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HomeMy WebLinkAboutLeslie & Campbell, Inc. - Fire Department Roofing Rehabilitations 2012CONTRACT Al- THIS AGREEMENT, made and entered into in triplicate, this , day o , 2013, by and between the City of Yakima, hereinafter called the Owner, and Leslie & Campbell, Inc. a Washington Corporation, her i fter called the Contractor. p 9 p WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: I. The Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID AMOUNT OF: $176,344.36, for Yakima Fire Department- Station 91 and 95 Roofing Rehabilitations, City of Yakima Job No.2352, all in accordance with, and as described in the attached plans and specifications and the 2012 Standard Specifications for Road, Bridge, and Municipal Construction 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 shall start within ten (10) days after the Notice to Proceed and shall be completed in Thirty (30) working days. The first chargeable working day shall be the 11th working day after the date on which the City issues the Notice to Proceed. If said work is not completed within the time specified, the Contractor agrees to pay to the Owner the sum specified in the Standard Specifications for each and every day said work remains uncompleted after expiration of the specified time, as liquidated damages. The Contractors 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 for constructing 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. II. The City of Yakima hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the conditions provided for in this contract. III. INDEMNIFICATION. The Contractor shall defend, indemnify, and hold harmless the City, its officers, elected officials, employees and agents from and against any and all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from The Contractor's performance or non - performance of the services, duties and obligations required of it under this Agreement. IV. 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. V. It is further provided that no liability shall attach to the City of Yakima by reason of entering into this contract, except as expressly provided herein. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein above written. Counters ned: CITY OF YAKIMA CONTRACTOR this day of L�SG . 14t !- C a Corporation Contra r By: lad Ci anager tt t: lZb � N4 -a& LL 1`�N /�� . K. I �, i S�. (Print Name) _ # _ ti ity Clerk Y � �;, Its: (President, Owner, etc.) CITY CONTRAc r No:. � 3` �a7 b ±' `� a� Address: 640(p RRTAII A K P? D .. &AOI M CIAP RESOLUTIONN0:Y,�� /Y /�wV -(dA V203 City of Yakima Engineering Division Yakima Fire Department Roofing Rehabilitations Construction Contract Specifications & Bid Documents 129 North Second Street Yakima, WA 98901 City Project Number 2352 September 2012 Phone (509) 575 -6111 Fax (509) 576 -6314 %j,f .PII R1Y% EWi' X311, 4 0,1:lvl UAT17 Y A D L it !`t',0/`t Ifs: 129 Nodh Seeond Sii -eet YaTillarr, 11'rash.inlgron 98901 Phone: (509) 575-6113 - `ax (509) 576-6792 ADDENDUM NO. 1 TO THE BID DOCUMENTS & SPECIFICATIONS FOR THE CITY OF YAKIMA, WA For Yakima Fire Department Roofing Rehabilitations City Project No: 2352 TO THE ATTENTION OF ALL BIDDERS AND PLAN HOLDERS: The Bid & Contract Documents shall be modified as follows: ITEM 1. Bid Item Quote Addition' The Quote (Page 3) is to be removed from the bid package and replaced with the Quote in this Addendum. ITEM 2. Changes to Specification #14 - Specification #14 is to be removed from the bid package and replaced with the following: 14. Roof Repair, Complete Lump Sum Bid: The lump sum contract price for "Roof Repair Complete" shall be full pay for performing the work as specified, including developing all submittals; furnishing and operating fixed and movable work platforms; accommodating Contracting Agency inspection access; providing all material, labor, tools, and equipment; YFD Station #94 (approximately 2000 sf): Remove all roofing down to wood decking and dispose of; :e AAd-a-S aeeessary; directly over wood deck loose lay a 6 mil. Visqueen serving as a vapor barrier; install crickets at waterways sloping to. drains as necessary; mechanically attach a %" dens deck cover board; mechanically attach a Johns Manville (or approved equal) 60 mil. TPO membrane in the color of white; fully adhere all wall &:curb flashing directly to substrate using TPO 60 mil. membrane; Replace all edge' metal flashing with new 24ga. pre finished edge metal; and all misc. details to be done according to manufacture specifications. YFD Station #92 (approximately 400 sf): Remove all roofing down to wood decking and dispose of; replace P{yvNeed as directly over entire wood deck install an ice & water undedayment; install new 24ga:,, edge metal; install a 30yr. pabco laminate shingle per manufacturer specifications; install new 24ga. roof to wall metal; and all misc. details to be done according to manufacture specifications. i ITEM 3. Addition of New Specification #23 Add the following Specification to the bid package: 23. Roof Sub Surface Repair: This work shall consist of repairing, removing, and /or replacing any plywood surfacing that is deemed unfit sub surfacing for the new roofing. This shall include all labor, materials, and disposal of existing materials. Payment for "Roof Sub Surface Repair" shall be made by force account. For the purpose of providing a common proposal for all bidders, and for that purpose only, the City has estimated the force account for "Roof Sub Surface Repair ", and. has arbitrarily entered the amount for the pay item in the proposal to become a part of the total bid by the Contractor. This ADDENDUM is to be considered as much a part of the contract provisions as if it were included in the body of the Plans and Specifications. All Bidders shall acknowledge receipt of the ADDENDUM on the proposal form prior to bid opening. APPROVED: Brett H. Sheffield, P.E. Date Chief Engineer 0 END OF ADDENDUM NO. 1 0 Addendum 1 Page 2 of 3 9/12/2012 QUOTE Yakima Fire Department Roofing Rehabilitations ITEM PROPOSAL ITEM UNIT PRICE AMOUNT NO. PAYMENT SECTION QTY UNIT DOLLARS DOLLARS SPCC PLAN 1 Per 2012 WSDOT Standard Specification 1 -07.15 1 LS MOBILIZATION fb' 2 Per 2012 WSDOT Standard Specification 1 -09.7 1 LS ROOF REPAIR YFD STATION #92, COMPLETE 1 3 Per Contract Specification #14 1 LS ROOF REPAIR YFD STATION #94, COMPLETE 4 Per Contract Specification #14 1 LS j ROOF SUB SURFACE REPAIR 5 Per Contract Specification #23 1 FA $1000.00 $1000.00 REPAIR OR REPLACEMENT 6. Per Contract Specification #20 1 FA $2,500.00 $2,500.00 SUB TOTAL: ou, loc> STATE SALES TAX 8.2 %: ((� TOTAL: V 74$.- ** Receipt is hereby acknowledged of addendum(s) No.(s) & Contractor's Signature: Date: / 17— / Addendum 1 Page 3 of 3 9/12/2012 Yakima Fire Department Roofing Rehabilitations CITY OF YAKIMA JOB NO.2352 INVITATION TO QUOTE Contractor: L.6_5L.1!5-7_ cj�- <fAMPS�G Phone: 5�7. `f 5.3. D© ?� Address: 6 &r A" ks "L PROJECT SCOPE CITY OF YAKIMA ENGINEERING DIVISION 129 NO. 2ND STREET YAKIMA, WASHINGTON 98901 PHONE 575 -6111 Ountntinns will be received by Ili(: 'r'aklmEa City Clerk until: 3:00 PM September 17 "' 2012 This contract provides for the removal of existing roofing, repairing existing sub roofing if necessary, and installing new roofing as well as other related work ail in accordance with the Plans and Specifications as prepared by the City Engineer of the City of Yakima. . INSTRUCTIONS TO THE CONTRACTOR Please return your lowest price for the following project by 3:00 p.m., September 171" 2012 to the Yakima City Clerks Office, 1s' floor of City Hall. If you have any questions call Dana Kallevig at 576 -6605. The city reserves the right to reject any or all quotations and to accept any or all items at the price quoted. The city intends to award this contract within 10 calendar days after bid opening. C11 _`� (_ �'�F,R SyF 1 y,I, QUOTE Yakima Fire Department Roofing Rehahilitationc ITEM PROPOSAL ITEM UNIT PRICE AMOUNT N0. PAYMENT SECTION QTY UNIT DOLLARS DOLLARS SPCC PLAN 1 Per 2012 WSDOT Standard Specification 1 -07.15 1 LS MOBILIZATION 2 Per 2012 WSDOT Standard Specification 1 -09.7 1 LS ROOF REPAIR YFD STATION #92, COMPLETE 3 Per Contract Specification #14 1 LS ROOF REPAIR YFD STATION #94, COMPLETE 4 Per Contract Specification 914 1 LS REPAIR OR REPLACEMENT 5 Per Contract S ecification #20 1 FA $2,500.00 $2,500.00 SUB TOTAL: STATE SALES TAX 8.2 %: TOTAL: Contractor's Signature: 3 Date: / I / Yakima Fire. Department Roofing Rehabilitations CITY OF YAKIMA JOB NO.2352 SPECIFICATIONS I. GENERAL /SPECIAL INSTRUCTIONS 1. Description of Project: This contract provides for the removal of existing roofing, repairing existing sub roofing if necessary, and installing new roofing as well as other related work all in accordance with the Plans and Specifications as prepared by the City Engineer of the City of Yakima. 2: Workmanship: The contractor shall furnish all labor, equipment, and materials, which are necessary to complete the work as descrihed in these specifications. Quality of workmanship shall conform to that which is usually provided by the trade in general. Any variance from the specifications or standards of quality must be clearly pointed out in writing by, the bidder. A Performance Bond equal to the bid amount shall be required. 3. Regulatory Requirements: The project shall be performed in a manner that is in compliance with all applicable federal, state and local laws and regulations, including, but not limited to, vehicle regulations (WSDOT /HMTUSA/other), environmental laws and regulations (EPA/WDOE /local), and health and safety laws and regulations (OSHA/WISHA/City Safety Codes). 4. Records: The contractor shall maintain operational records at its place of business for a minimum of five years. These records shall include: point of material pickup, type of material, quantity of material. 5. Prevailing Wages: The contractor will comply with all provisions of Chapter 39.12 RCW - Prevailing Wages on Public Work. A. RCW 39.12.010 - The Prevailing Rate of Wage: Contact the Department of Labor and Industries, to confirm current prevailing wage rate for applicable workers on this particular public work project. 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 sub - contractor 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. 6. Termination - Cause: The City reserves the right to terminate this contract at any time, upon written notice, in the event that the services of the Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions contained in this agreement. In addition to the foregoing right of termination, the City may terminate this contract, with or without cause, upon thirty (30) days written notice to Contractor. 5 7. Right to Award: The City of Yakima reserves the right to make contract award by Schedule or on an all or none basis, whichever is in the best interest of the City. 8. Submission of Quote: Quote shall be submitted to the City Clerk's Office, Yakima City Hall, 129 North 2nd Street, Yakima, WA, 98901, by 3:00 p.m. on September 20, 2012 in a sealed envelope labeled Yakima Fire Department, Roofing Rehabilitations, CITY OF YAKIMA JOB NO.2352, with the quote due date written on it. 9. No Disturbance: The contractor shall not disturb grounds or materials outside the sphere of the contracted project. 10. Pre Bid Meeting: All bidders are required to attend a Pre -,Bid Meeting on Wednesday, September 12`h at 9:00am. We will meet at YFD Station #94, 2404 West Washington Avenue. From there we will move the meeting to YFD Station #92, 7707 Tieton to view the second site and conclude the meeting. All bidders are required to visit the site prior to.submitting their quote and become aware of any problems, which may affect their quote. Alternate times may be available for a site visit, but are not guaranteed. If needed, contact Design Engineer Dana Kallevig, 509.576.6605 Bidders will not be allowed to adjust their quotes after submission. 11. Coordination: The contractor will coordinate his work with City of Yakima Construction Supervisor Bruce Floyd at 509.576.6138 or 509.728.3475. 12. Timing: Successful vendor shall coordinate with contacts listed above as to when work will be accomplished. Work shall be completed within 10 working days. 13. Weather Limits: Contractors will adhere to all manufactures recommendations and /or limitations while placing new roofing. 14. Roof Repair, Complete Lump Sum Bid: The lump sum contract price for "Roof Repair, Complete" shall be full pay for performing the work as specified, including developing all submittals; furnishing and operating fixed and movable work platforms; accommodating Contracting Agency inspection access; providing all material, labor, tools, and equipment; YFD Station #94 (approximately 2000 sf): Remove all roofing down to wood decking and dispose of; replace plywood as necessary; directly over wood deck loose lay a 6 mil. Visqueen serving.as a vapor barrier; install crickets at waterways sloping to drains'as necessary; mechanically attach a W dens deck cover board; mechanically attach a Johns Manville (or approved' equal) 60 mil. TPO membrane in the color of white; fully adhere all wall & curb flashing directly to: substrate using TPO 60 mil. membrane; Replace all edge metal flashing with new 24ga: pre finished edge metal; and all misc. details to be done according to manufacture specifications. YFD Station #92 (approximately 200,sf): Remove all roofing down to wood decking and dispose of; replace plywood as necessary; directly over entire wood deck install an ice & water underlayment; install new 24ga. edge metal; install a 30yr. pabco laminate shingle per manufacturer specifications; install new 24ga. roof to wall metal; and all misc. details to be done,according to manufacture specifications. 6 15. Warranty: The Contractor will warranty all labor and material for 5 years after final acceptance of project has been agreed upon between Contractor and Engineer. and be responsible for and repairs required during the manufacture warranty period. During the warranty period, the Contractor shall be responsible for all repairs to deficient areas at no additional cost to Contracting Agency. 16. Business License: All bidders shall have a valid and current business license issued by the City of Yakima covering this type of work. It will be the contractor's responsibility. to obtain any licenses or permits required, to complete the project. 17. Right to Reject: 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 they may deem to be in the best interest of the City and will not necessarily be bound to accept the low quote. 18. No Preferences: No exceptions will be considered that may tend to give an individual bidder a distinct advantage. 19. Contractor's Liability Insurance (Sample Certificate Attached): The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage and automobile coverage with insurance carriers admitted to do business in the State of Washington. The insurance companies must carry a Best's Rating of A- VII or better. The policies will be written on an occurrence basis subject to the following minimum limits of liability: Commercial General Liability: Combined Single Limit: $1,000,000 Per Occurrence $2,000,000 Annual Aggregate The City of Yakima, its agents; elected and appointed officials, and employees are to be listed as additional insured under.the policies. The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate will provide 45 days notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but.failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be' crossed out. A copy of the additional insured endorsement attached to the policy will be included with the certificate. The contract shall also maintain workers compensation through the State of Washington. If at any time during the life of the contract or any extension, the 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. 20. Repair or Replacement: This work shall consist of repair of any incidental damages to miscellaneous items within or adjacent to the project area. This includes complete replacement of items that are beyond repair as determined by the Engineer. Payment for "Repair or Replacement" shall be made by force account. For the purpose of providing a common proposal for all bidders, and for that purpose only, the City has estimated the force account for "Repair and Replacement ", and has arbitrarily entered the amount for the pay item in the proposal to become a part of the total bid by the Contractor. 7 21. Experience Requirements: Within two days of bid opening, the Contractor with the winning bid shall provide proof that they have performed a minimum of three (3) successful roofing_ projects using like materials. Proof must be .submitted before the contract will be awarded. 22. Compliance with Immigration and Naturalization Act The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986, as amended. The City requires that all contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand Dollars ($5,000), or any other City contract in excess of Two Thousand Five Hundred Dollars ($2,500), enroll in;'the E- Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States. E- Verify will be used for newly hired employees during the; term of the contract only; it is not to be used for existing employees. The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable Subcontractor. If the contractor has not previously filed an E- Verify Compliance Declaration with the City, the contractor must sign the attached E- Verify Compliance Declaration and submit it to the City prior to being awarded the contract. Failure to do so may be cause for rejection of the bid. CONTRACT 00\. THIS AGREEMENT, made and entered into in triplicate, this day of 2012, by and between the City of Yakima, hereinafter called the Owner, and LESLIE & CAMPBELL INC. a Washington Corporation, hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: I. The Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID AMOUNT OF: $21,748.20, for Yakima Fire Department Roofing Rehabilitations, CITY OF YAKIMA JOB NO.2352, all in accordance with, and as described in the attached plans and specifications and the 2012 Standard Specifications for Road, Bridge, and Municipal Construction 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 shall start within ten (10) days after the Notice to Proceed and shall be completed in Ten (10) working days. The first chargeable working day shall be the 11 th working day after the date on which the City issues the Notice to Proceed. If said work is not completed within the time specified, the Contractor agrees to pay to the Owner the sum specified in the Standard Specifications for each and every day said work remains uncompleted after expiration of the specified time, as liquidated damages. The Contractors 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 for constructing 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. II. The City of Yakima hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the conditions provided for in this contract. III. INDEMNIFICATION. The Contractor shall defend, indemnify, and hold harmless the City, its officers, elected officials, employees and agents from and against any and all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from The Contractor's performance or non - performance of the services, duties and obligations required of it under this Agreement. IV. 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. V. It is further provided that no liability shall attach to the City of Yakima by reason of entering into this contract, except as expressly provided herein. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein above written. Countersigned: CITY OF YAKIM�A this Q ' dlav of �12cYi 1 Manager Y Q `+ � ^S s� CITY CONTRAC r No-ga �- g;j� ?ESOLUTION N0: CONTRACTOR � SUfL e141nP MG 11,1C- , a Corporation Co tractor ,j /� A By: A V 1 r M. IA fAA/ (Print Name) Its: MIQW' (President, Owner, etc.) Address: 54 (v 1111773it/UdI'L Bond No.. 105835693 PERFORMANCE BOND BOND TO CITY OF YAKIMA KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Yakima, Washington has awarded to Leslie & Campbell, Inc. (Contractor) hereinafter designated as the "Principal" a contract for the construction of the project designated Yakima Fire Department Roofing Rehabilitations , Project No. 2352 , all as hereto attached and made a part hereof and whereas, said principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE, we, the principal,. and Tmwl= G �tY aryl Surety Company of America (Surety), a corporation, organized and existing under and by virtue of the laws of the State of CT , duly authorized to do business in the State of Washington, as surety, are jointly and severally held and firmly bound unto the City of Yakima, Washington, in the sum of 211748.20 (Total Contract Amount) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by those presents. THE CONDITIONS OF THIS OBLIGATIONS IS SUCH, that if the above bonded principal shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth, or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, sub - contractors and material men, 'and all persons who shall supply said principal or sub- contractors with provisions and supplies for the carrying on of said work, and shall hold said City of Yakima, Washington, their employees, agents, and elected or appointed officials, harmless from any damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal, or any sub - contractor in the performance of said work and shall indemnify and hold the City of Yakima, Washington, its employees, agents, and elected or appointed officials, harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects developing in the material or workmanship provided or performed under said contract, within a period of one year after its acceptance by the City of Yakima, Washington, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. This obligation is entered into in pursuance of the statutes of the State of Washington, and the Ordinances of the City of Yakima, Washington. IN WITNESS WHEREOF, the said principal and the said surety have caused this bond to be signed and sealed by their duly authorized officers this 28th day of September 2012 Leslio & Cam b ll Inc. (� P By: (Signature) 19MV wL . WA P g /yv T%6 (Print Name) Approved as to form: 6� �.7\ r)/J d�a� (Title) Aftomey) Trawlers C aa4ty and Suety Ox pany ofiP ica (Surety By, (Signature) Kenneth J. Frick (Print Name) Attorney -in -Fact (Title) -_ -- WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAV ELERS J Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 223473 Certificate No. 004660916 KNOW ALL MEN.BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Donna S. Martinez, Keneth J. Frick, Alex B. Hodge, and Rodney C. Lewis of the City of Yakima , State of Washington , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in theirbusmess of.guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or errriitfed %in an actions or proceedings allowed b law. b t g b 4 P, Y` ,. A Y IN WITNESS WHEREOF, the Companies have caused this instrument,td'be.sibned'and _ thei co -orate seals to be hereto affixed, this 20th . day of December 2011 <,,r 6 , " ` t;. . . > ...�:%,� `... .� �, �`•.. ate �w Farmington Casualty Company ya,,a5 St. Paul Mercury Insurance Company Fidelity and Guaranty ;Ihsi rance, Company_ ' Travelers Casualty and Surety Company Fidelity and Guaranty Insdra ce"'Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company GI.SU,flC 1Y Wn. _ �FIRE'�QaWyk �\nN��N �..a j�INSUR`•4. p�TY ANO SUfl tS1Y y� RI � �' G2 C 'f ', ffQ • ! 4 : .'{• *: G (yW /U� ��a � O5 �J (1 � 6�, �riDDii�DR�ttDa V Zy l�iC�0.PORA >t:; m] a'W:'�� n u '9 eP�j,"1 G RPORAT '.p S CDNN. n CONN, f 1896 -+ rr o = .SEAL,� °�I '�` 1S. rS.......:'�a State of Connecticut City of Hartford ss. . By: Georg Thompson, or ice President On this the 20th day of December 2011 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p.T1 T In Witness Whereof, I hereunto set my hand and official seal. � My Commission expires the 30th day of June, 2016. 58440 -6 -11 Printed in U.S.A. C .� Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER.... This Power of Attorney is granted render and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company; Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President. any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents_ pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it. is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Pnwer of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian, Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company ofAmerica, and United - Sates Fidelity and Guaranty Company do hereby certify that the above acrd foregoing is a true and correct copy of the Power of Attorney executed by said Compariiies, °which -is i6-full force and effect and has not been revoked. rt as =� 0�' 28th St rbEr IN TESTIMONY WHEREOF, I have hereunto set my hand and,affixed the seals of'said °Companies this day of 20 Kevin E. Hughes, Assistant Sec tary M '��NS~.. TVA axweW i�.......G� • aN ... oa` "'••. No �N �STYA'y0 O t 4 vs� P•'E QOi .> (. :.. ... _9,Y ;• y n� SG IYA r%Y E coavoRA>=,s Q; n . •s d 4�0 FORAYED [h 1� mt 1 9 8 2 0 'i 1977 _ Z (� � m= ••� i ; is o -._ F': �? a HARTFORD, . c 3' HARTFCRD, :, SEAL y. �gy�S',a 1951 '' '`• SEflL,`o ��: `o: w CONN. C4VN. �.R w 1896 �. •� °d ,�ci��� To verify the authenticity of this Power of Attorney, call 1- 800 -421 -3880 or contact us at www.tra),elersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID A� °� CERTIFICATE OF LIABILITY INSURANCE 9/28/2012YY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER - Terril Lewis & Wilke Ins P O Box 1789 112 S 4th Street Yakima WA 98907 CONTACT NAME: Donna Martinez PHONE (509) 248-3515 AC No: (509)248 -3673 C. E-MAIL A D DRESS: dmartinez @tlwins.com INSURERS AFFORDING COVERAGE NAIC # INSURERA:Contlnental Insurance Company 35289 INSURED Leslie & Campbell,. Inc. 506 Lower Ahtanum Rd ' Union Gap WA 98903 INSURERB:COlumbla Casualty Company 31127 INSURERC: INSURER D: INSURER E $ 1,000,000 INSURER F: X COMMERCIAL GENERAL LIABILITY COVERAGES CERTIFICATE NIIMRFR:5 /1/12 GSAU RFVISION N111" i THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANv REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MM DIDNYYY MM DD/YYYY LIMITS .GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 A CLAIMS -MADE 7 OCCUR 4028838475 5/1/2012 5/1/2013 MED EXP (Any onep&sorij $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OPAGG $ 2,000,000 POLICY X PRO LOC $ AUTOMOBILE LIABILITY - COMBINED SINGLE LIMIT Ea accident) 1 000 000 X BODILY INJURY (Per person) $ A ANY AUTO - BODILYINJURY(Peraccident) $ ALL OWNED SCHEDULED 4028838461 5/1/2012 /1/2013 AUTOS AUTOS PROPERTY DAMAGE $ NON -OWNED HIRED AUTOS AUTOS Per accident Medical a ments $ 5 000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 9, 000, 000 AGGREGATE $ 9, 000, 000 B EXCESS LIAB CLAIMS -MADE DED X RETENTION$ 10,000 $ 4028838458 5/1/2012 /1/2013 A WORKERS COMPENSATION WC STATU- OTH- Y AND EMPLOYERS' LIABILITY Y/N - E.L. EACH ACCIDENT $ 1 000 000 ANY PROPRIETOR /PARTNER /EXECUTIVE A Stop Gap OFFICER /MEMBER EXCLUDED? (Mandatory inNH) N / A 4028838475 /1/2012 /1/2013 - E.L. DISEASE -EA EMPLOYE $ 1 000 000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1 000 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of Yakima, its agents, employees, volunteers, and elected and appointed officials are named as additional insureds, per form G- 18652 -I 07/09 Coverage is primary and non - contributory per form G- 18652 -I 07/09 Waiver of Subrogation applies per form G- 18652 -I 07/09 Project: Yakima Fire Department Roofing Rehabilitation project No. 2352 c.aK IIFICATE HOLDER CANCELLATION City of Yakima 129 N -2nd Street Yakima, WA 98901 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE th Frick /DONNA -� ACORD 26 (2010/06) . ©1988 -2010 ACORD CORPORATION. All rights reserved. INS025 (201005) 01 The ACORD name and logo are registered marks of ACORD l G- 18652 -1 (Ed. 07/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. SCHEDULE Coverages are summarized below. For particulars and limitations affecting each, coverage, please refer to the corresponding policy provisions in the body of this endorsement. 1. Miscellaneous Additional Insureds 13. Liberalization Clause 7 additional insured extensions. 14. Unintentional Failure To Disclose Hazards 2. Employees As Insureds — Health Care Services 15. Notice of occurrence 3.. Joint Ventures /Partnership /Limited Liability Companies 16. Broad Knowledge of Occurrence Coverage for your interest in such terminated or 17. Aggregate Limits Per Project ended organizations. 4. Expanded Personal And Advertising Injury 5. Medical Payments Limits increased to $15,000. Reporting increased to three years from the date of accident. 6. Legal Liability And Borrowed Equipment Extended perils. Limit increased to $200,000 for Damage to Premises Rented To You 7. Non -owned Watercraft Increased to 55 feet. 8. Non -owned Aircraft Coverage 9. Contractual Liability For Personal And Advertising Injury 10. Supplementary Payments Cost of bail bonds increased.to $2,500. Daily loss of earnings increased to $1,000. 11. Liquor Liability Coverage Extension 12. Newly Formed Or Acquired Organizations Coverage extended to the end of the policy period. 18. Bodily Injury — Extension of Coverage 19. Expected Or Intended Injury Reasonable force — bodily injury or property damage. 20. Wrap -Up Extension 21. Contractual Liability — Railroads Expanded definition of "insured contract." 22. Blanket Waiver of Subrogation Waiver of subrogation where required by written contract or written agreement. 23. In Rem Actions G- 18652 -1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 (Ed. 07/09) 1. MISCELLANEOUS ADDITIONAL INSUREDS Section If Who Is An - Insured is - amended to include as an insured any person or organization (called additional insured) described in Paragraphs 2.a. through 2.g. below whom you are required to add as an additional insured on this policy under a written contract or written agreement. However, the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior. to the "bodily injury," "property damage" or "personal injury and advertising injury," but Only the following persons or organizations are additional insureds under this endorsement and coverage provided to such additional insureds is limited as provided herein: a. State or Governmental Agency or Subdivision or Political Subdivisions A state or governmental agency or subdivision or political subdivision subject to the following provisions: - (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, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state , or governmental agency or subdivision or political subdivision has issued a permit or authorization. G- 18652 -1 (Ed. 07/09) b. Controlling Interest Any persons or „organizations with a controlling interest in you but only with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. c. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liablllty arlsing out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: ' - This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or I demolition operations . performed by or on behalf of such additional insured. d. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. e. Owners /Other Interests — 'Land is Leased An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to "bodily This insurance does not apply to: injury," "property damage" or "personal and advertising injury" arising out of (1) Any "occurrence" which takes place operations performed for the federal after you cease to lease that land; government, state, or municipality. or G- 18652 -1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 (Ed. 07/09) CNA (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. f. Co -owner of Insured Premises A co -owner of a premises co -owned by you and covered under this insurance but only with respect to the co- owners liability as co -owner of such premises. g. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person or organization. A person's or organization's status as an insured under this endorsement ends when their written contract or written agreement with you for such leased equipment ends. With respect to the insurance afforded these additional insureds, the following additional exclusions apply: This insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires; or (2) To "bodily injury," "property damage," or "personal and advertising injury" arising out of the sole negligence of such additional insured. Any insurance provided to an additional insured designated under Paragraphs a. through g. _above does not apply to "bodily injury" or "property damage" included within the "products- completed operations hazard." As respects the coverage provided under this provision, Paragraph 4.b.(1) of Section IV — Commercial General Liability Conditions is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance G- 18652 -1 (Ed. 07/09) this insurance be either primary or primary and noncontributing. Where required by written contract or written agreement,.we will consider any other insurance maintained by the additional insured for injury or damage covered by this endorsement to be excess and noncontributing with this insurance. 2. EMPLOYEES AS INSUREDS — HEALTH CARE SERVICES Paragraph 2.a.(1)(d) of Section fl — Who Is An Insured is deleted. 3. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANY COVERAGE A. The following is added to Section II — Who Is An Insured: 4. You are an insured. when , you had an interest in a joint venture, partnership or limited liability company which terminated or ended prior to or during this policy period but only to the extent of your interest in such joint venture, partnership or limited liability company. This coverage does not apply: a. Prior to the termination date of any joint venture, partnership or limited liability company; or b. If there is other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. c. To a joint venture, partnership or limited liability company which is or was insured under a "consolidated (wrap -up) insurance program." "Consolidated (wrap -up) insurance program" means a construction, erection or demolition project for which the prime contractor /project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or, subcontractors involved in the project, otherwise referred to as an Owner Controlled Insurance Program (0.C.1.P.) or Contractor Controlled Insurance Program (C.C.I.P.). B. The last paragraph of Section If —,Who Is An (1) This insurance is excess over: Insured is deleted and replaced by the Any other insurance naming the following: additional insured as an insured Except as provided in Paragraph 4. above, no whether primary, excess, person or organization is an insured with unless a written contingent or n any other basis respect to the conduct of any current or past contract or written agreement specifically requires that partnership, ..joint . venture. or ..limited liability G- 18652 -1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 (Ed. 07/09) company that is not shown as a Named Insured in the Declarations. 4. EXPANDED PERSONAL AND ADVERTISING INJURY A. The following is added to Section V — Definitions, the definition of "Personal and advertising injury": h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or persons by any insured. B. Exclusions of Section I — Coverage B — Personal and Advertising Injury Liability is amended to include the following: Discrimination Relating To . Room, Dwelling or Premises Caused -by discrimination directly or indirectly related to the.sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises. by or at the direction of any insured. Fines Or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. D. This provision 4. (EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE) does not apply if Section I — Coverage B — Personal And Advertising Injury Liability is excluded either by the provisions of the Coverage Part or by endorsement. 5. MEDICAL PAYMENTS A. Paragraph 7. Medical Expense Limit, of Section III — Limits of Insurance is deleted and replaced by the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most we will pay under Section G- 18652 -1 (Ed. 07/09) — I — Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000; or (2) The amount shown in the Declarations for Medical Expense Limit. B. This provision 5. (Medical Payments) does not apply if Section I — Coverage C Medical Payments is excluded either by the provisions of the Coverage Part or by endorsement. C. Paragraph 1.a.(3)(b) of Section I — Coverage C — Medical Payments, is replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident; and 6. LEGAL LIABILITY AND BORROWED EQUIPMENT A. Under Section 1 — Coverage A — Bodily Injury and Property Damage 2. Exclusions, Exclusion j. is replaced by the following. "Property damage" to: (1) Property you own, rent, or occupy; (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. 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 (1), (3) and (4) of this exclusion do not apply to: (i) "property damage" to tools or equipment loaned to you G- 18652 -1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 Of 8 (Ed. 07/09) �Afll "Tt2a I if the tools or equipment are not being used to perform operations at the time of loss; or (ii) "property damage" (other than damage by fire) to premises rented to you or temporarily occupied by you with the permission of the owner, or to the contents of premises rented to you for a period of 7 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. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products- completed operations hazard." B. Under Section I — Coverage A — Bodily Injury and Property Damage the last paragraph of 2. Exclusions is deleted and_ replaced by the following. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you . for a period of 7 or fewer consecutive days. ` . A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. G- 18652 -1 (Ed. 07/09) b. The Damage To Premises Rented To You Limit shown in the Declarations. D. Paragraph 4.b.(1)(a)(ii) of Section IV — Commercial General Liability Conditions is deleted and replaced by the following: (ii) That is property insurance for premises rented to you or temporarily occupied by you with the permission of the owner; or E. This provision 6. (LEGAL LIABILITY AND BORROWED EQUIPMENT) does not apply if Damage To Premises Rented To You Liability under Section I — Coverage A is excluded either by the provisions of the Coverage Part or by endorsement. 7. NON -OWNED WATERCRAFT Under Section I — Coverage A, ­ Exclusion 2.g., subparagraph (2) is deleted and' replaced by the following. (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge. . 8. NON -OWNED AIRCRAFT C. Paragraph 6. Damage To Premises Rented To You Limit of Section Ill — Limits Of Insurance 9• is replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most we will pay under Section — I = Coverage A for damages because of "property damage" to any one premises while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days. The Damage To Premises.Rented To You Limit is the greater of: Exclusion 2.g, of Section I — Coverage A — Bodily Injury and Property Damage, does not apply to an aircraft you do not own, provided that: 1. The pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. It is rented with a trained, paid crew: and 3. It does not transport.persons or cargo for a charge. CONTRACTUAL LIABILITY FOR PERSONAL AND ADVERTISING INJURY Exclusion e. Contractual Liability of Section I — Coverage B is deleted. 10. SUPPLEMENTARY PAYMENTS A. Under Section I — Supplementary Payments — Coverages A and B, Paragraph 1.b., the limit of $250 shown for the cost of bail bonds is replaced by $2,500: B. In Paragraph 1.d., the limit of $250 shown for daily loss of earnings is replaced by $1,000. 11. LIQUOR LIABILITY a. $200,000; or Exclusion c. of Section I — Coverage A is deleted. G- 18652 -1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 (Ed. 07/09) 12. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Paragraph 3.a. of Section II — Who Is An Insured is deleted and replaced by the following: Coverage under this provision is afforded only until the end of the policy period or the next anniversary of this policy's effective date after you acquire or form the organization, whichever is earlier. 13. LIBERALIZATION CLAUSE If we adopt a change in our forms or rules which would broaden coverage for contractors under this endorsement without an additional premium charge, your policy will automatically provide the additional coverages as of the date the revision is effective in your state. 14. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Based on our reliance on your representations as to existing hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy; we will not deny coverage under this Coverage Part because of such failure. 15. NOTICE OF OCCURRENCE The following is added to Paragraph 2. of Section IV — Commercial General Liability Conditions — Duties In The Event of Occurrence, Offense, Claim or Suit: Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an "occurrence," offense, claim or "suit" and that failure is solely due to your reasonable belief that the "bodily injury" or "property damage" is not covered under this Coverage Part. However, you shall give written notice of this "occurrence," offense, claim or "suit" to us as soon as you are aware that this insurance may apply to such "occurrence," offense claim or "suit." 16. BROAD KNOWLEDGE OF OCCURRENCE The following is added to Paragraph 2. of Section IV — Commercial General Liability Conditions — Duties in The Event of Occurrence, Offense, Claim or Suit: You must give us or our authorized representative notice of an "occurrence," offense, claim, or "suit" only when the "occurrence," offense, claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; G- 18652 -1 (Ed. 07/09) (4) A manager, if, you are a limited liability company, 17.' AGGREGATE LIMITS PER PROJECT A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section 1 — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to the insured: 1. A separate Single Construction Project General Aggregate Limit applies to each construction project away from premises owned by or rented to the insured, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Single Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard," and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits." 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Single Construction Project General Aggregate Limit for that construction project away from premises owned by or rented to the insured. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Single Construction Project General Aggregate Limit for any other separate construction project away from premises owned by or rented to the insured_ 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Single Construction Project General Aggregate Limit. (3) An executive officer or the B. For all sums which the insured becomes legally employee designated by you to give obligated to pay as damages caused by such notice, if you are a "occurrences" under Section I — Coverage A, corporation; or G- 18652 -1 Includes copyrighted material of Insurance Services office, Inc., with its permission. Page 6 of 8 (Ed -. 07/09) G- 18652 -1 (Ed. 07/09) and for all medical expenses caused by 20. OWNER CONTROLLED INSURANCE PROGRAM, accidents under Section I - Coverage C, which CONTRACTOR CONTROLLED INSURANCE cannot be attributed only to ongoing operations PROGRAM OR CONSOLIDATED (WRAP -UP) at a single construction project away from INSURANCE PROGRAMS premises owned by or rented to the insured: The endorsement EXCLUSION - CONSTRUCTION 1. Any payments made under Coverage A for WRAP -UP PROGRAM which is attached to this damages or under Coverage C for medical policy is amended as follows: expenses shall reduce the amount available under the General Aggregate Limit or the A. If the endorsement EXCLUSION Products - Completed Operations Aggregate CONSTRUCTION WRAP -UP or another Limit, whichever is applicable; and exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or 2. Such payments. shall not reduce any Single Contractor Controlled Insurance Programs Construction Project General Aggregate (C.C.I.P.) is attached to this policy, then it is Limit. amended to add the following: C. When coverage for liability arising out of the With respect to a "consolidated (wrap -up) "products - completed operations hazard" is in -surancc program" project in which you are or provided, any payments for damages because were involved, this exclusion does not apply to: of "bodily injury" or "property damage" included in the "products- completed operations hazard" 1, Your liability for "bodily injury," "property will reduce the Products - Completed Operations damage," or "personal or advertising injury" Aggregate Limit, and not reduce the General that occurs during your ongoing operations Aggregate Limit nor the Single Construction at the project, or during such operations of Project General Aggregate Limit. anyone acting on your behalf; D. If a single .construction project away from 2. Your liability for_ "bodily injury" or "property premises owned by or rented to the insured has damage" included within the "products- --been abandoned and then restarted, or if the completed operations hazard" that arises authorized contracting parties deviate from out of those portions of the project that are plans, blueprints, - designs, specifications or not "residential structures." timetables, the project will still be deemed to be B. The following is added to Paragraph 4.b.(1) of the same construction project. Section IV- Commercial General Liability E. The provisions of Section 111 - Limits Of Conditions Insurance not otherwise modified by this This insurance is excess over: endorsement shall continue to apply as stipulated. c Any of the other insurance whether () primary, excess, contingent or any other 18. EXPANDED BODILY INJURY basis that is insurance available to you Section V - Definitions, the definition of "bodily as a result of your being a participant in injury" is changed to read: a "consolidated (wrap -up). .insurance program," but only as respects your "Bodily injury" means bodily injury, sickness or involvement in that "consolidated (wrap - disease sustained by a person, including death, up) insurance program." humiliation, shock, mental anguish or mental injury by that person, at any time which results as a C. The following is added to Section V - consequence of the bodily injury, sickness or Definitions: disease. "Consolidated (wrap -up) insurance program" 19. EXPECTED OR INTENDED INJURY means a construction, erection or demolition project for which the prime contractor /project Exclusion a, of Section I - Coverage A - Bodily manager or owner of the construction project Injury and Property Damage Liability is replaced has secured general liability insurance covering by the following: some or all of the contractors or subcontractors a. "Bodily injury" or "property damage" involved in the project, otherwise referred _to as expected or intended from the an Owner Controlled Insurance Program standpoint of the insured. This (O.C.I.P.) or Contractor Controlled Insurance exclusion does not apply - to "bodily Program (C.C.I.P.). injury" or "property damage" resulting "Residential structure" means any structure from the use of reasonable force to where 30 %. or more of..the square foot area. is. protect persons or property. used or is intended to be used for human G- 18652 -1 Includes copyrighted material oflnsurance Services Office, Inc., with its permission. Page 7 of 8 (Ed. 07/09) civa residency including but not limited to single: or multifamily housing, apartments, condominiums, townhouses, co- operatives or planned unit developments and also includes their common areas and /or appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). When there is no individual ownership of units, residential structure does not include military housing, college /university housing or dormitories, long term care facilities, hotels, or motels. Residential structure also does not include hospitals or prisons. 21. CONTRACTUAL LIABILITY —RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of "insured contract" in Section V — Definitions is replaced by the following: "Insured Contract" means: 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 to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract '; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury' or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: G- 18652 -1 (Ed. 07/09) (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary-cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 22. BLANKET WAIVER OF SUBGROGATION The Transfer Of Rights Of Recovery Against Others To Us Condition (Section IV — Commercial General Liability Conditions) is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: 1. Your ongoing operations; or "Your work" included in the "products - completed operations hazard." However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: 1. Is in effect or becomes effective during the term of this policy; and 2. Was executed prior to loss. 23. IN REM ACTIONS Any action in rem against any vessel .owned, operated by or for, or chartered by or for you will be treated in the same manner as though the action were in personam against you. G- 18652 -1 includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 (Ed.. 07/09) G- 140331 -C CNA(Ed. 10/10) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by "written contract" per Paragraph A. below.) Locations of Covered Operations (As per the "written contract," provided the location is within the "coverage territory" of this Coverage Part.) A. Section II - Who Is An Insured is amended to include as ad additional insured: 1. Any person or organization .whom you are required by "written contract" to add as an additional insured on this Coverage Part; and 2. The particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury," "property damage," or "personal and advertising injury" caused in whole or 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 specified in the "written contract "; or c. "Your work" that is specified in the "written contract' but only for "bodily injury" or "property damage" included in the "products- completed operations hazard," and only if: (1) The "written contract' requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. We. :will. not .provide the additional insured any broader\ coverage or any higher limit of insurance than the least that is: a. Required by the "written contract "; b. Described in B.I. above; or c. Afforded to you under this policy. 3. This insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. But if required by the "written contract," this insurance will be primary and non - contributory relative to insurance on which the additional insured is a Named Insured. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury arising out of: a. 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; and (2) Supervisory, inspection, architectural or engineering activities; or G- 140331 -C includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 2 . (Ed. 10/10) r — b. Any premises or work for . which the additional insured is specifically listed as an additional - insured on another endorsement attached to this Coverage Part. C. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under -this insurance, and of any claim or "suit" that does result; (2) Except as provided in Paragraph B.3 of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit"; and (4) Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the "written contract" requires this insurance to be primary and non- contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured. G- 140331 -C (Ed. 10110) We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the - addition ai- insured-written notice of a claim or "suit." 2. With respect only to the insurance provided by this endorsement, the first sentence of Paragraph 4.a. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance a. Primary Insurance This insurance is primary and non- contributory except when rendered excess by endorsement G- 140331 -C, or when Paragraph b. below applies. D. Only for the purpose of the insurance provided by this endorsement, SECTION, V — DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The "bodily injury" or "property damage "; or b The offense that caused the "personal and advertising injury" for which the additional insured seeks coverage under this Coverage Part. G- 140331 -C Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 2 (Ed. 10/10) COMPLIANCE WITH IMMIGRATION AND NATURALIZATION ACT The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986, as amended. The City requires that all contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand ;Dollars ($5,000), or any other city contract in excess of Two Thousand Five Hundred Dollars ($2,500), enroll in the E- Verify program or its successor, and thereafter to verify its employees' proof,of citizenship and authorization to work in the United States. E- Verify will be used for newly hired employees during the term of the contract ONLY: it is NOT to be used for existing employees. The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor. The contractor shall sign and return with their bid response the E- Verify Derinrntinn holnw, Failure to do so may be cause for rejection of bid. E- VERIFY COMPLIANCE DECLARATION The undersigned declares, under penalty of perjury under the laws of Washington State that: By submitting this Declaration, I certify that I do not and will not, during the performance of this contract, employ illegal alien workers, or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986. 2. 1 agree to enroll in E- Verify prior to the start date of any contract issued by the City of Yakima to ensure that my workforce is legal to work in the United States of America. I agree to use E- Verify for all newly hired employees during the length of the contract. 3. 1 certify that I am duly authorized to sign this declaration on behalf of my company. 4. 1 acknowledge that the City of Yakima reserves the right to require evidence of enrollment of the E- Verify program at any time and that non- compliance could lead to suspension of this contract. Firm Name: Dated this day of , 20 Signature Printed Name: Phone # Email Address: 17