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HomeMy WebLinkAboutAll-Phase Electric Inc - Supply Fan Motor VFD Installation Quote #22609SAGREEMENT CITY OF YAKIMA QUOTE #22609S SUPPLY FAN MOTOR VFD INSTALLATION THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City"), and All -Phase Electric Inc., ("Contractor). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1. Scope of Work The Contractor shall perform all work and service(s) and furnish all tools, materials, labor and equipment (collectively referred to as "Services") according to the procedure outlined in the specifications of Quote #22609S titled Supply Fan Motor VFD Installation and the quote documents, which are all attached and incorporated herein as Exhibit A, and the most recent edition of the ANSI/ASTM/ASME/EIS and NEC including any applicable construction standard(s), which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. Work is estimated to be complete by Mav 18, 2026. Final work schedule shall be coordinated with Project Coordinator Mike Went, City Hall Building Superintendent, (509) 575-6161 or (509) 728-8517. The Contractor shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the transfer of materials and completing the work provided for in this Contract and every part thereof, except such as are mentioned in the specifications to be fumished by the City of Yakima. 2. Compensation The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit includes the specifications and payment schedule of itemized prices as listed in the Contractor's Quote submittal at the time and in the manner and upon the conditions provided for the Contract. 3. Agency Relationship between City and Contractor Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on behalf, of City. 4. Successors and Assigns a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from this Contract without the prior written consent of the other. b. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 5. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information conceming the City and said project which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. 6. Inspection and Production of Records a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, Quote 22609S Supply Fan Motor VFD Installation Page 1 of 11 notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request. b. Contractor shall promptly fumish the City with such information and records which are related to the Services of this Contract as may be requested by the City. Until the expiration of six (6) years after final payment of the compensation payable under this Contract, or for a longer period if required by law or by the Washington Secretary of State's record retention schedule, Contractor shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all of Contractors books, documents, papers and records which are related to the Services performed by Contractor under this Contract. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. c. All records relating to Contractor's services under this Contract must be made available to the City, and the records relating to the Services are City of Yakima records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. d. The terms of this section shall survive any expiration or termination of this Contract. 7. Work Made for Hire All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property of the City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any other materials the Contractor produces in connection with this Contract. On completion or termination of the Contract, the Contractor shall deliver these materials to the City. 8. Guarantee Contractor warrants the Services will be free from defects in material and workmanship for a period of one year following the date of completion and acceptance of the Services. 9. Compliance with Law Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any govemmental agency or regulatory body, whether federal, state, local, or otherwise. Contractor shall procure and maintain all applicable and necessary permits, licenses and approvals of any federal, state, and local govemment or govemmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work. a. Procurement of a City Business License. Contractor must maintain a City of Yakima Business License and pay all charges, fees, and taxes associated with said license. Contractor must provide proof of a valid Washington Department of Revenue state excise tax registration number, as required in Title 85 RCW. b. Contractor must provide proof of a valid Washington State Contractor Registration number. c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 82 RCW. d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). Quote 22609S Supply Fan Motor VFD Installation Page 2 of 11 Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW, Foreign (Non -Washington) Corporations Although the City does not require foreign corporate proposers to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima at their own expense, without regard to whether such corporation is actually awarded the contract, and in the event that the award is made, prior to conducting any business in the City. 10- Prevailing Wages The Contractor will comply with all provisions of Chapter 39,12 RCW - Freya ling Wages on Public Work. a. RCW 39.12,010 - the Prevailing Rate of Wage. It is solely the responsibility of the Contractor to determine the appropriate prevailing wage rate for the services being provided_ b, RCW 39,12,040 - Statement of Intent to Pay Prevailing Wages and an Affidavit of Wages Paid, Before an awarding agency may pay any sum due on account, it must receive a statement of Intent to Pay Prevailing Wages approved by the Department of Labor and Industries. Following final acceptance of a public work project, and before any final money is disbursed, each Contractor and Subcontractor must submit to the. awarding agency an Affidavit of Wages Paid, certified by the Department of Labor and Industries. c. RCW 39.12-070 - Fees Authorized for Approval Certification and Arbitrations. Any fees charged by the Department of Labor and Industries for approvals or fees to cover costs of arbitration conducted shall be the responsibility of the Contractor, The State of Washington prevailing wage rates applicable for this public works project, which is located in Yakima County, may be found at the following website address of the Department of Labor and Industries: httpsJ1lni.wa.goviticensing-permitslpublic-works-proiectsl revailinq-wage-rates. Based on the quote submittal for this project, the applicable effective (start) date of this project for the purposes of determining prevailing wages is the quote date, February 13, 2026. 11. Certified Payroll for Non -Federally Funded Projects Upon request by the City or by an Interested Party, copies of certified payroll shall be provided to City, with employee information such as last name, SSN and address, redacted in accordance with RCW42.56.230, in order to provide for public records requests. The City reserves the right to require Contractor to deliver to City a copy of the non -redacted Certified Payroll if City determines, in its sole discretion, that, such non -redacted copy is necessary or appropriate in order to enable City to comply with any applicable law. RCW 42 56 230 (7) ai Personal Information Exemption: Any record used to prove identity, age, residential address, social security number, or other personal information required to apply for a driver's license or identicard. RCW 39,12,010 (4) An "interested Party" for the purposes of this chapter shall include a Contractor, Subcontractor, an employee of a Contractor or Subcontractor, an organization whose members' wages, benefits, and conditions of employment are affected by this chapter, and the director of labor and industries or the director's designee. WAG 296-127-320 Payrntd: (1) Each Contractor shall keep accurate payroll records for three years from the date of acceptance of the public works project by the contract awarding agency, showing the name, address, Social Security number, trade or occupation, straight time rates hourly rate of usual benefits as defined by WAC t ar ;f ) 1 r(1), and overtime hours worked each day and week, including any employee authorizations executed pursuant to WAC t� :� , and the actual rate of Quote 22609S Supply Fan Motor VFW Installation Page 3 of 11 wages paid, for each laborer, worker, and mechanic employed by the Contractor for work performed on a public works project. (2) A Contractor shall, within ten days after it receives a written request, from the department or from any interested party as defined by RCW ` ` ,,(4), file a certified copy of the payroll records with the agency that awarded the public works contract and with the department. (3) A Contractor's noncompliance with this section shall constitute a violation of RCW 12. Nondiscrimination During the performance of this Contract, the Contractor agrees as follows: The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status,, sexual orientation, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49,60) or the Americans with Disabilities Act (42 USC 12101 et seq.). This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this Agreement Contractor agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such rules, regulations, or orders, this Contract may be cancelled, terminated„ or suspended in whole or in part and the Contractor may be declared ineligible for any future City contracts. No Provision of this Contract shall require or prohibit action or inaction by either party, or the agent(s) or subcontractor(s) or either party, that would violate Federal, State, or local law or that would affect the City's eligibility for any federal program or receipt of federal funds. The following provisions are included as required by Washington State law. RCW 35,22.650: Contractor agrees that the Contractor shall actively solicit the employment of minority group members. Contractor further agrees that the Contractor shall actively solicit bids for the subcontracting of goods or services from qualified minority businesses. Contractor shall furnish evidence of the Contractor's compliance with these requirements of minority employment and solicitation. Contractor further agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially equal proposals in the light most favorable to said minority businesses. The Contractor shall be required to submit evidence of compliance with this section as part of the bid. Nothing in this Agreement shall require Contractor or any of its subcontractor(s) to take action that would be deemed discrimination or preferential treatment in violation of RCW 49.60.400, Pursuant to RCW 49,60.400(6), this Section does not prohibit action that must be taken to establish or maintain the City's eligibility for any federal program, if ineligibility would result in a loss of federal funds to the City. 13. Pay Transparency Nondiscrimination Provision The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or (c) consistent with the contractor's legal duty to furnish information. Quote 22609S Supply Fan Motor VFD installation Page 4 of 11 14. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. The Contractor agrees to release, indemnify, defend, and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives, insurers, attomeys, and volunteers from all liabilities, losses, damages, and expenses related to all daims, suits, arbitration actions, investigations, and regulatory or other govemmental proceedings arising from or in connection with this Agreement or the acts, failures to act, errors or omissions of the Contractor, or any Contractor's agent or subcontractor, in performance of this Agreement, except for claims caused by the City's sole negligence. b. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. Contractor shall require that its subcontractors, and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable in connection with its performance of this Agreement, comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential liability for actions brought by their respective employees. The Parties acknowledge that they have mutually negotiated this waiver. c. 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 Contractor and the City, the Contractor's liability, including the duty and cost to defend, shall be only to the extent of the Contractor's negligence. d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. e. The terms of this section shall survive any expiration or termination of this Contract. 15. Contractor's Liability Insurance At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. If Contractor carries higher coverage limits than the limits stated below, such higher limits shall be shown on the Certificate of Insurance and Endorsements and the City shall be named as an additional insured for such higher limits. Contractor shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured endorsement attached to the policy will be included with the certificate. This Certificate of insurance shall be provided to the City, prior to commencement of work. Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and neither the City nor its insurance providers shall contribute to any settlements, defense Quote 22609S Supply Fan Motor VFD Installation Page 5 of 11 costs, or other payments made by Contractor's insurance. All additional insured endorsements required by this Section shall include an explicit waiver of subrogation. If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the Contract. The following insurance is required: a. Commercial Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence, combined single limit bodily injury and property damage, and Four Million Dollars ($4,000,000.00) general aggregate. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsement shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. b. Automobile Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attomeys and volunteers shall be named as additional insureds for such higher limits. The certificate shall dearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsement shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and Non -Owned coverage if necessary. c. Employer's Liability (Stop Gap) Contractor and all Subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent acts of all Subcontractor(s). Contractor is responsible to ensure Subcontractor(s) have insurance as needed. Failure of Subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or responsibility. Quote 22609S Supply Fan Motor VFD Installation Page 6 of 11 16. Severability If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Contract are declared severable. 17. Contract Documents This Contract, the Invitation to Quote #22609S, Scope of Work, conditions, addenda, and modifications and Contractor's proposal (to the extent consistent with Yakima City documents) constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated by reference into this Contract. 18. Termination Termination for Cause In the event the Contractor breaches this Contract, the City may terminate the Contract at its sole discretion in such event that it provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach within 30 days of this notice. In the event the City breaches this Contract, the Contractor may terminate the Contract at its sole discretion in such event that it provides the City with written notice of City's breach and the City fails to cure its breach of the Contract within 60 days of this notice. The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by the Contractor: a. Defaults on an obligation under the Contract; b. Fails to perform any material obligation required under the Contract; c. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity; d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally -imposed, 30-day notice; e. Makes an assignment for the benefit of creditors; f. Fails to follow the sales and use tax certification requirements of the State of Washington; g. Incurs a delinquent Washington tax liability; h. Becomes a State or Federally debarred Contractor, i. Is excluded from federal procurement and non -procurement Contracts; j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract; k. Fails to maintain the confidentiality of the City information that is considered to be Confidential Information, proprietary, or containing Personally Identifiable Information; I. Contractor performance threatens the health or safety of a City, County or municipal employee. Termination for Convenience The City may terminate the Contract, without cause, by providing 30 days written notice of termination. In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed services. In this event, compensation for such partially completed services shall be no more than the percentage of completion of the services requested, at the sole discretion of the City, multiplied by the corresponding payment for completion of such services Quote 22609S Supply Fan Motor VFD Installation Page 7 of 11 as set forth in the Contract. Alternatively, at the sole discretion of the City, the Contractor may be compensated for the actual service hours provided. The City shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the Contractor requesting the refund. Change in Funding In addition to the above termination provisions, if the funds upon which the City relied to establish this Contract are withdrawn, reduced, or limited, or if additional or modified conditions are placed on such funding, the City may terminate this Contract by providing at least five business days written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination. 19. Prime Contractor Contractor is the Prime Contractor hereunder. The Prime Contractor shall be the sole point of contact with regard to all contractual matters arising hereunder, including the performance of work and the payment of any and all charges resulting from its contractual obligations. 20. Removal of Subcontractor If dissatisfied with the background, performance, and/or general methodologies of any subcontractor, the City may request in writing that the subcontractor be removed. The Contractor shall comply with this request at once and shall not employ the subcontractor for any further work/services under this Contract. 21. Taxes and Assessments Contractor shall be solely responsible for and shall pay all taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury insurance, and other deductions from income which may be required by law or assessed against either party as a result of this Contract. In the event the City is assessed a tax or assessment as a result of this Contract, Contractor shall pay the same before it becomes due. 22. Waiver of Breach A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Contract shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Contract, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 23. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally, in the event of any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the reason for delay. 24. Goveming Law This Contract shall be govemed by and construed in accordance with the laws of the State of Washington. 25. Venue The venue for any action to enforce or interpret this Contract shall lie in a competent jurisdiction in Yakima County, Washington. 26. Authority The person executing this Contract, on behalf of Contractor, represents and warrants that they have been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract. Quote 22609S Supply Fan Motor VFD Installation Page 8 of 11 27£ Change or Notice Any alterations, including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made. In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or in any properly executed amendment. Notice of Business Changes: Contractor shall notify the City in writing within three (3) business days of any change in ownership of the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as possible, and in no event later than three (3) business days, after any decision by the Contractor to change or discontinue service that will affect services provided to the City under this Contract. The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change in governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's duties hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible, patently unreasonable, or unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the parties at their addresses as follows: TO CITY: City of Yakima Purchasing Susan Knotts, Buyer 11 129 North Second Street Yakima„ WA 98901 TO CONTRACTOR: All -Phase Electric Inc. Breann Speer 1515 W. Ahtanum Rd, Union Gap, WA. 98903 28. Survival The foregoing sections of this Contract, 1-27 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms, IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written. CITY OF YAKIMA City Manager CITY CONTRACT NO: RESOLUTION NO: List of Exhibits attached to this contract Exhibit A - Specifications Exhibit B - Contractors Quote Proposal ALL -PHASE ELECTRIC INC. By: Date: Quote 22609S Supply Fan Motor VFD Installation Page 9 of 11 EXHIBIT A Specifications The following blank forms have been removed from the Specifications: Bidders Responsibility Criteria from, pages 8-9. Certification of Compliance with Wage Payment Statutes, page 10. Sample Agreement, pages 11-19. Sample Certificate of Insurance with Additional Insured Endorsement and Waiver of Subrogation, pages 20-22. Quote 22609S Supply Fan Motor VFD Installation Page10of11 CITY OF YAKIMA LIMITED PUBLIC WORKS INVITATION TO QUOTE #226095 FOR NON -FEDERALLY FUNDED WORK BETWEEN $10,000-35,000 PROJECT NAME: Supply Fan Motor VFD Installation LOCATION: 129 N. 2nd Street, Yakima, WA 98901 ISSUE DATE: February 1.3, 2026 CITY PROJECT COORDINATOR NAME/NUMBER: Mike Wentz, City Hall Building Superintendent (509) 575-6161 or (509) 728-8517 RETURN QUOTES TO BUYER: Susan Knotts at Susan,Knotts@YakimaWA.Gov. Make sure to notate in Subject line Project Name and Quote Number DUE DATE/TIME: February 26, 2026, 8 2:00 PM QUOTE FORM Srraall Works Roster Project Contractor must be signed up with W'W' Si.MRSCROSTE'RS.ORC in order to respond to this Invitation to Quote. Prevailing Wage This project is considered Public Work and shall be completed in accordance with 39,04 RCW. This is a Prevailing Wage project. Intent to Pay Prevailing Wages, and Affidavit of Prevailing Wages paid must be filed by both the General Contractor and any Subcontractors working on the project, at Contractor's expense, and posted as approved by Labor and industries (L&I) prior to payment, See attached contract for further details. Certificate of Insurance Please contact your insurance company and have them send us a Certificate of Insurance. The certificate of insurance and additional insured endorsement shall name "The City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds," per the attached sample, with the same limits of coverage. The Certificate needs to be addressed as shown and include an attached Additional Insured Endorsement and an explicit waiver of subrogation, or it will be returned to you for correction and you will not be able to start work until 'it is accepted, Subcontractors must also submit Certificates of Insurance with Additional Insured endorsement. See attached contract for further details. Site Visit An onsite meeting will be held on. Thursday, February 19, 2026, 9:00 a.m, at City ot`Yakima City Hall, located at 129 N. 2nd Street, Yakima, WA, 98901. The site meeting is not mandatory; however, interested parties are strongly urged to attend. Questions All questions shall be submitted to the Buyer Susan Knotts at Sujan.Knotts@YakimaWA.Gov three (3j days before the Quote due date, Coordination of Work Contractor will coordinate their work with the City of Yakima Project Coordinator listed above as to when work will be accomplished, Work shall be completed as agreed upon in the resulting contract, Work Hours and Schedule t r rk to be completed M-F, 8:00 o.m. to 5:00 p.m., excluding legal holidays Scope of Work Purchase and Install new, unused HVAC fan motor VFD with bypass and DVDT filter. City of Yakima Sewall Works - Invitation to Quote 226095 Page 1 of 22 UOT FO All work is to be done in accordance with the Manufacturer's Instructions, Industry Standards, and Specifications as presented by the City of Yakima. Work shall be performed accordingly to manufacture's recommendation, using specified materials and brands or approved and acceptable equal. d Process/Material's: Installation to included disconnect and removal of the existing magnetic fan rnotor starter and power wiring between the starter, motor, LV control wiring connected to the magnetic starter. Install (1) 34A480V 3PH AB8 ACH58O HVAC VFD with integral manual bypass and DVDT filter, Modify and/or install new conduit and wiring between the VFD and motor. Reconnect existing DDC control wiring to the new VFD. Perform factory authorized VFD startup. Disposal of old parts,. *Bidder may quote alternate process for City consideration: Yes ls] or No CONTRACTOR TO FILL OUT THIS SEON Number of Days to Complete W ork: Comments: Lead time on Equipment: Guarantee: _ (Minimum of one (1)year n :,work Quote is Firm for : Days (Minimum of 30 Days) Warranty: (Minimum One (1) years on materials( Delivery Terms: All matorials are to be quoted F.CJ.8. destination. All anticipated shipping costs necessary to meet the delivery schedule must be included in the lump sum total. No additional charges for shipping or handling will be allowed. Lump Sum (Pre -Tax): To include all permit and Public Work filing fees Tax 8.3%:. TOTAL: City of Yakima Small Works— Invitation to Quote 226095 Page 2 of 22 QUOTE FORM In signing this Quote we certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a Quote; that this Quote has been independently arrived at without collusion with any other Bidder, competitor or potential competitor; that this Quote has not been knowingly disclosed prior to the opening of Quote to any other Bidder or competitor; that the above statement is accurate under penalty of perjury. We will comply with all terms, conditions and specifications required by the City of Yakima in this Invitation to Quote and all terms of our Quote. Company Name Company Address Name of Authorized Company Representative (Type or Print) Title Signature of Above WMBE/DBE Vendor Certification Number (if applicable) I hereby acknowledge receiving Addendum (a} (Use as many spaces as addenda received.) City of Yakima Small W arks — Invitation to Quote 22609S Email Address Phone Number Page 3 of 22 Ciry of Yakim CITY OF YAKIMA LIMITED PUBLIC WORKS INVITATION TO QUOTE #22609S GENERAL/SPECIAL INSTRUCTIONS A. Additional Work Any additional work found necessary that is not specified in the Scope of Work shall be listed on a separate sheet entitled "Additional Materials/Labor Required". B. Estimated Quantities Estimated quantities, if any, set forth in the Scope of Work are estimates only, being given only as a basis for the comparison of Quotes. The City does not warrant, expressly or by implication; that the actual amount of work will correspond to the estimated quantities.. Bidder is responsible for verification of square footage and units of measure, which are to be provided with Quote submittal. C. Qualified Quotes The General and Special Instructions included in this quote document and in the resulting contract will govern the performance of the work. No other terms and conditions will be accepted. Quotes that are conditioned in any way, or Quotes that take exception in any way to the City of Yakima's General and Special Terms and Conditions, may result in the Quote being considered non -responsive. D. Proprietary Material Submitted Any information contained in the bid submitted that is proprietary must be clearly designated. Marking the entire bid as proprietary will be neither accepted nor honored. If a request is made to view a Contractor's bid, the City of Yakima will comply according to the Public Records Act, Chapter 42.56 RCW. if any information is marked as proprietary in the proposal, such information may not be made available until the affected bidder has been given an opportunity to seek a court injunction against, the requested disclosure. E. Award of Quote The City of Yakima reserves the right to reject any or all quotes or accept any presented which meet or exceed these specifications, and which would be in the best interest of the City and will not necessarily be bound to accept the low quote. F. Business License, Permits and Fees All bidders shall have a valid and current business license issued by the State of WA Department of Revenue, Business Licensing Service covering this type of work, Contractor shall also obtain and provide proof of a current City of Yakima business license endorsement or license, as necessary, It will be the Contractor's responsibility to procure any licenses or permits required to complete the project. The Contractor is responsible for all traffic control and barricades, if applicable. You can contact the Codes Department at (509) 575-6121 or (509) 575-6126 or visit the Codes website at: https://www.yakimawa.govjservices/codes/ for information. Contractor is responsible for filling all Public Work paperwork and any charges or fees associated with the filings. All filing fees and charges shall be included in the project's lump sum. G. Background Checks - Special Conditions for Yakima Police Department (YPD) Facilities All Contractors, employees, and Subcontractors who will be working on site roust participate in a Washington State and National fingerprint and background check process in order to work in YPD facilities. This process must be completed no less than five (5) days prior to start of work. Contractors must also complete a CJIS Security Awareness training every two (2) years and sign a Criminal Justice Information Services (CJ15) Security Addendum. Washington State Patrol (WSP) also requires that all employees all Works — invitation to Quote 226095 Page 4 of 22 working on site must watch a 10-15 minute video. The YPD Police Services Manager will coordinate with Contractor to ensure compliance. Failure to undergo this process may result in loss of contract. If any person does not pass the background check, they must be replaced and will not be allowed on site. There may be few instances where a Contractor may be supervised directly by the Facilities Manager and this requirement may be waived on a case -by -case basis. H. Best Modern Practices All work, including design, shall be performed and completed in accordance with the best modern practices, further, no detail necessary for safe and regular operation shall be omitted, although specific mention thereof may not be made in these specifications. Workmanship Contractor warrants and guarantees to the City that the work shall be performed in a manner consistent with industry standards for the performance of construction and services of a similar nature. The Contractor warrants to the City that materials and equipment furnished will be of good quality and new, that the work will be free from defects, will be fully compatible with the existing materials and equipment and that the work will conform to all requirements. Work not conforming to these requirements, including substitutions (if allowed) not properly approved and authorized, may be considered defective. The Contractor shall comply with recognized workmanship quality standards within the industry as applicable to each unit of work. All references to standards whether for materials, processes, assemblies, workmanship, performance, or similar purpose shall mean, unless otherwise noted, the most recent available published version of such standard. When reference is made to standards, the standards are to be made a part of this contract, and to have the same effect as if fully reproduced herein. It is a requirement that each category of trades person or installer performing the work be qualified, to the extent of being familiar with applicable and recognized quality standards for that category of work, and being capable of workmanship complying with those standards. J. New and Unused All units, equipment, parts and material shall be new, unused, manufacturer's current model year and in current production. All materials shall have physical and chemical properties to withstand the intended service. Equipment design shall have sufficient excess capacity for durability and safety. K. Equal/Approved Equal These specifications are intended to be precise where a specific make, model or trade name is requested. Whenever a make, model or trade name is used, it shall be that or equal, or approved equal. Equal or approved equal means that the make, model or trade name will be given consideration if they fulfill the same performance requirements. The City reserves the right to make the decision on acceptability. Each bidder shall clearly identify make, model or trade name of equipment bid on the face of their quote. Any equipment proposed as an equal to that herein specified must be substantiated with supporting data to justify such request for substitution. Hazardous Materials If asbestos or other hazardous materials are discovered during performance of work under this project, Contractor will Immediately notify the Project Coordinator, so that a Change Order addressing Pollution Control as well as any change in cost may be executed by Purchasing. M. No Disturbance The Contractor shall not disturb grounds or materials outside the sphere of the contracted project. N. Protection of Utilities The Contractor shall protect from damage public and private utilities encountered during the work. Prior City of Yakima Small Works — Invitation to Quote 226095 Page 5 of 22 to beginning work, the Contractor shall give proper notification as required by RCW 19.122.030 to the agencies that have utilities in place, and shall cooperate with these agencies in the protection and relocation of underground utilities, facilities and structures. The number to call is #811. O. Waste Materials All refuse and waste material must be collected and disposed of, in a legal manner, by the Contractor off the City's property, at the Contractor's expense. The Contractor must immediately clean up any spilled material from streets, roads, etc. Storage of debris on site is not allowed. P. Repair or Replacement The work shall consist of repair of any incidental damages to walls, moldings, electrical, flooring, landscaping, fencing, paved areas, top soil, turf, or other miscellaneous items within or adjacent to the project area. This includes complete replacement of items that are beyond repair as determined by the City. Should adjacent property be damaged in any manner, Contractor shall immediately contact the Project Coordinator. Contractor shall promptly repair damages caused to adjacent areas, rooms, facilities, property, streets, and sidewalks by construction operations as directed by the City and at no cost to the City. Q. Mobilization and Demobilization Mobilization shall be included in the base unit price for each work order and shall consist of preparatory work and operations performed by Contractor, including his personnel, equipment, supplies and incidentals to the project site. No separate measurement or payment will be made for costs associated with mobilization and demobilization. R. Final Inspection and Acceptance When the Contractor considers the work physically complete and ready for final inspection, the Contractor shall request the City's Project Coordinator to inspect the work. The City will notify the Contractor of any deficiencies in the work after inspection. The Contractor shall immediately take such corrective measures as are necessary to remedy the listed deficiencies. Corrective work shall be pursued vigorously, diligently, and without interruption until physical completion of the listed deficiencies. This process will continue until the City is satisfied the listed deficiencies have been corrected. If action to correct the listed deficiencies is not initiated within seven (7) days after receipt of the written notice listing the deficiencies, the City may, upon written notice to the Contractor, take whatever steps are necessary to correct those deficiencies. The date of final acceptance shall be determined by the date the Contractor has properly invoiced the City for payment and turned in all required submittals after the final inspection and acceptance has occurred. 5. Payments Upon final inspection and acceptance of the work by the City, the Contractor is to submit properly completed invoice(s) to the City of Yakima Accounts Payable, 129 North 2nd Street, Yakima, WA 98901. To insure prompt payment each invoice should cite Quote number, purchase order number, discount terms and include the Contractor's name and return remittance address. In addition, the invoice shall include quote item description, quantity, unit price, total price, location of work and date work completed. Payment will be mailed within thirty (30) days of acceptance of the completed project, post -work submittals, Prevailing Wage Intents and Affidavits, and a properly completed invoice. Invoice shall be itemized to reflect hours worked and material costs. City of Yakima Small Works — Invitation to Quote 22609S Page 6 of 22 T. Retainage (Must be withheld at 10% in order to waive performance/payment bonds) The City of Yakima shall have the right to withhold ten percent (10%) of the amount of any invoice submitted to the City of Yakima by the Contractor for labor, supervision, and materials furnished by the Contractor up to the time of completion and acceptance of job. Each invoice submitted by the Contractor shall include two separate line items. The first line item is to reflect the total price of the job being invoiced, less ten percent (10%) retainage. The second line item will reflect the ten percent (10%) retainage. Payment of said retainage shall be due thirty (30) days after City of Yakima's acceptance of completed work and verification of Prevailing Wage filings with Labor and Industries. City of Yakima Small Works — Invitation to Quote 22609S Page 7 of 22 EXHIBIT B Contractor's Quote Proposal Quote 22609S Supply Fan Motor VFD Installation Page 11 of 11 CITY OF YAKIMA LIMITED PUBLIC WORKS INVITATION TO QUOTE # FOR NO FEDERALLY FUNDED WORK BETWEEN $10,000-35,000 PROJECT NAME: LOCATION: ISSUE DATE: ks Roster Project ust be signed upa with W WW.t R5C OSTLER .QRG in order to respond to this Invitation to Quote, on, PROJECT COORDINATOR NAME/NUMBER: RETURN i UO'TES TO BUYER, .. ; Supan.KnakirraaW :Gov.. DUE DATE/TIME; Prevailing Waga This project is considered Public Work and shall be completed in accordance with 39.04 RC°W. This is a Prevailirt Wage project. Pay Prevailing Wages, and Affidavit of Prevailing Wages paid must be filed by both the General Contractor ersd any ontractors working on the project, at Contractor's expense, and posted as approved by Labor and Industries (1&I) prior to payment. See attached contract for further details. Certificate vaf Insurance Please contact ajour insurance company and have them send us a Certificate of Insurance, The certifiicate of irstrrartce and additional insured endorsement shall name "The City of Yakima, its elected and appointed officials, employees, agents,. torneys and volunteers as additional insureds,," per the attached sample, with the same limits of coverage. The Certificate eds to be addressed as shown andnUude an attached Additional insured Fndorse.me�tt and an explicit waiver of'sut r^rsgation, or it will be returned to you for correction and you will nut be able to start work until it is accepted, Subcontractors must also submit Certificates of Insurance with Additional Insured endorsement. See attached contract for further details. Site Visit An anslte meeting will be held an Yakima, WA, 98901. The site meeting i y, February 19, 2026, 9:00 a.rn. at City of Yakima City Half, located at 129 N, 2"` cit rmarrdatory; however, interested parties are strongly urged to attend. Questions All questions shall be submitted to the Buyer Susan Knatt.s at .S,rs;ame4Cnotts tn'YakirnaiwVA.Gnv three {3) days before the Quote due date, Coordination of Work actor will coordinate the' work with the City of Yakima Project Coordinator listed above Cs to when work will be d, Work shall he completed as agreed upon k Hours and Schedule k to be completed M•F, 8:00 a.rn. to 5:00 p,rn„.. excluding fecal ho opt of Work urchase and install new, unused HVAC City of Yakima Small works —Invitation to Quote 22 $09S 0 VFD with bypass and DVDT filter, Page 1 et 22 All work is to be done In accordance with the fvtanufacturer's Instructions, Industry Standards, and Specifications as presented by the City of Yakima, War( shall be performed accordingly to manufacture's recommendation, using specified materials and brands or approved and acceptable equal. Installation to included disconnect and removal of the existing magnetic fan motor starter and power wiring between the starter, motor, LV control wiring connected to the magnetic starter. Install (1 Perform factory authorized VFD startup. Disposal of old parts. a Ins r-1 c f t p der may quote alternate process for City conside Number of Days to Complete Wo Lead time on Equipment: CONTRACTOR TO FILL OUT THIS SECTION n Comments: i t K7s< i cAtakt Quote Is Firm for : SAS Days (Minimum of 30 Days) Guarantee: (Minimum of one (1) year on work) Warranty: 'j.P 5 (Minimum One (1) years on materials} Delivery Terms: All materials are to be quoted F.D.B. destination. All anticipated shipping costs necessary to meet the delivery schedule must be Included in the lump sum total, No additional charges for shipping or handling will be allowed. Lump Sum (Pre -Tax): To include all permit and Public Work filing fees Page 2©f22 QUOTE FORM In signing this Quit. wa certify that we have not, either directly or indirectly, entered into any agreement OF participated in any collusion or atherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a Quote; that this Quote has been independently arrived at without tolfusion with any other Bidder, competitor or potential competitor; that this Quote has not been knowingly disclosed prior to the opening of Quote to any other Bidder or competitor; that the above statement is accurate under penalty of perjury. We will comply with all terms, conditions and specifications required by the City of Yakima in thi lion to Quote and all terms of our Quote, Company Name Nance of Authorized Compan Signatu¢, Above 1 p entati Title pony Address Adc+ n Number (i'f applicable) Ptrone a tarrber 0 I hereby acknowledge receiving Addendum (a) (Use as many spaces as addenda received.) City or Yakima 5mal! Work; —r'evitata€ ra to%euote 226095 Page 3ofZ2 CITY OF YAKIMA LIMITED PUBUC WORKS INVITATION TO QUOTE #22609S I. GENERAL/SPECIAL INSTRUCTIONS A. Additional Work Any additional work found necessary that is not specified in the Scope of Work shall be listed on a separate sheet entitled "Additional Materials/Labor Required". B. Estimated Quantities Estimated quantities, if any, set forth in the Scope of Work are estimates only, being given only as a basis for the comparison of Quotes. The City does not warrant, expressly or by implication; that the actual amount of work will correspond to the estimated quantities. Bidder is responsible for verification of square footage and units of measure, which are to be provided with Quote submittal. C. Qualified Quotes The General and Special Instructions included in this quote document and in the resulting contract will govern the performance of the work. No other terms and conditions will be accepted. Quotes that are conditioned in any way, or Quotes that take exception In any way to the City of Yaklma's General and Special Terms and Conditions, may result in the Quote being considered non -responsive. D. Proprietary Material Submitted Any information contained in the bid submitted that is proprietary must be clearly designated. Marking the entire bid as proprietary will be neither accepted nor honored. If a request is made to view a Contractor's bid, the City of Yakima will comply according to the Public Records Act, Chapter 42.56 RCW. If any information is marked as proprietary in the proposal, such Information may not be made available until the affected bidder has been given an opportunity to seek a court injunction against the requested disclosure. E. Award of Quote The City of Yakima reserves the right to reject any or all quotes or accept any presented which meet or exceed these specifications, and which would be in the best interest of the City and will not necessarily be bound to accept the low quote. F. Business License, Permits and Fees All bidders shall have a valid and current business license issued by the State of WA Department of Revenue, Business Licensing Service covering this type of work. Contractor shall also obtain and provide proof of a current City of Yakima business license endorsement or license, as necessary. It will be the Contractor's responsibility to procure any licenses or permits required to complete the project. The Contractor is responsible for all traffic control and barricades, if applicable. You can contact the Codes Department at (509) 575-6121 or (509) 575-6126 or visit the Codes website at: https://www.vakimawa.gov/services/codes/ for information. Contractor is responsible for filling all Public Work paperwork and any charges or fees associated with the filings. All filing fees and charges shall be included in the project's lump sum. G. Background Checks - Special Conditions for Yakima Police Department (YPD) Facilities All Contractors, employees, and Subcontractors who will be working on site must participate in a Washington State and National fingerprint and background check process in order to work in YPD facilities. This process must be completed no less than five (5) days prior to start of work. Contractors must also complete a UIS Security Awareness training every two (2) years and sign a Criminal Justice Information Services (US) Security Addendum. Washington State Patrol (WSP) also requires that all employees City of Yakima Small Works - Invitation to Quote 22609S Page 4 of 22 working on site must watch a 10-15 minute video. The YPD Police Services Manager will coordinate with Contractor to ensure compliance. Failure to undergo this process may result in loss of contract. If any person does not pass the background check, they must be replaced and will not be allowed on site. There may be few instances where a Contractor may be supervised directly by the Facilities Manager and this requirement may be waived on a case -by -case basis. H. Best Modem Practices All work, including design, shall be performed and completed in accordance with the best modern practices, further, no detail necessary for safe and regular operation shall be omitted, although specific mention thereof may not be made in these specifications. Workmanship Contractor warrants and guarantees to the City that the work shall be performed in a manner consistent with industry standards for the performance of construction and services of a similar nature. The Contractor warrants to the City that materials and equipment furnished will be of good quality and new, that the work will be free from defects, will be fully compatible with the existing materials and equipment and that the work will conform to all requirements. Work not conforming to these requirements, including substitutions (if allowed) not properly approved and authorized, may be considered defective. The Contractor shall comply with recognized workmanship quality standards within the industry as applicable to each unit of work. All references to standards whether for materials, processes, assemblies, workmanship, performance, or similar purpose shall mean, unless otherwise noted, the most recent available published version of such standard. When reference is made to standards, the standards are to be made a part of this contract, and to have the same effect as if fully reproduced herein. It is a requirement that each category of trades person or installer performing the work be qualified, to the extent of being familiar with applicable and recognized quality standards for that category of work, and being capable of workmanship complying with those standards. J. New and Unused All units, equipment, parts and material shall be new, unused, manufacturer's current model year and in current production. All materials shall have physical and chemical properties to withstand the intended service. Equipment design shall have sufficient excess capacity for durability and safety. K. Equal/Approved Equal These specifications are intended to be precise where a specific make, model or trade name Is requested. Whenever a make, model or trade name is used, it shall be that or equal, or approved equal. Equal or approved equal means that the make, model or trade name will be given consideration if they fulfill the same performance requirements. The City reserves the right to make the decision on acceptability. Each bidder shall clearly identify make, model or trade name of equipment bid on the face of their quote. Any equipment proposed as an equal to that herein specified must be substantiated with supporting data to justify such request for substitution. L. Hazardous Materials If asbestos or other hazardous materials are discovered during performance of work under this project, Contractor will Immediately notify the Protect Coordinator, so that a Change Order addressing Pollution Control as well as any change in cost may be executed by Purchasing. M. No Disturbance The Contractor shall not disturb grounds or materials outside the sphere of the contracted project. N. Protection of Utilities The Contractor shall protect from damage public and private utilities encountered during the work. Prior City of Yakima Small Works - Imitation to Quote 22609S Page S of 22 to beginning work, the Contractor shall give proper notification as required by RCW 19.122.030 to the agencies that have utilities in place, and shall cooperate with these agencies in the protection and relocation of underground utilities, facilities and structures. The number to call is 10111. O. Waste Materials All refuse and waste material must be collected and disposed of, in a legal manner, by the Contractor off the City's property, at the Contractor's expense. The Contractor must immediately clean up any spilled material from streets, roads, etc. Storage of debris on site is not allowed. P. Repair or Replacement The work shall consist of repair of any incidental damages to walls, moldings, electrical, flooring, landscaping, fencing, paved areas, top soil, turf, or other miscellaneous items within or adjacent to the project area. This includes complete replacement of items that are beyond repair as determined by the City. Should adjacent property be damaged in any manner, Contractor shall immediately contact the Project Coordinator. Contractor shall promptly repair damages caused to adjacent areas, rooms, facilities, property, streets, and sidewalks by construction operations as directed by the City and at no cost to the City. Q. Mobilization and Demobilization Mobilization shall be included In the base unit price for each work order and shall consist of preparatory work and operations performed by Contractor, including his personnel, equipment, supplies and incidentals to the project site. No separate measurement or payment will be made for costs associated with mobilization and demobilization. R. Final Inspection and Acceptance When the Contractor considers the work physically complete and ready for final inspection, the Contractor shall request the City's Project Coordinator to inspect the work. The City will notify the Contractor of any deficiencies in the work after inspection. The Contractor shall Immediately take such corrective measures as are necessary to remedy the listed deficiencies. Corrective work shall be pursued vigorously, diligently, and without interruption until physical completion of the listed deficiencies. This process will continue until the City is satisfied the listed deficiencies have been corrected. If action to correct the listed deficiencies is not initiated within seven (7) days after receipt of the written notice listing the deficiencies, the City may, upon written notice to the Contractor, take whatever steps are necessary to correct those deficiencies. The date of final acceptance shall be determined by the date the Contractor has properly invoiced the City for payment and turned in all required submittals after the final inspection and acceptance has occurred. S. Payments Upon final inspection and acceptance of the work by the City, the Contractor is to submit properly completed invoice(s) to the City of Yakima Accounts Payable, 129 North 2nd Street, Yakima, WA 98901. To insure prompt payment each invoice should cite Quote number, purchase order number, discount terms and include the Contractor's name and return remittance address. In addition, the invoice shall include quote Item description, quantity, unit price, total price, location of work and date work completed. Payment will be mailed within thirty (30) days of acceptance of the completed project, post -work submittals, Prevailing Wage Intents and Affidavits, and a properly completed invoice. Invoice shall be itemized to reflect hours worked and material costs. City of Yakima Small Works — Invitation to Quote 226095 Page 6 of 22 T. Retainage (Must be withheld at 10% in order to waive performance/payment bonds) The City of Yakima shall have the right to withhold ten percent (10%) of the amount of any invoice submitted to the City of Yakima by the Contractor for labor, supervision, and materials furnished by the Contractor up to the time of completion and acceptance of job. Each invoice submitted by the Contractor shall include two separate line items. The first line item is to reflect the total price of the job being invoiced, Tess ten percent (10%) retainage. The second line item will reflect the ten percent (10%) retainage. Payment of said retainage shall be due thirty (30) days after City of Yakima's acceptance of completed work and verification of Prevailing Wage filings with Labor and Industries. City of Yakima Small Works — Invitation to Quote 226095 Page 7 of 22 BIDDER RESPONSiBUJTY CRITERIA FORM it is the intent of City to award a contract to the low responsible bidder,. Before award, the bidder must meet the fallowing bidder responsibility criteria to be considered a responsible bidder, The bidder may be required by the City to submit documentation demonstrating compliance with the criteria.. The bidder must: 1. Have a current certificate of registration as a Contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of quote submittal; Contractor IMP YrN C3L Effective Date: Expiration Date; 2. Have a current Washington Unified Business identifier (UBi) number; URI #. - 5- If applicable; a, Have Industrial insurance (workers' compensation) coverage for the bidder's employees working in Washington, as required in Title 51 RCW; Is account current? + (Yes/No) b. Have a Washington Employment Security Department number, as required in Title 50 RCW; ce Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; 4, Has Contracicsr been disqualified from bidding on any public works contract under ICCW 39.05.010 or 39,12.065(3}. Is Contractor disqualified? (Yes/No) Until Decer°r ber 1, 201'3, not have violated more than one time the off -site, prefabricated, non-standard, project specific items reporting requirements of RCW 39.04,370 Does Contractor have violations? _ (Yes/No) 6, For public works projects subject to the apprenticeship utilization requirements of RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the first date of advertising for the project. Is Contractor in compliance? (Yes/No) 7, Per RCW 39.04,350 and RCW 39,06,020, has the Contractor had Labor and Industries Training or are they exempt? Training Complete 0 Exempt. 1 ,.. Is Contractor in compliance? (Yes/No) 8, Federal Suspension and Debarment: The contractor certifies, that neither it nor its "principals" (as defined in 49 CFR 29,105(p) is presently debarred, suspended,, proposed for debarment, declared ineligible, or voluntarily excluded from participation In this transaction by any federal department or agency. City of Yakima Small Works - Invitation to Quote 22609S rage 8 of 22 Subcontractor Responsibility 1. The Contractor shall include the language of this section in each of its first tier subcontracts and shall require each of its Subcontractors to include substantially the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all Subcontractors regardless of tier. 2. At the time of subcontract execution, the Contractor shall verify that each of its first tier Subcontractors meets the following bidder responsibility criteria: a. Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract quote submittal; b. Have a current Washington Unified Business Identifier number (UBI); 3. If applicable, have: a. Industrial insurance (worker's compensation) coverage for the Subcontractor's employees working in Washington as required in Title 51 RCW; b. A Washington Employment Security Department number as required in Title 50 RCW; c. A Washington Department of Revenue state excise tax registration number as required in Title 82 RCW; b. An electrical Contractor license, if required by Chapter 19.28 RCW; c. An elevator Contractor license, if required by Chapter 70.87 RCW. 4. Has Contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3). 5. Until December 31, 2013, not have violated more than one time the off -site, prefabricated, non-standard, project specific items reporting requirements of RCW 39.04.370. 6. For public works projects subject to the apprenticeship utilization requirements of RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the first date of advertising for the project. 7. Per RCW 39.04.350 and RCW 39.06.020, has the Subcontractor had Labor and Industries Training or are they exempt? Signature by person authorized to certify Information included in Bidder Responsibility Criteria Form: Print Name, Title Co ('9 5v.p...t' - t-rfts tl-rer C9( /?(o Date City of Yakima Small Works - Invitation to Quote 22609S Page 9 of 22 Certification of Compliance ge Payment Statutes (To he submitted with Quote Form) The bidder hereby cert6fies that, within the three-year period immediately preceding the quote solicitation date L. � �� i that the bidder is not a "willful" violator, as defined in RCW 49,48,082, of any provision of chapters 49,46, 49,48, or 49,52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of labor and Industries or through a civil judgment entered by a court of limited or genera! jjurisdict'ron. 1 certify under penalty at perjury under the laws of the State of Washington that the foregoing is true and correct. Bidder ignature oaf uthor Check One;; Individual I: Partnership iwa Joint Venture 7: Corporation State of incorporation, or if not a corporation, State where business entity was formedi u-par'ariershi If c corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). if c co•partnership, proposal must be executed by a partner, City of Yakima Small Works. - inv t taary to Quote 22609S Page 10 of 22 AGREEMENT TY OF YAKIMA INVITATION TO QUOTE #22609S THt$ AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City"), and i i1 r - tgifttrector'), WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: t. Scope of!Work The Contractor shall perform all work and se rr ices and furnish all tools, materials, labor and equipment (collectively referred to as "Services') according to the procedure outlined in the specifications of Quote #22609S titled Supply Fan Motor VFD installation and the quote documents, which are all attached and incorporated herein as Exhibit A, and the most recent edition of the ANSI/ASTM/ASMEJEIS and NEC including any applicable construction standard(s), which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. Work is estimated to be complete by 1150 , 2026, Final work schedule shall be coordinated with Project Coordinator Mike Went, City Hall Building Superintendent, (509) 575-6161 or (509) 728.8517, The Contractor shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the transfer of materials and completing the work provided for in this Contract and every part thereof, except such as are mentioned in the specifications to be furnished by the City of Yakima. 2, Com,xnsatlan The City agrees to pay the Contractor according to Exhibit S, attached hereto and incorporated herein, which Exhibit includes the specifications and payment schedule of itemized prices es listed in the Contractor's Quote submittal at the time and in the manner and upon the conditions provided for the G'ontract. 3, Agency Relationship between City and Contractor Contractor shall, at all times, be an independent Contractor and rrat arm agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on behalf, of City. 4, Successors and Assigns a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights„ duties, or in this Contract without the prior written consent of the other. e in b. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor, 5, Property Rights All records or papers of any serf relating to ttae City and t€a the project will at all time be the property of the City and shall be surrendered to the City upon demand. All information cone min g the City and said project which is not otherwise a matter of public record or required by taw to be made public, is confidential, an tine Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. Inspection and Production of Records a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request City of Yakima Small Works — vitatiort to Quote 226095 Page 11 of 22 b. Contractor shall promptly fumish the City with such information and records which are related to the Services of this Contract as may be requested by the City. Until the expiration of six (6) years after final payment of the compensation payable under this Contract, or for a longer period if required by law or by the Washington Secretary of State's record retention schedule, Contractor shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) ell of Contractor's books, documents, papers and records which are related to the Services performed by Contractor under this Contract. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. c. All records relating to Contractor's services under this Contract must be made available to the City, and the records relating to the Services are City of Yakima records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractors services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. d. The terms of this section shall survive any expiration or termination of this Contract. 7. Work Made for Hire All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property of the City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any other materials the Contractor produces in connection with this Contract. On completion or termination of the Contract, the Contractor shall deliver these materials to the City. 8. Guarantee Contractor warrants the Services will be free from defects in material and workmanship for a period of one year following the date of completion and acceptance of the Services. 9. Compliance with Law Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. Contractor shall procure and maintain all applicable and necessary permits, licenses and approvals of any federal, state, and local government or govemmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work. a. Procurement of a City Business License. Contractor must maintain a City of Yakima Business License and pay all charges, fees, and taxes associated with said license. Contractor must provide proof of a valid Washington Department of Revenue state excise tax registration number, as required in Title 85 RCW. b. Contractor must provide proof of a valid Washington State Contractor Registration number. c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 82 RCW. d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). e. Contractor must provide proof of a valid Washington Employment Security Department number as required by TNe 50 RCW. f. Foreign Non -Washington) Corporations: Although the City does not require foreign corporate proposers to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima at their own expense, without regard to whether such corporation is actually awarded the contract, and in the event that the award is made, prior to conducting any business in the City. City of Yakima Small Works — Invitation to Quote 22609S Page 12 of 22 io, Prevailing x � The Contractor will comply with aft provisions of Chapter 39.12 RCW - Prevailing Wages on Public Work, a, RCW 39.12.01t3 the Prevailing Rate of Wage. It is solely the responsi rbfty of the Contractor to determine the appropriate prevailing wage rate for the services being provided. b. RCW 3912.040 - Statement of Intent to Pay Prevailing Wages and an Affidavit of Wages Paid, Before an awarding agency may pay any sum due on account, it must receive a statement of intent to Pay Prevailing Wages approved by the Department of Labor and Industries. Following final acceptance of a public work project, and before any final money is disbursed, each Contractor and Subcontractor must submit to the awarding agency an Affidavit of Wages Paid, certified by the Department of Labor and Industries. c„ RCW 39.12,070 e Fees Authorized for Approval Certification and Arbitrations, Any fees charged by the Department of Labor and Industries for approvals or fees to cover costs of arbitration conducted shall be the responsibility of the Contractor, The State of Washington prevailing wage rates applicable for this public works project, which is located in Yakima County, may be found at the following website address of the Department of Labor and Industries: httos fli was iovllicensincepermits/pub/is-works-pr©iectsrprevaalineevage-rates. Based on the quote submittal for this project, the applicable effective (start) date of this protect for the purposes of determining prevailing wages is the quote date, February 13, 2026. 11. Certified Payroll far Non -Federally Funded Projects Upon request by the City or by an interested Party, copies of certified payroll shall be provided to City, with employee information such as last name, SSN and address, redacted in accordance with RCW 42,56,2. Q. in order to provide for public records requests. The City reserves the right to require Contractor to deliver to City a copy of the non -redacted Certified Payroll if City determines, in its sole discretion, that, such non -redacted copy is necessary or appropriate in order to enable City to comply with any applicable law, RCW 42.5 .230 7 a Personal lnforrttafrorr xem ti n: Any record used to prove identity, age, residential address, social number, or other personal infosriatlon required to apply for a driver's license or identicard. RCW 39,12,010 (4): An "Interested Party" for the purposes of this chapter shall include a Contrac a Contractor or Subcontractor, an organization whose members' wages, benefits, and conditions chapter, and the director of tabor and industries or the director's designee. Subcontractor, an employee of mptoyment are affected by this WAC 296-127-320 Payroll: (1) Each Contractor shall keep accurate payroll records for three years from the date of acceptance of the public works project by the contract awarding agency, showing the name, address, Social Security number, trade or occupation, straight time rate, hourly rate of usual benefits as defined by WAC (1), and overtime hours worked each day and week, including any employee authorizations executed pursuant to WAC , and the actual rate of wages paid, for each laborer, worker, and mechanic employed by the Contractor for work performed an a public works project. (2) A Contractor shall, within ten days after it receives a written request, from the department or from any interested party as defined by RCW (4), fife a certified copy of the payroll records with the agency that awarded the public works contract and with the department. (3) A Contractor's noncompliance with this section shall constitute a violation of RCW 12rc Nondiscrimination During the performance of this Contract, the Contractor agrees as follows: The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12101 et seq.). City of Yak{ma Small Works Invitation to quote 226095 Page 13 of 22 This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this Agreement. Contractor agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. In the event of the Contractor's noncompliance with the nondiscrimination clause of this contract omit any such rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended In whole or in part and the Contractor may be declared ineligible for any future City contracts. No Provision of this Contract shall require or prohibit action or inaction by either party, or the agent(s) or subcontractors) or either party, that would violate Federal, State, or local law or that would affect the City's eligibility for any federal program or receipt of federal funds. The following provisions are included as required by Washington State law. RCW 35.22.650: Contractor agrees that the Contractor shall actively solicit the employment of minority group members. Contractor further agrees that the Contractor shall actively solicit bids for the subcontracting of goods or services from qualified minority businesses. Contractor shall furnish evidence of the Contractor's compliance with these requirements of minority employment and solicitation. Contractor further agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially equal proposals in the Tight most favorable to said minority businesses. The Contractor shall be required to submit evidence of compliance with this section as part of the bid. Nothing in this Agreement shall require Contractor or any of its subcontractor(s) to take action that would be deemed discrimination or preferential treatment in violation of RCW 49.60.400. Pursuant to RCW 49.60.400(6), this Section does not prohibit action that must be taken to establish or maintain the City's eligibility for any federal program, if ineligibility would result in a loss of federal funds to the City. 13. Pay Transparency Nondiscrimination Provision The Contractor win not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However. employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disdose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) In response to a formal complaint or charge, (b) in furtherance of an Investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or (c) consistent with the contractor's legal duty to furnish information. 14. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions In performing the Services to prevent injury to persons or property. The Contractor agrees to release, indemnify, defend, and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives, insurers, attomeys, and volunteers from an liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other govemmental proceedings arising from or in connection with this Agreement or the acts, failures to act, errors or omissions of the Contractor, or any Contractor's agent or subcontractor, in performance of this Agreement, except for claims caused by the City's sole negligence. b. Industrial Insurance Act Waiver. It Is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. Contractor shall require that its subcontractors, and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable in connection with Its performance of this Agreement, comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential liability for actions brought by their respective employees. The Parties acknowledge that they have mutually negotiated this waiver. c. 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 Contractor and the City, the Contractor's liability, including the duty and cost to defend, shall be only to the extent of the Contractor's negligence. City of Yakima Small Works — Invitation to Quote 22609S Page 14 of 22 d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. e. The terms of this section shall survive any expiration or termination of this Contract. 15. Contractor's Liability Insurance At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect the City and Contractor from and against any and all daims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. If Contractor carries higher coverage limits than the limits slated below, such higher limits shall be shown on the Certificate of Insurance and Endorsements and the City shall be named as an additional insured for such higher limits. Contractor shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should It deem it necessary in the best interest of the public. Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured endorsement attached to the policy will be included with the certificate. This Certificate of insurance shall be provided to the City, prior to commencement of work. Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and neither the City nor its insurance providers shall contribute to any settlements, defense costs, or other payments made by Contractor's insurance. All additional insured endorsements required by this Section shall include an explicit waiver of subrogation. If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the Contract. The following insurance is required: a. Commercial Liability Insurance Before this Contract Is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of commercial liability Insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence, combined single limit bodily injury and property damage, and Four Milton Dollars ($4,000,000.00) general aggregate. If Contractor caries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attomeys and volunteers shall be named as additional insureds for such higher limits. The certificate shall dearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect Said policy shall be in effect for the duration of this Contract The certificate of insurance and additional insured endorsement shall name the City of Yakima, Its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Bests Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor Is not intended to and shall not In any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. b. Automobile Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence. if Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attomeys and volunteers shall be named as additional Insureds for such higher limits. The certificate shall dearly state who the provider is, the coverage City of Yakima Small Works — Invitation to Quote 226095 Page 15 of 22 amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract The certificate of insurance and additional insured endorsement shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the Insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and Non -Owned coverage if necessary. c. Employer's Liability (Stop Gap) Contractor and all Subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent acts of all Subcontractor(s). Contractor is responsible to ensure Subcontractor(s) have insurance as needed. Failure of Subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or responsibility. 16. Severability If any term or condition of this Contract or the application thereof to any person(s) or circumstances Is held Invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Contract are declared severable. 17. Contract Documents This Contract, the Invitation to Quote #22609S, Scope of Work, conditions, addenda, and modifications and Contractor's proposal (to the extent consistent with Yakima City documents) constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated by reference Into this Contract. 18. Termination Termination for Cause In the event the Contractor breaches this Contract, the City may terminate the Contract at its sole discretion in such event that it provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach within 30 days of this notice. In the event the Ciry breaches this Contract, the Contractor may terminate the Contract at its sole discretion in such event that it provides the City with written notice of City's breach and the City fails to cure Its breach of the Contract within 60 days of this notice. The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by the Contractor. a. Defaults on an obligation under the Contract; b. Fails to perform any material obligation required under the Contract; c. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity; d. Allows any final Judgment not to be satisfied or a lien not to be disputed after a legally -imposed, 30-day notice; e. Makes an assignment for the benefit of creditors; f. Fails to follow the sales and use tax certification requirements of the State of Washington; g. Incurs a delinquent Washington tax liability; h. Becomes a State or Federally debarred Contractor, i. Is excluded from federal procurement and non -procurement Contracts; City of Yakima Small Works — Invitation to Quote 226095 Page 16of22 j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract; k. Fails to maintain the confidentiality of the City information that Is considered to be Confidential Information, proprietary, or containing Personally Identifiable Information; I. Contractor performance threatens the health or safety of a City, County or munidpal employee. Termination for Convenience The City may terminate the Contract, without cause, by providing 30 days written notice of termination. In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially competed services. In this event, compensation for such partially completed services shall be no more than the percentage of completion of the services requested, at the sole discretion of the City, multiplied by the corresponding payment for completion of such services as set forth in the Contract. Alternatively, at the sole discretion of the City, the Contractor may be compensated for the actual service hours provided. The City shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the Contractor requesting the refund. Change in Funding In addition to the above termination provisions, if the funds upon which the City relied to establish this Contract are withdrawn, reduced, or limited, or If additional or modified conditions are placed on such funding, the City may terminate this Contract by providing at least five business days written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination. 19. Prime Contractor Contractor Is the Pnme Contractor hereunder. The Prime Contractor shall be the sole point of contact with regard to all contractual matters arising hereunder, including the performance of work and the payment of any and all charges resulting from its contractual obligations. 20. Removal of Subcontractor If dissatisfied with the background, performance, and/or genera! methodologies of any subcontractor, the City may request in writing that the subcontractor be removed. The Contractor shall comply with this request at once and shall not employ the subcontractor for any further work/services under thls Contract. 21. Taxes and Assessments Contractor shall be solely responsible for and shall pay aII taxes, deductions, and assessments, including but not limited to federal income tax, FICA, soda) security tax, assessments for unemployment and industrial injury insurance, and other deductions from income which may be required by law or assessed against either party as a result of this Contract. In the event the City is assessed a tax or assessment as a result of this Contract, Contractor shall pay the same before it becomes due. 22. Waiver of Breach A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Contract shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Contract, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 23. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately In writing of such pending or actual delay. Normally, In the event of any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the reason for delay. 24. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 25. Venue The venue for any action to enforce or interpret this Contract shall Ile In a competent jurisdiction in Yakima County, Washington. City of Yakima Small Works — Invitation to Quote 226095 Page 17 of 22 26. Authority The person executing this Contract, on behalf of Contractor, represents and warrants thatthey have been fully authorized by to execute this Contract an its behalf and to legally bind Contractor to all the terms, performances and provisions of this Con R 27. Change or Notice Any alterations, Including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made, fit no event shall the Contractor be paid or be entitled to ! yment for services that are not authorized herein or i executed amendment, Notice of Business Changes: Contractor shall notify the City in writing within three (3) business days of any change in ownership of the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as possible, and in no event later than three (3) business days, after any decision by the Contractor to change or discontinue service that will affect services provided to the City under this Contract, The City shah have the right to renegotiate the terms and conditions of this Contract to the extent required to accornirtodate a change in governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's duties hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible, patently unreasonable, or unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the parties at their addresses as follows: 28, Survival The foregoing their terms, TO CITY. City of Yakima Purchasing Susan Knotts, Buyer II 129 North Second Street Yakima, WA 98901 ny pr pert)? TO CONTRACTOR; 4 Li 15i5 2_ ections of this Contract, 1.27 inclusive, shall survive the expiratior or termination of this Contract in accordance with IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written, CITY OF YAKIMA City Manager Attest: City Clerk List of Exhibits attached to this contract Exhibit. A — Specifications Exhibit B - Contractors Quote Proposal City of Yakima Simali Works® nvitation to Quote 726Li95 CONTRACTOR NAME Page 18 of 22 EXHIBIT A EXHIBIT B Specifications Separate Attachment Contractor's Quote Proposal Separate Attachment ATTACHMENT A - SAMPLE CERTIFICATE OF INSURANCE WITH ADDITIONAL INSURED ENDORSEMENT City of Yakima Small Works — Invitation to Quote 226095 Page 19 of 22 C A E OF RA.N C E AND CC73 EIK E` CI) C R AL T' 4t�£' C0,14%'ti I,„CtE'"sfw:C;'1' CATS t;C1aLE . The ACORD a0000 : 0000V0teryd n o€ks — Inudtateo,n to Quote 226095 Page 20 of 22 OLIC rE It, fiER THIS ENDORSEMENT CHANGES 1" E L7LJCY. PLEASE READ IT CAREFULLY,. ADDITIONAL N8URED . OWNERS LESS 'ES OR CONTRACTORS SCHEDULED PERSON OR OR ANIZATION raitastrto-t; t ties =r. .r ', No,yded uodet ule f <,,ay ;f, omhAEHC AL GENIE 811, a CEA, IRA GE PAR,; SCHEINJEE tlaait O3Add -''I1asna Insured Peryonf ) City of Yakima Sma16 Works Invitation to Quo 226095 Page 21 of 22 Cond9ttofss City of YSmall Works 1ftwitation to Quote 22609S Page 22 of 22 AC„`C ALLPHAS-02 „ ' lci DATE I14104/1M1YYYYI � i � L. r a ILITY IN JRANCIE 2/2012028 THIS CERTIFICATE 1S 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 PORTANT: If the certificate holder ADDITIONAL INSURED, t s.. In an ADt71TtONAL INSURED, the policy(lea) must have ADDITIONAL INSURED provisions or be endxrrsed. 9ROiGATIQN IS WAIVED, subject to the terms end conditions of the policy„ certain policies may require an endorsement, A statement en tl In lieu of such endorsement(,). does not W ©rtlficatkInsurance, h4s to the certificate holder u ...m ..,.. PH P:O, Bsalr 17 Yakima, WA 56307 All Phase Electric, Inc, Ali Phase Agricultural Engin4Yar1TIg; Ail Phase Companies; Ail Phase Cosatt'srla and Automation; All Phase Engineering 1515 W Ahtanum Rd Union Gap, WA 9W®D3 THIS IS TO CEi Ti VY' THAT THE INDICATED NOTWITHSTANDING ANY CERTIFICATE MAY BE ISSUED OR MAY EXCLUSIONS AND CONDITIONS OF SUCH MIlFR,_ TYPE, OF IN3U RAMC t.. <. 'CSC» .._O_. A ; X core4IejcIAL oekERAL IJAaIu7Y CLAMS -MADE X = ,,T CuR I EiENRI�; x YAUTO TOT FCiS C1#4i„Y N X I UPIBRELLALAB EXCE9J LIA@s LEO X I RETE ITU WORKERS COMPENSATION AND EMPLOYERS' tike ILIrr PER, PARTNE FL°E.Yri;;i, EXCL. T SEC, 1. INSURANCE LISTED BELOW F•IAVE BEEN ISSUED TO THE IItSU UIREMENT„ TERM OR CONDITION OF ANY CONTRACT OR OTHER PERTAIN, THz• 3NSURANCE AFFORDED 6Y THE POLICIES DESCRIBED POLICIES LIMI"'S SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, Aatil S1}a3 POLIO' EFF 1 P©LILY EIt,P Plap'„ riPa.,, , �� us.TYT.,,� t509 2^' -3515 rta twins.corn INBtiRER SLAP' O iDI NG Cisv ``/AGL e....,,»a....,�.., .... roJ^APC,! National Mutual Insurance Co `i5377 file It1 Iaf YAlslma snd Its egesis, e+mpteye Wttfro waiver of YRubrcRttetion, iaerf tm MU { Primp and City. Of Tak,Sils 12E N S. b d St 1`"SkANNt, WA 'SSt7t 1a 't„RSfl3 2$ PO 6,1O3) IC P P16413A5 312026 'E 2d13/2027 CPP1633253 i 2J13d2 22. br©gation applies per CAIttUQ) 9) 246.3673_ AMEO ABOVE FOR THE POLICY PERIOD MENT WITH RESPECT TO WHICH THIS ON IS SUBJECT TO ALL THE TERMS, 1,000,000, 100 0001 15,.000 1,000,000 2,000,004` IVA STOP GAP t ... .. 4&61 ti60,0.._ G'Crr�€9IE:4.A "'�pC1C3Lr: ,51T ` az� 7 .. m REG iT A rO at 00 oo0l 00,000i rw 71;W ,w+a 4,quIm•ay a, par a s o.% c,on,haalcA., is a,%rust a% aal haswalid form SWAN: //T II3T4 AI,PIC t d,ittiorkal Err ureef, with buses„i7 ANY OF THE.AT�R;,raL CLES'p'Ir3c F`D FOLI CIE;S Be CANCELLED SENORES THE r EXPOIATION DATE TCIERRk OF". NOTie. S ?MLA, It1SS TSFI„3` ER D EN ;IAC'.i,S?1 DANCE WfTH Y:PIL TOE,IL:'Y PR I EEIJNS. T;Tas ACORD n rn ..and logo are rogild ld marks ear AC PORA1/UN twit 1'Idlltb Ec OPE POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG MU 0088 03 24 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED CONTRACTORS - TIONS AND CO ";" PLETED OPE TIONS ITH ADDITIONAL INSURED REQUIREMENT IN CONSTRUCTION C(DNT "` h CT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART f. Additional Insured -a Operations A. Section II -- Who Is An Insured is amended to include as an additional insured: (1) Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and (2) Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1_ above,. Such person(s) or organization(s) is an additional insured only with respect to liability for 'bodily injury'', 'property damage" or "personal and advertising injury" caused, in whole cr in part, by: a, Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured, B, With respect to Additional Insured - Operations, coverage is limited as follows: This insurance does not apply to "bodily Injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of 'your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged In performing operations For a principal as a part of the same project. 2. Additional insured - Completed Operations A. Section II - Who Is An Insured is amended to include as an additional insured: (1) Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and (2) Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1, above. Such person(s) or organization(s) is an additional insured only w'i h respect to liability for "bodily injury' , "property damage" or "personal and advertising in)ury caused, in whole or In part, bye a. Your acts or omissions: or b. The acts or omissions of those acting on your behalf; and included in the "products -completed operations hazard'. U 0088 03 24 Page 't of 2 Includes copyrighted material of Insurance Services Office, Inc, n B. With respect to Additional Insured — Completed Operations, coverage is limited as follows: (1) A person or organization's status as an insured under Additional Insured — Completed Operations continues only for the period of time required by any written contract or agreement. (2) The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" for which a consolidated (wrap-up) Insurance program has been provided by the prime contractor -project manager or owner of the construction project in which you are Involved. 3. Primary and Noncontributory The following Is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This Insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing In a contract or agreement that this Insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 4. Other Provisions Applicable to Additional Insured — Operations and Additional Insured — Completed Operations A. The Amendment of Insured Contract Definition (Endorsement CG 24 26) does not apply to an additional Insured. B. The coverage provided under Paragraph 1. of the definition of "insured contract" under Section V — Deftnitions does not apply to an additional insured under this endorsement unless required by a written contract or agreement. C. The insurance afforded to such additional insured only applies to the extent permitted by law; and If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section HI — Limits Of Insurance: If coverage provided to the additional Insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: (1) The minimum amount required by the contract or agreement; or (2) The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown In the Declarations. E. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage° or "personal and advertising injury° arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or falling to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury' or "property damage", or the offense which caused the "personal and advertising Injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. CG MU 0088 03 24 Includes copyrighted material of insurance Services Office, Inc., with its pemdssion. Page 2 of 2 CAL AB' t`tae t"ornmerr ial General Liabilit tiancements, The following is a vrded by t is summary,. refer to folio COMMERICAL GENE CG L A tl_JTY 0009 06 22 N ANC ' EN E u. ncernent Endorsement is an optiondi endorsement that provides coverage en„ ery of broadened coverages provided by this. endorsement. No coverage is pro ndorsement for changes in your policy. SUMMARY OF COVERAGES Bodily Injury And Property Damage ii;abilldr • Non Owned Watercraft Up To t3 Feet Property Damage Liability • ttiivatot`5.,,�...................xau. ,,. ..�,4.«...a.�..4.,�<,,,..,..._, ..... ...� .,a.._,,.. • ire, Lightning, Explosion Or Sprinkler Leakage Exceptiori............�. 4 Borrowed Equipment •(525,000 Per Occurrence, S5Q000 Aggregate, $2 500 Deductible Per Occurrence,„„..„....--, . ............. . .. Supplementary Payments - Amended • Loss of Earnings Up To 5500'Day PAGE Who is An In re t Amendments • Employee Bodily Injury To A Co-Employee......4 ® Newly Formed Or .Acquired Organizations For 'Up To t� Da.ys..,..,r...................P....,.. ,_..4 M Blanket Additional Insured ii. Vendors -- As Required By Contraci..4 'Blanket Additional Insured .- Lessor Of Leased Equipment ........_._, ... ,..6 4 Blanket Additional insured -'Managers Or L„es$ors Of Premises...„, ........„„.„...,._.,..�,.., • Blanket Additional insured - State Or Governmental Agency Or Subdivisions Or Political Subdivision - Permits Or Authorizations ,."T Blanket Additional Insured -- State Or Governmental Agency Or Subdivision Or 'Politic:atSubdivision Permits Or Authorizatians Relating To Premises..... .. ...S Damage To Premises Rented To You - $300,00.0„. a............_ .....,..,x.... ,.. ,..... . Me Tic t Payments Increased Limit - $1O,000 Or Amount Shown on Declarations Cond i Knowledge of Occurrence, Offense, Claims Or Suit Amended o.._....,.,f_a...,,_,_ ....,... Unintentional Failure• To Disclose V lazards,...,,..,.,w....,.., _.„.„„...,....o ..�................„ Waiver of Subrogation._. Insured Contract A,mended... Personal And Advertising Injury ftr refaced 4 Televised, Videotaped Or Electronici?ublicuttarn,„ CG MU 0009 06 22 pyrigh4ed rrrateriei ofthe Ins'ur nce Service Office, Inc., osth iis pe.reius zs . Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG MU 0009 06 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. SECTION I — COVERAGES AMENDMENTS COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY A. Non Owned Aircraft Or Watercraft Item 2. Exclusions, Paragraph g. is replaced by the following: 9• Aircraft, Auto Or Watercraft "Bodily Injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing In the supervision, hiring, employment, training or monitoring of others by that Insured, if the "occurrence" which caused the °bodiy Injury" or °property damage" involved in the ownership, maintenance. use or entrustment to others of any aircraft, 'auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 50 feet long; and (b) Not being used to carry persons or property for a charge; This Subparagraph (2) applies to any person, who with your expressed or implied consent, either uses or is responsible for the use of the watercraft; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the Insured; (4) Liability assumed under any Insured contract for the ownership, maintenance or use of aircraft or watercraft; or (5) °Bodily injury" or "property damage° arising out of. (a) The operation of machinery or equipment that Is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f. (2) or f. (3) of the definition of "mobile equipment". CG MU 0009 06 22 Indudes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 2 of 10 B. Damage To Property Coverage Extensions item 2. Exclusions, Paragraph J. is replaced by the following: J. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of Injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, If the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was Incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion or sprinkler leakage) to premises, Including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III — LIMITS OF INSURANCE. However, the provisions of this paragraph do not apply ii coverage for Damage To Premises Rented To You is excluded by endorsement. Paragraph (2) of this exclusion does not apply if the premises are "your work' and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while not being used to perform operations at the jobsite. Subject to Paragraph 2. of SECTION III — LIMITS OF INSURANCE, the rules below fix the most we will pay for "property damage" under this provision: (1) $25,000 any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence"; (2) $50,000 annual aggregate; and (3) We will pay only for damages in excess of $2,500 as a result of any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that °occurrence". We may, or if required by law, pay all or any part of any deductible amount, If applicable, to effect settlement of any claim or "suit". Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard". The insurance provided for 'property damage" from the use of elevators and for "property damage" to borrowed equipment Is excess over any other valid and collectible property insurance (including any deductible portion thereof) available to the insured whether primary, excess, contingent or on any other basis. C. Damage To Premises Rented To You Item 2. Exclusions, the last paragraph Is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Paragraph 6. of SECTION III — LIMITS OF INSURANCE. CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 3 of 10 COVERAGE B - PERSONAL AND ADVERTIS$NG NJURY LIABILITY C. Personal And Advertising Injury Item 2. Exclusions is amended by replacing Sub -paragraphs b. and c, with the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its °falsity, c. Material Published Prior To Policy Period "Personal and advertising injury' arising out of oral, written, televised, videotaped or electronic publication, in any manner, of material whose first publication took place before the beginning of the policy period. SUPPLEMENTARY PAYMENTS - COVERAGES A AND i8 E, Supplementary Payments - Coverages A and B Item 1. is amended by replacing Subparagraphs b. and d, with the following: b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violattrans arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies, We do not have to furnish these bonds. d. 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 $500 a day because of time off from work, SECTION II - WHO IS AN INSURED AMENDMENTS A. Employee Bodily injury To A Co -Employee Paragraph 2. a, (1) is replaced by the following: However, none of these "employees" or "volunteer workers" are insure ds for 'bodily injury` or "personal and advertising injury (a) To you, to your partners or members (if you are a partnership or int venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of the co•"employee" or 'volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if a suit seeking damages for "bodily injury" or "personal and advertising injury" to any co -employee" or other volunteer worker" arising out of and in the course of the co -"employee's" or *"volunteer workers" employment or while performing duties related to the conduct of your business, or a sult seeking damages brought by the spouse, child, parent, brother or sister of the co:employee" or other "volunteer worker", is brought against you or a co -"employee" or a 'volunteer woricer", we will reimburse the reasonable costs that you incur in providing a defense to the co -"employee" or "volunteer worker" against such matters. Any reimbursement made pursuant to this sub -section will be in addition to the omits of liability set forth in the Declarations, B. Newly Acquired Organizations Paragraph 3. a. is replaced by the fallowing: a. Coverage minder this provision is afforded only until the 180"" day alter you acquire or form the organization or the end of the policy period, whichever is earlier; CG MU 000a 06 22 r€oviu a5 cop Page 4 of 10 The following are added: C. Blanket Additional Insured — Vendors — As Required By Contract 1. Section II — Who Is An Insured is amended to Include as an additional insured any person(s) or organization(s) (referred to throughout this endorsement as vendor) with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold In the regular course of the vendor's business. However, a. The insurance afforded to such vendor only applies to the extent permitted by law; and b. If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. 2. With respect to the insurance afforded to these vendors, the following additional exdusions apply: a. The insurance afforded the vendor does not apply to: (1) "Bodily Injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have In the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change In the product made Intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make In the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which. after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (I) The exceptions contained in Subparagraphs (4) or (6); or (II) Such Inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 3. This Provision C. does not apply: a. To any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products; b. To any vendor for which coverage as an additional insured specifically is scheduled by endorsement; or c. When liability included within the "products -completed operations hazard" has been excluded for such product either by the provisions of the coverage part or by endorsement. 4. With respect to the insurance afforded to these vendors, the following is added to Section III— Limits Of Insurance: If coverage provided to the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG MU 0009 06 22 Includes copyrighted material or the Insurance Service Office, Inc., with its permission. Page 5 of 10 5. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured, if the 'occurrence' which caused the 'bodily injury" or 'property damage", or the offense which caused the °personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. D. Blanket Additional Insured — Lessor Of Leased Equipment 1. Section I1— Who Is An Insured is amended to Include as an additional insured any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement, executed prior to loss, that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising Injury" caused by your negligent acts or omissions In the maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. c. Does not apply to any "occurrence" which takes place after the equipment lease expires; A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. 2. With respect to the insurance afforded to the Lessor, the following additional exclusions apply: "Bodily injury" or "property damage" arising out of: (1) The assumption of liability In a contract or agreement. This exclusion does not apply to liability for damages that the Lessor would have in the absence of the contract or agreement; (2) Any express warranty made by the Lessor; (3) The demonstration, installation, servicing, inspections, adjustments, tests, repair, or maintenance operations by or for the Lessor, (4) The negligence or strict liability of the Lessor for its own acts or or omissions or those of its employees or anyone else acting on Its behalf; or (5) Any failure on the part of the Lessor to provide information, instructions and/or warnings with respect to the maintenance, use or operation of the equipment. 3. With respect to the insurance afforded to these additional Insureds, the following is added to Section Ili — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CGM000090622 Includes copyrighted material of the Insurance Service Office, Inc., with its pernusson Page 6 of 10 4. With respect to the is tsurance afforded to these additional insureds" the following additional exclusion applies: This insurance does not apply to: a. ''Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, ar failing to prepare or approve, reaps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory,. inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal andadvertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. E. Blanket Additional Insured — Managers Or Lessors Of Premises 1. Section II —Who Is An insured is amended to include as an additional insured any person(s) or organization(s) with whom you have agreed In a written contract, executed prior to loss, to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you, subject to the following additional exclusions: This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b, if coverage provided to the additional insured is required by a contract or agreement„ the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to Section 11i — Limas Of Insurance: if coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b, The Limits of Insurance shown in the Declarations: whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the declarations, 3. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training ar monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage', or the offense which caused the "personal and advertising Injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect ar surveyor. 0 0 22 he Rnsur ince Serikce O'tryce, inc., with its perm ssior _ Page 7 of 10 F. Blanket Add Or Authorize nsured — State Or Governmental Agency Or Subdivision Or Political Subdivision — Permits Section 11 —Who is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision with whom you have agreed in a written contract, executed prior to loss„ to name as an additional insured, subject to the following provisions: 1, This insurance applies only with respect to operations performed by you or can your behatf for which the state or governmental agency or subdivision or political subdivision has issued a permit ar authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This Insurance does not apply to: a, "Bodily injury" "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property darnage" included within the "products -completed operations hazard", 3. With respect to the Insurance afforded to these additional insureds, the following is added to Section iII — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will ply on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of insurance shown in the Declarations. d. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a, "Bodily injury", "property damage' or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2 Supervisory, inspection, architectural or engineering activities, This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured,if the 'occurrence" which caused the "bodily injury" or ",property damage", or the offense which caused the "personal and advertising injury*, involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor, G. Blanket Additional insured — State Or Governmental Agency Or Subdivision Or Political Subdivision Permits Or Authorizations Relating To Premises Section It — Who I An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision with whom you have agreed in a written contract, executed prior to toss, to name as an additional insured, subject to the following provision: 1. This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: a, The existence, maintenance, repair, construction, erection ar removal or advertising signs, awnings, canopies, cellar entrances, coal holes. driveways, manholes, marquees, hoist away openings, sidewalk vaults„ street. banners or decorations and similar exposures; or b. The construction, erection or removal of elevators; or c, The ownership, maintenance ar use of any elevators covered by this insurance, CG MU 0009 06 22 a Service CKfic€, Ono. ^wit t r r rrr d irsrs. Page 8 of 10 However, a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following Is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever Is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3. With respect to the insurance afforded to these additional Insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, Including: (1) The preparing, approving, or falling to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. Thls exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence' which caused the "bodily injury" or 'property damage", or the offense which caused the °personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. SECTION III — LIMITS OF INSURANCE AMENDMENTS A. Damage To Premises Rented To You Paragraph 6. is replaced by the following: 6. Subject to Paragraph 5. above, the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by tire, lightning, explosion or sprinkler leakage, while rented to you or temporarily occupied by you with permission of the owner is the greater of: a. $300,000; or b. The amount shown next to the Damage To Premises Rented To You Limit in the Declarations. However, the provisions of this paragraph do not apply if Damage To Premises Rented To You Coverage is excluded by endorsement. B. Medical Expense Limit Paragraph 7. is replaced with the following: T. Subject to Paragraph 5. above, the most we will pay under Coverage C for all medical expenses because of 'bodily injury" sustained by any one person is the greater of: a. $10,000; or b. The amount shown next to the Medical Expense Limit in the Declarations. This Insurance does not apply if coverage for Medical Expenses is excluded either by the provisions of the coverage part or by endorsement. CO MU 0009 06 22 Includes copyrighted material of the Insurance Service Office. Inc., with Its percussion. Page 9 of 10 SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS AMENDMENTS A. Knowledge Of Occurrence Item 2. Dudes In The Event Of Occurrence, Offense, Claim or Suit is amended by adding the following: e. You must give us or our authorized representative prompt notice of an "occurrence", claim or loss only when the "occurrence", claim or loss is known to: (1) You, If you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or insurance manager, If you are a corporation; or (4) A member or manager, if you are a limited liability company. B. Other insurance Item 4. Other Insurance, b. Excess Insurance (1) (a) (li) is replaced by the following: (ii) That Is fire, lightning, explosion or sprinkler leakage insurance for premises rented to you or temporarily occupied by you with permission of the owner, C. Unintentional Failure To Disclose Hazards Item 6. Representations is replaced by the following: 6. Representations And Unintentional Failure To Disclose Hazards a. By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy In reliance upon your representations. b. If you unintentionally fail to disclose any hazards existing at the Inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. D. Waiver of Subrogation Item 8. 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 ongoing operations or "your work" done under a written contract, executed prior to loss, requiring such waiver with that person or organization and Included In the "products -completed operations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under thls Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. SECTION V — DEFINITIONS AMENDMENTS A. Insured Contract Amended Paragraph 9. a. is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that Indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; B. Personal And Advertising Injury Redefined Paragraph 14. d. and e. are replaced by the following: d. Oral, written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organlzatlon's goods, products or service; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 10 of 10 CA MU 0081 09 25 BUSINESS AUTO ENHANCEMENT PLUS ENDORSEMENT The Business Auto Enhancement Plus Endorsement is an optional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this sum- mary, refer to the following endorsement for changes In your policy. SUMMARY OF COVERAGES PAGE Accidental Airbag Deployment Coverage 5 Audio, Visual And Data Electronic Equipment — Limit Amended 5 Auto Loan/Lease Gap Coverage 5 Blanket Additional Insured 3 Blanket Primary And Noncontributory If Required By A Written Contract Or Written Agreement 6 Blanket Waiver Of Subrogation 6 Broadened Definition Of Insured includes: • Newly Acquired Organizations for up to 180 Days 2 • Employees as Insureds 2 • Subsidiaries In Which You Own 50% or More 2 Deductible Waiver For Glass Repair 3 Employee Hired Auto 2, 6 Fellow Employee Coverage 3 Hired Auto Physical Damage Coverage 3, 4 Knowledge Of Accident, Claim, Suit Or Loss 5 Loss Of Use Expenses - Amended 3 Personal Effects Coverage 4 Rental Reimbursement 4 Supplementary Payments - Amended: • Bail Bonds up to $5,000 3 • Loss of Eamings up to $500/Day 3 Temporary Substitute Vehicle Physical Damage 2 Towing And Labor 3 Tractor Trailer Combined Deductible 5 Transportation Expense Limits — Amended 3 Unintentional Failure To Disclose Hazards 6 CA MU 0081 09 25 Includes copyrighted material of Insurance Services Office, with its permission. Page 1 of 6 CA MU 0081 09 25 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BUSINESS AUTO ENHANCEMENT PLUS ENDORSEMENT This endorsement modifies the insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Business Auto Coverage Form identified in this endorsement will be amended as shown below. SECTION I — COVERED AUTOS COVERAGE AMENDMENTS A. Temporary Substitute Vehicle Physical Damage SECTION I — COVERED AUTOS, C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos is amended by adding the following: If a covered °auto° you own is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss", or e. Destruction; the Physical Damage Coverages provided by the Business Auto Coverage Form for that disabled covered "auto" are extended to any "auto" you do not own while used with the permission of its owner as a temporary substitute for the covered "auto" that Is out of service. SECTION II — COVERED AUTOS LIABILITY COVERAGE AMENDMENTS A. Who Is An Insured SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is amended to add: d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the effective date of this coverage form. However, "insured" does not Include any subsidiary of yours that is an "insured" under any other automobile liability policy or would be an "insured" under such policy but for termination of such policy or the exhaustion on such policy's limits of insurance. e. Any organization which is newly acquired or formed by you and over which you maintain majority ownership. How- ever, coverage under this provision: (1) is afforded only for the first 180 days after you acquire or form the organization or until the end of the policy period, whichever comes first; (2) does not apply to 'bodily injury" or "property damage" that results from an "accident' that occurred before you formed or acquired the organization; (3) does not apply to any newly acquired or formed organization that is a joint venture or partnership; and (4) does not apply to an 'insured' under any other automobile liability policy or would be an 'insured" under such a policy but for termination of such policy or the exhaustion of such policy's limits of insurance. f. Any 'employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. g. Any "employee" of yours is an "insured' while operating a covered 'auto" hired or rented under a contract or agree- ment in the "employee's' name, with your permission, while performing duties related to the conduct of your busi- ness. CA MU 0081 09 25 Page 2 of 6 Includes copyrighted material of Insurance Services Office, with Its permission. CA MU 0081 09 25 B. Blanket Additional Insured SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who is An Insured, Paragraph c. is amended to add the following: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an additional insured is an "insured" for Liability Coverage, but only for damages to which this Insurance applies and only to the extent that persons or organization qualifies as an "insured" under the Who Is An Insured provision contained In Section II. C. Liability Coverage Extensions — Supplementary Payments SECTION II — COVERED AUTOS UABIUTY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplemen- tary Payments is amended by replacing subparagraphs (2) and (4) with the following: (2) Up to $5,000 for cost of bail bonds (Including bonds for related traffic law violations) required because of an "acci- dent" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. D. Fellow Employee Coverage SECTION II — COVERED AUTOS LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee, the following is added: Co -Employee Lawsuit Defense Cost Reimbursement If a suit seeking damages for 'bodily injury' to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's' employment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of that fellow "employee", is brought against you, we will reimburse reasonable costs that you incur in the defense of such matters. Any reimbursement made pursuant to this sub -section will be In addition to the limits of liability set forth in the Declarations. SECTION 111— PHYSICAL DAMAGE COVERAGE AMENDMENTS A. Towing And Labor SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 2. Towing And Labor, Is amended by adding the following: We will pay up to $250 for towing and labor costs incurred each time a covered "auto" is disabled. However, the labor must be performed at the place of disablement. This $250 limit is reduced by any applicable towing limit shown in the Declarations. Regardless of the number of disablements, the maximum amount we will pay under this endorsement for all towing and labor costs combined during any one year is $2,500. B. Glass Repair — Deductible Waiver SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 3. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles, is amended by adding the following: No deductible will apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. C. Transportation Expense — Limits Amended SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Ex- penses is amended by replacing $30 per day/$900 maximum limit with $50 per day/$1,500 maximum limit. D. Hired Auto Physical Damage — Loss Of Use Expenses — Limits Amended SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, b. Loss of Use Expenses is amended by replacing the $30 per day/$900 maximum limit with $50 per day/$1,500 maximum limit. CA MU 0081 09 25 Includes copyrighted material of Insurance Services Office, with its permission. Page 3 of 6 CA MU 0081 fag 25 E. Personal Effects Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: c. Personal Effects We will pay up to $1,000 for "loss'" to personal effects, which are: (1) Owned by an "insured"; and (2) In or on your covered "auto., This coverage applies only in the event of the total theft of your covered "auto," No deductible ;applies to this cover- age F. Hired Auto Physical Damage SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage is intended by adding the followingµ 5. Hired Auto Physical Damage If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this coverage form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos' you hire of like kind and use, subject to the following: a. The most we will pay far any one "loss' is $1000,000 or the actual cash value or cost to repair or replace, 'whichever is less, minus a deductible; b. The deductible will be equal to the 'largest deductible applicable to any owned "'auto" for that coverage. Any Comprehensive deductible does not apply to "loss" caused by fire or lightening; c. Hired Auto Physical Damage coverage is excess over any other collectible insurance; and d. Subject to the above limit, deductible and excess provisions we will provide coverage equal to the broadest coverage applicable to any covered "auto' you own. If a limit for Hired Auto Physical Darnage is indicated in the Declarations, then that limit replaces, and is not added to, the $100,000 limit indicated above, G. Rental Reimbursement SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the foltowit g: 6. Rental Reimbursement This coverage applies only to a covered "auto" of the private passenger or Tight truck type as follows: a. We will pay for rental reimbursement expenses incurred by you for the rental of a private passenger or light truck type "auto" because of loss" to a covered private passenger or light truck typo "auto", Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered private passenger or light truck type "auto." No deductibles apply to this coverage. b. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss"' and ending, regardless of the policy's expiration, with the lesser of the following number of days: (1) The number of days reasonably required to repair or replace the covered private passenger or light truck type "auto", If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered private passenger or light truck type "auto" and return it to you; or (2) 30 days, c. Our payment is lirt iti d to the lesser of the following am runts: (1) Necessary and actual expenses incurred, or (2) $50 per day, up to a maximum of $1,500. d. This coverage does not apply while there are spare or reserve private passenger or light truck type "autos" available to you for your operations. e, If "loss" results from the total theft of a covered "auto" of the private passenger or light truck type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under SECTION Ill PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extension, For the purposes of this Rental Reimbursement coverage, Tight truck is defined as a truck with a gross vehicle weight of 10,000 Ibs or less as defined by the manufacturer as the maximum loaded weight the auto is designed to carry. CA MU 0091 09 25 Includes copyng' led material of Insurance Services Office, with its perm Page 4 of 6 CA MU 0081 09 25 H. Accidental Airbag Deployment Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage is amended by adding the following: 7. Accidental Alrbag Deployment Coverage We will pay to reset or replace factory installed airbag(s) in any covered "auto" for accidental discharge, other than discharge due to a collision toss. This coverage is applicable only if comprehensive coverage applies to the covered 'auto". This coverage is excess over reimbursement by manufacturer's warranty or a warranty specifically designed to provide this coverage. I. Auto Loan/Lease Gap Coverage SECTION I11— PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following: 8. Auto Loan/Lease Gap Coverage This coverage applies only to a covered "auto" described or designated In the Schedule or in the Declarations as including physical damage coverage. In the event of a covered total "loss" to a covered "auto" described or designated In the Schedule or in the Declara- tions, we will pay any unpaid amount due on the lease or loan for a covered 'auto" less: a. The amount paid under the Physical Damage Coverage Section on the policy; and b. My: (1) Overdue lease/loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not retumed by the lessor, (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease: and (5) Carry-over balances from previous loans or leases. J. Audio, Visual and Data Electronic Equipment — Limit Amended SECTION 11I - PHYSICAL DAMAGE COVERAGE, C. Limits of Insurance, 1.b. is amended by replacing the $1,000 limit with a $5,000 limit. K. Tractor Trailer Combined Deductible SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible is amended by adding the following: If you have a "loss" to a truck -tractor and one or more 'trailers°, which are attached to one another at the time of the "loss", then only the single highest deductible for any of such covered "autos" will apply. For the purposes of this combined deductible, a `truck -tractor" is dented as a motorized auto with our without body for carrying commodities or materials, equipped with a fifth -wheel coupling device for semitrailers. SECTION IV — BUSINESS AUTO CONDITIONS AMENDMENTS A. Duties In The Event Of Accident, Claim, Suit Or Loss Amended SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss, a. is amended by adding the following: This condition applies only when the "accident" or "loss" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; or (4) A member or manager, if you are a limited liability company. But this section does not amend the provisions relating to notification of police, protection or examination of the property which was subject to the "loss". CA MU 0081 09 26 Page 5 of 6 Includes copyrighted material of Insurance Services Office. with its permission. CA MU 0001 09 25 B, Blanket Waiver of Subrogation Section IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights of Recovery Against Others to Us, is amended by adding the following exception; However, we waive any right of recovery we may have against any person or organization to the extent required of you by a written contract signed and executed prior to any "accident- or "loss', provided that the "accident' or 'loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contractor C. Unintentional, Failure to Disclose Hazards SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misropresentation Or Fraud, is amended by adding the following paragraph: If you unintentionally fail to disclose any hazards existing at the inception date rsf'ttte policy, or during the policy period in connection with any additional hazards, we will not deny coverage under this Coverage Part because of such failure. D. Employee Hired Auto SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other insurance, Paragraph b. is deleted and replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be a covered "auto' you own: (1) Any covered "auto" you lease, hire, rent or borrow. (2) Any covered "auto hired or rented by your "employee' under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered auto". E. Blanket Primary and Noncontributory If Required By Written Contract or Written Agreement SECTION IV BUSINESS AUTO CONDITIONS, , General Conditions, 5. Other insurance c., the following 'rs added and supersedes any provision to the contrary: This Coverage Form's Covered Autos liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: (1) Such 'insured" is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured': CA MU 0081 09 25 Includes copyrighted materlat of Insurance Services Oft —ice, with ea perrr?4�ion, Page 6 of 6 1515 W Ahtanum Rd Union Gap, WA, 98903 GC 1IALLPHPE819MB EC 4ALLPHPE923MQ P: (509) 454-5093 I F: (509)454-5082 Email: info@aliphaseco.com Date: 2/26/26 Customer: City of Yakima Attention: Susan Knolls Job Name: Supply Fan Motor VFD Installation Job Location: 129 V. 2"s St All -Phase Job Number: P-10328 A Scope eludes the following: • Disconnect, remove, and dispose o ex'istirag magnetic • Install (1) 40A480V 3PHABB ACH580 HVAC VFD wv' a'rx"egrxal rracarxraul bypass and DL°L 1'filte r o Ali -Phase to provide VFD, filter, conduit Install equipment grounding conductor between VF'D and motor. o Existing moor does not have equipment grounding conductor, and this is rerluired, t r VFD • Install 4-conductor control wire between VFD and existing Johnson control panel' (DDC control wiring) • Factory authorized programming and startup of VFD 13, 1 plus at,lie, taxes o Work will be per:rrmcd in accordance with national and state requirements o !Pleiades electricalpermit o Does not include any work not outlined in the taboov scoiae olimorll o Does not include any conduit/ l iringr to art ;tor Payment as daze aaaon receipt, Lrrtrecxts iasti may be withdrawn by us ifraeat txoceanted wit Prepared by Erik Gaskell erik,gaskel1 Pallphasecra.com i {509) 949-r2566 ACCEPTANCE OF PROPOS ;l : 1f the a hereby accepted, You. are atdhorc?ed to do t Ail -Phase cots #P- 032 A ay be progressive pilled. This proposal spe1:ij:eatBi t S an a' on Ada r F. are <Sa as spec: ied;; payments will ire as outlined ca 1of2 Approved & Accepted r Representative) 1515 W Ahtanurn Rd Union dap,. WA, 98903 GC #ALLPHPE819MQ EC #ALLPHPE923MQ P: (509) 454-5 93 F: (509)454-5082 Ema'i ; n @aiiphasecc3 corn Date of Acceptance 'rrnt .t ame (C'usto ne epresentative) Title All -Phase Job #P-1t 328 A 2of2 Al Outlook e V quote From Erik Gaskeil <erik.gaskeii@allphateco.coni> Date Wed 2/25/20126 11:47 AM To Breann Speer <Breann.Speer@aliphasec.corn> fti 1 attachment (259 KB) P-1 a328 New VFD Alternate.pdf; Bre, Here is an explanation to send with the alternate quote Alternate Drive Sizing Explanation The specifications call for a 34 amp, 25 horsepower ABB ACH58O VFD. While the existing motor is rated 25 horsepower, the motor nameplate indicates 40 amps at 460 volts. Although the horsepower ratings match, VFDs must be selected based on the motor nameplate full Toad current, not horsepower alone. Because the motor nameplate indicates 40 amps, a 34 amp rated drive is undersized relative to the connected Toad. Installing a drive with a current rating below the motor nameplate full load current would not align with proper equipment application or listing requirements, For this reason, this alternate proposal includes the same ABB ACHSBO package in the 44 amp current rating to properly match the motor nameplate current and ensure correct application. Erik Gasket!' Electria tl and Control P: (509) 454-5093 1 My (5 9)949 2 66 --EL C Pktc- Profit Corporation ALL -PHASE ELECTRIC, INC. 1515 W AHTANUM RD UNION GAP WA 98903.1879 UNEMPLOYMENT INSURANCE - ACTIVE MINOR WORK PERMIT - ACTIVE Issue Date: Jun 27, 2025 Unified Business ID #: 602843478 Business 10 #: 001 Location: 0001 Expires: Jun 30, 2026 INDUSTRIAL INSURANCE - ACTIVE TAX REGISTRATION - ACTIVE CITY/COUNTY ENDORSEMENTS: EAST WENATCHEE GENERAL BUSINESS NON-RESIDENT ACTIVE SUNNYSIDE GENERAL BUSINESS - NON-RESIDENT - ACTIVE ELLENSBURG GENERAL BUSINESS - NON-RESIDENT - ACTIVE MOSES LAKE GENERAL BUSINESS - NON-RESIDENT #BL2022-0312 - ACTIVE GRANDVIEW GENERAL 'BUSINESS - NON-RESIDENT - ACTIVE WENATCHEE GENERAL BUSINESS - NON-RESIDENT #190250 - ACTIVE OTHELLO GENERAL BUSINESS - NON-RESIDENT (EXPIRES 04/30/2026) - ACTIVE YAKIMA GENERAL BUSINESS - NON-RESIDENT #BLS200183 - ACTIVE UNION GAP GENERAL BUSINESS #3633 - ACTIVE CHELAN GENERAL BUSINESS NON-RESIDENT #2480 - ACTIVE NACHES GENERAL BUSINESS - NON-RESIDENT #007037,0 - ACTIVE TIETON GENERAL BUSINESS - NON-RESIDENT - ACTIVE Z1LLAH GENERAL BUSINESS - NON-RESIDENT #1033-01 - ACTIVE FRANKLIN COUNTY GENERAL BUSINESS - NON-RESIDENT #5777 (EXPIRES 03/31/2026) ACTIVE DUTIES OF MINORS: 602843478 001 0001 ALL-PV SE ELECT G tNC, 1 5 i5 "'V AHTANUM RD UN ON GAP WA 989O3-1 ?9 uNEMFLQYM„'=H'4 i$`Jt."tURANCE - ACTNE INDUSTRIAL INSURANCE ACTIVE '1jNOR WORK PERMIT a ACTIVE TAX REG'tSTRA'aIoN -.ACTIVE EAST WENATCHEE GENERAL BUSINESS NGN.RES1DENT SUNNYSIDE GENERAL BuSINF'-SS - NON-RESVDENT ,ACTIVE ELLENSBURG GENERAL BUSINESS - -0ON-RESIDENo -ACTIVE MOSES LAKE GENERAL BUSINESS NON--RESIDENT#'TAL2Q22•o312 - ACTIVE 2026 Profit Corporation ALL -PHASE ELECTRIC, INC. 1515 W AHTANUM RD UNION GAP WA 98903-1879 Ages 16.17: sweeping„ clean up, Sling paper work in the office LICENSING RESTRICTIONS: It is the business's responsibility to comply with rrtirtor work perrrti.t require rents. See WAC 296-125-030 and WAC 296-125-033 for Non -Agricultural and WAC 296-131-125 for Agricultural guidelines and restricted activities. be at least 16 years of age to perform window washing or other work requiring worker to be positioned at higher than ground or floor level. WAC 296-125-033(5)(b) REGISTERED TRADE NAMES: ALL PHASE AGRICULTURAL ENGINEERING ALL PHASE COMPANIES ALL PHASE CONTROLS AND AUTOMATION ALL PHASE ENGINEERING APE-X MECHANICAL UBI: 50284 478 00'1 0001 ALL -PHASE ELECTRIC, tNC, '15'15 W AHTANUM RD UNION 0-AP 959o1-1879 UaNEMPLi 7YEndnNT 1NnURANCE - ACTIVE INDUSTRIAL INSURANCE - ACTIVE MIND WORK PERMIT ACTIVE TAX REGISTRATION - ACTIVE E.A..ST WENATCHEE GENERAL BUSINESS -NON-RESIDENT ACTIVE SUNNYSIDE GENERAL BUSINESS - .ON -RESIDENT -ACTIVE ELLENSBLURG GENERAL BUSINESS NONh `ESIOENT - ACTIVE MOSES LAKE GENERAL BUSINESS •- NON-RESIDENT itE.1L2022-0 12 ACTIVE Issue Date: Jun 27, 2025 Unified Business ID #: 60284347E Business ID #: 001 Location: 0001 Expires: Jun 30, 2026