3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 DED X RETENTION$1n f)nn $ B WORKERS AND EMPLOYOERS'MPEN ABILITY Y SATION N UB3K453440 4/27/2020 4/27/2021 X STATUTE OTH- ER ANYPROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? n N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Professional Liab Claims Made RDP0039499 4/27/2020 4/27/2021 $2,000,000 Per Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Certificate Holder(s)is/are an Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or agreement regarding activities by or on behalf of the Named Insured.The insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and non-contributing with this insurance.A waiver of subrogation applies to the Commercial General Liability,Auto Liability,Umbrella/ Excess Liability and Workers Compensation/Employers Liability in favor of the Additional Insured. Travelers Insurance Company has an AM Best Rating of A++ RLI has an AM Best Rating of A+ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Auburn 25 W. Main Street Auburn WA 98001 AUTHORIZED REPRESENTATIVE I . ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy Number:6809H607128 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO IS h. This insurance does riot apply to "bodily AN INSURED: injury" or "property damage" caused by "your Any person or organization that you agree in a work" and included in the "products- "written contract requiring insurance"to include as completed operations hazard" unless the an additional insured on this Coverage Part, but: "written contract requiring insurance" specifically requires you to provide such a. Only with respect to liability for "bodily injury", coverage for that additional insured, and then "property damage"or"personal injury"; and the insurance provided to the additional b. If, and only to the extent that, the injury or insured applies only to such "bodily injury" or damage is caused by acts or omissions of "property damage" that occurs before the end you or your subcontractor in the performance of the period of time for which the "written of "your work" to which the "written contract contract requiring insurance" requires you to requiring insurance" applies. or in connection provide such coverage or the end of the with premises owned by or"rented to you. policy period, whichever is earlier. The person or organization does not qualify as an 2. The following is added to Paragraph 4.a. of additional insured: SECTION IV — COMMERCIAL GENERAL c. With respect to the independent acts or LIABILITY CONDITIONS: omissions of such person or organization: or The insurance provided to the additional insured is excess over any valid and collectible other "bodily For injury', "property damage" or insurance, whether primary, excess, contingent or "personal injury" for which such person or on any other basis, that is available to the organization has assumed liability in a additional insured for a loss we cover. However, if contract or agreement. you specifically agree in the "written contract The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part must apply on a primary basis or a primary and e. This insurance does not apply on any basis to non-contributory basis, this insurance is primary any person or organization for which to other insurance available to the additional coverage as an additional insured specifically insured which covers that person or organizations is added by another endorsement to this as a named insured for such loss, and we will not Coverage Part. share with the other insurance, provided that: f. This insurance does not apply to the (1) The "bodily injury" or "property damage" for rendering of or failure to render any which coverage is sought occurs: and "professional services". In the event that the Limits of Insurance of the (2) The "personal injury" for which coverage is g. sought arises out of an offense committed: Coverage Part shown in the Declarations exceed the limits of liability required by the after you have signed that "written contract "written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance. whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III — person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer 4. The following definition is added to the Of Rights Of Recovery Against Others To Us. DEFINITIONS Section: of SECTION IV — COMMERCIAL GENERAL "Written contract requiring insurance" means that LIABILITY CONDITIONS: part of any written contract under which you are We waive any right of recovery we may have required to include a person or organization as an against any person or organization because of additional insured on this Coverage Part, payments we make for "bodily injury", "property provided that the "bodily injury" and "property damage" or "personal injury" arising out of "your damage" occurs and the "personal injury" is work" performed by you, or on your behalf, done under a "written contract requiring insurance" with caused by an offense committed: that person or organization. We waive this right a. After you have signed that written contract; only where you have agreed to do so as part of b. While that part of the written contract is in the "written contract requiring insurance" with effect; and such person or organization signed by you before, and in effect when, the "bodily injury" or c. Before the end of the policy period. • "property damage" occurs, or the "personal injury" offense is committed. Page 2 of 2 ®2015 The Travelers Indem nity Company.All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission Policy Number: BA7B941924 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT—INCREASED LIMIT C. EMPLOYEES AS INSURED I. WAIVER OF DEDUCTIBLE—GLASS D. SUPPLEMENTARY PAYMENTS — INCREASED J. PERSONAL PROPERTY LIMITS K. AIRBAGS E. TRAILERS—INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.1., Who Is your business. An Insured, of SECTION II—COVERED AUTOS 2. The following replaces Paragraph b. in B.5., LIABILITY COVERAGE: Other Insurance, of SECTION IV — BUSI- Any person or organization who is required under NESS AUTO CONDITIONS: a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age, the following are deemed to be cov- executed by you before the "bodily injury" or ered "autos"you own: "property damage" occurs and that is in effect (1) Any covered "auto" you lease, hire, during the policy period, to be named as an addi- rent or borrow; and tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which (2) Any covered "auto" hired or rented by this insurance applies and only to the extent that your "employee" under a contract in person or organization qualifies as an "insured" an "employee's" name, with your under the Who Is An Insured provision contained permission, while performing duties in Section II. related to the conduct of your busi- B. EMPLOYEE HIRED AUTO ness. However, any "auto" that is leased, hired, 1. The following is added to Paragraph A.1., rented or borrowed with a driver is not a Who Is An Insured, of SECTION II — COV- covered "auto". ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured,of SECTION II— COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 U 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- (2) An adjustment for depreciation and physical ing a covered "auto"you don't own, hire or borrow condition will be made in determining actual in your business or your personal affairs. cash value in the event of a total"loss". D. SUPPLEMENTARY PAYMENTS — INCREASED (3) If a repair or replacement results in better LIM ITS than like kind or quality, we will not pay for the 1. The following replaces Paragraph A.2.a.(2) of amount of betterment. SECTION II—COVERED AUTOS LIABILITY (4) A deductible equal to the highest Physical COVERAGE: Damage deductible applicable to any owned (2) Up to $3,000 for cost of bail bonds (in- covered "auto". eluding bonds for related traffic law viola- (5) This Coverage Extension does not apply to: tions) required because of an "accident" (a) Any "auto" that is hired, rented or bor- we cover. We do not have to furnish rowed with a driver; or these bonds. 2. The following replaces Paragraph A.2.a.(4)of (b) Any "auto" that is hired, rented or bor- rowedSECTION II—COVERED AUTOS LIABILITY from your"employee". COVERAGE: G. PHYSICAL DAMAGE — TRANSPORTATION (4) All reasonable expenses incurred by the EXPENSES—INCREASED LIMIT "insured" at our request, including actual The following replaces the first sentence in Para- loss of earnings up to $500 a day be- graph A.4.a., Transportation Expenses, of cause of time off from work. SECTION III — PHYSICAL DAMAGE COVER- E. TRAILERS—INCREASED LOAD CAPACITY AGE: The following replaces Paragraph C.1. of SEC- We will pay up to $50 per day to a maximum of TION I—COVERED AUTOS: $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- 1. 'Trailers" with a load capacity of 3,000 ered "auto" of the private passenger type. pounds or less designed primarily for travel H. AUDIO, VISUAL AND DATA ELECTRONIC on public roads. EQUIPMENT—INCREASED LIMIT F. HIRED AUTO PHYSICAL DAMAGE Paragraph C.1.b. of SECTION III — PHYSICAL The following is added to Paragraph A.4., Cover- DAMAGE COVERAGE is deleted. age Extensions, of SECTION III — PHYSICAL I. WAIVER OF DEDUCTIBLE—GLASS DAMAGE COVERAGE: The following is added to Paragraph D., Deducti- Hired Auto Physical Damage Coverage ble, of SECTION III — PHYSICAL DAMAGE If hired "autos" are covered "autos" for Covered COVERAGE: Autos Liability Coverage but not covered "autos" No deductible for a covered "auto" will apply to for Physical Damage Coverage, and this policy glass damage if the glass is repaired rather than also provides Physical Damage Coverage for an replaced. owned "auto", then the Physical Damage Cover- J. PERSONAL PROPERTY age is extended to "autos" that you hire, rent or The following is added to Paragraph A.4., Cover- borrow subject to the following: age Extensions, of SECTION III — PHYSICAL (1) The most we will pay for "loss" to any one DAMAGE COVERAGE: "auto" that you hire, rent or borrow is the Personal Property Coverage lesser of: We will pay up to $400 for "loss" to wearing ap- (a) $50,000; parel and other personal property which is: (b) The actual cash value of the damaged or (1) Owned by an "insured"; and stolen property as of the time of the (2) In or on your covered "auto". "loss"; or This coverage only applies in the event of a total (c) The cost of repairing or replacing the theft of your covered "auto". damaged or stolen property with other No deductibles apply to Personal Property cover- property of like kind and quality. age. Page 2 of 3 Cc)2015 The Travelers Indemnity company. All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO K. AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III — PHYSICAL DAMAGE time of the "loss"; COVERAGE: (b) Financial penalties imposed under a Exclusion 3.a. does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered "auto" you own that in- and tear or high mileage; hate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but (c) Security deposits not returned by the les- only: sor; a. If that "auto" is a covered "auto" for Compre- (d) Costs for extended warranties, Credit Life hen sive Coverage under this policy; Insurance, Health, Accident or Disability b. The airbags are not covered under any war- Insurance purchased with the loan or lease; and ranty; and c. The airbags were not intentionally inflated. (e) Carry-over balances from previous loans or leases. We will pay up to a maximum of $1,000 for any M. BLANKET WAIVER OF SUBROGATION one "loss". L. AUTO LOAN LEASE GAP The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, The following is added to Paragraph A.4., Cover- of SECTION IV — BUSINESS AUTO CONDI- age Extensions, of SECTION III — PHYSICAL TIONS: DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private 5. Transfer Of Rights Of Recovery Against Others To Us Passenger Type Vehicles In the event of a total "loss"to a covered "auto" of We waive any right of recovery we may have the private passenger type shown in the Schedule against any person or organization to the ex- or Declarations for which Physical Damage Cov- tent required of you by a written contract exe- erage is provided, we will pay any unpaid amount cuted prior to any "accident" or "loss", pro- due on the lease or loan for such covered "auto" vided that the"accident" or"loss" arises out of less the following: the operations contemplated by such con- (1) The amount paid under the Physical Damage tract. The waiver applies only to the person or Coverage Section of the policy for that"auto"; organization designated in such contract. and CA T4 20 02 15 co 2015 The Travelers Indemnity cornea ny. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Policy Number: CUP7B960268 UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY(UMBRELLA) INSURANCE The following is added to Paragraph 11., OUR RIGHT a. "Bodily injury" or"property damage" caused by an TO RECOVER FROM OTHERS., of SECTION IV — "occurrence"that takes place; or CONDITIONS.: b. "Personal injury" or "advertising injury" caused by If the insured has agreed in a contract or agreement an "offense"that is committed; to waive that insured's right of recovery against any subsequent to the execution of the contract or agree- person or organization, we waive our right of recovery ment. against such person or organization, but only for payments we make because of: • • UM 04 88 07 08 ©2008 The Travelers Companies,Inc. Page 1 of 1 Includes the copyrighted material of Insurance Services Office,Inc.with its permission.