Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
R-2024-099 Resolution authorizing an agreement with Tri-Valley Construction, Inc. for the South 2nd Avenue Water Main Project 2792
RESOLUTION NO. R-2024-099 A RESOLUTION authorizing an agreement with Tri-Valley Construction, Inc. for the South 2nd Avenue Water Main Replacement Project AC2792. WHEREAS, the City of Yakima (City) owns, operates and maintains the domestic water supply and storage systems in accordance with applicable Federal, State and Local regulations; and WHEREAS, the City's Water/Irrigation Division has experienced a number of breaks along a portion of 100-year old water main on South 2nd Avenue between Division Avenue and East Pine Street, causing damage to both public and private infrastructure; and WHEREAS, the City's Water/Irrigation Division determined that this portion of water main on South 2nd Avenue between Division Avenue and East Pine Street requires replacement; and WHEREAS, on January 4, 2024, the City entered into a Professional Services Agreement with HLA Engineering and Land Surveying, Inc. to prepare the plans and specifications for the South 2nd Avenue Water Main Replacement Project AC2792 (Contract 2024-012); and WHEREAS, the City requires construction services for the installation of the improvements associated with the South 2nd Avenue Water Main Replacement Project AC2792; and WHEREAS, the City used the procedure established by the State of Washington for competitively bidding projects; and WHEREAS, Tri-Valley Construction, Inc. submitted the lowest responsible bid and has the ability to perform the work as designed and specified; and WHEREAS, the project is funded by the 477 Water Improvement Fund; and WHEREAS, the City Council has determined that it is in the best interest of the City of Yakima to enter into a contract agreement with Tri-Valley Construction, Inc. to perform the work detailed in the plans and specifications for the South 2nd Avenue Water Main Replacement Project AC2792; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Interim City Manager is hereby authorized to execute the contract agreement with Tri- Valley Construction, Inc. in the amount of Four Hundred Ninety-Nine Thousand Eight Hundred Eighty Dollars and Sixty-Seven Cents ($499,880.67) for the South 2nd Avenue Water Main Replacement Project AC2792, which is attached hereto and by this reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 21st day of May, 2024. P�I��q�%,1 ATTEST: ,'" *� • �4� Patricia Byers, ayor s* : SEAL : *% • a\.\ •salinda Ibarra, City Clerk CONTRACT THIS AGREEMENT, made and entered into in triplicate, this ra?1 day of \Gt,> , 2024, by and between the City of Yakima, hereinafter called the Owner, and Tri-Valley Construction, Inc. z a Washington Corporation, hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: I. The Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID AMOUNT OF:$ 499,880.67 for South 2nd Avenue Water Main Replacement, City of Yakima Protect No.AC-2792, all in accordance with, and as described in the attached specifications and the 2024 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. Contract time shall begin on the first working day following the Notice to Proceed Date and shall be completed in thirty(30)working days. If work has not commenced within the ten (10)days after the notice to proceed, the first chargeable working day shall be the eleventh (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 release, indemnify, defend, and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental 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. a. 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. G\PROJECTS\2024\24032E\11 Specs\24032 Spec docx 4-2 b. 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. c. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. d. The terms of this Section shall survive any expiration or termination of this Contract. 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 YAKIMA CONTRACTOR O ..? this �� day of ON 2024. ►N Tri-Valley Construction, Inc. , a WA Corporation o N Construction Company ci• z By: Er• o Cit retry,gnature Contractor Signature z o 0 U 2-(t-be.�l. Derek Delorme (Printed Name) (Printed Name) Attest: = YAKInjNl,l i * SEA 1 * President i City Clerk *. ;' Imo; (President, Owner, etc.) #l'1, ......... r Address: 1008 N. 1st Street Yakima,WA 98901 G\PROJECTS12024\24032E\11 Specs\24032 Spec docx 4-3 CERTIFICATIONS CITY OF YAKIMA SOUTH 2ND AVENUE WATER MAIN REPLACEMENT CITY OF YAKIMA PROJECT NO.AC-2792 HLA PROJECT NO. 24032 Provide the following: Rick Martin Name of Traffic Control Manager(TCM) (Must be an employee of the Contractor) Phone: (509)452-4098 Email: rickmartintvc@yvn.com Steve Stepper Name of Certified Traffic Control Supervisor(TCS) (Provide copy of certificate) Phone: (509) 576-8259 Email: Oscar@striperite.com Fduardo 7a7ueta Name of Mandatory Alternate Certified Traffic Control Supervisor(TCS) (Provide copy of certificate) Phone: (619) 721-4241 Email: Oscar@striperite.com Baer Testing& Engineering, Inc. Name of Certified Testing Laboratory for Material Testing Phone: (509)469-3068 Email: www.baertesting.com G\PROJECTS\2024124032E\11.Specs\24032 Spec.docx 4-4 • • • a - t 'lASHINGTON STATE TRAFFIC CONTR01:L- FLAGGLR Name LGtu ltL �Z�z fa � '_ Card No. ES012554 • • Date of Expiration`J/?G/26ZG 'Date ofIssue• /3G/ �f[. -ty. v>`� x��...,• ,'?',� ,. s5, •H ggFrsS(gnature • ASH:INGTON STATE TRAFFIC CONTROL;` SUPERVISOR__. , •.:> [ • Name EDUARDO ZAZUETA I.D.No. 7210 Card No.N1rV � S t 7 Date of Expiration 11/17/2027 I� ^_� „•.' • TCS•S signature`, Instructor's Signature _ _ This recognizes that the named person has received basic knowledge and information compliant with MUTCD and necessary to perform the duties of a Traffic Control Flagger. Training was conducted by: Organization Columbia Basin College Instructor's Name(primValerie Sweatt ES2000137 Instructor's ID Number This recognizes that the person identified on this card has successfully met the training standard required to be awarded a Washington State Traffic Control Supervisor Card. Training of the named TCS was conducted by: NWLETT Organization SEANI FITZPATRICK Instructor's Name(Print) Bond No. 100050216 CONTRACT BOND CITY OF YAKIMA SOUTH 2ND AVENUE WATER MAIN REPLACEMENT CITY OF YAKIMA PROJECT NO.AC-2792 HLA PROJECT NO. 24032 BOND TO CITY OF YAKIMA KNOW ALL PERSONS BY THESE PRESENTS: That we,the undersigned, Tri-Valley Construction, Inc. as principal, and Merchants Bonding Company(Mutual) a corporation organized and existing under the laws of the State of Iowa , as a Surety corporation, and qualified under the laws of the State of Washington to become Surety upon bonds of contractors with municipal corporations,as Surety, are jointly and severally held and firmly bound to the City of Yakima in the penal sum of$ 499,880.67 for the payment of which sum we bind ourselves and our successors, heirs, administrators, or personal representatives, as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington and the Ordinances of the City of Yakima. Dated at Vancouver , Washington,this 9th day of May , 2024. Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to action of the City of Yakima, on May 6th , 2024,the City Manager of said City of Yakima, has let or is about to let to the said Tri-Valley Construction. Inc. ,the above bounden Principal, a certain Contract,the said Contract being numbered City of Yakima Project No.AC-2792, HLA Project No.24032, and providing for the construction of SOUTH 2ND AVENUE WATER MAIN REPLACEMENT which Contract is referred to herein and is made a part hereof as though attached hereto,and WHEREAS,the said Principal has accepted,or is about to accept,the said Contract,and undertake to perform the work therein provided for in the manner and within the time set forth; NOW,THEREFORE, if the said Tri-Valley Construction, Inc. shall faithfully perform all 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 industrial insurance premiums, and all persons who shall supply said principal or subcontractors with provisions and supplies for the carrying on of said work, and shall indemnify and hold the City of Yakima harmless from any damage or expense by reason of failure of performance as specified in said Contract or from defects appearing or developing in the material or workmanship provided or performed under said Contract within a period of one year after its acceptance thereof by the City of Yakima, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. G\PROJECTS12024\24032E\11.Specs\24032 Spec.docx 4-5 CITY OF YAKIMA SOUTH 2ND AVENUE WATER MAIN REPLACEMENT CITY OF YAKIMA PROJECT NO. AC-2792 HLA PROJECT NO. 24032 SURETY: Merchants Bonding Company(Mutual) CONTRACTOR: By: � ��✓/ � Tri-Valley Construction, Inc. ``y,\iu4tii, ( omey-i et) CONTRACTOR NAME 1- •'�� G:Natrae: Megan Ferdig By: • (Please Pnnt or Type) AUTHORIZED OFFICIAL'S SIGNATURE c• 9.1 �► lVent: Alliant Insurance Services, Inc. Name: 7 �A . f. .�,e•• (Please Print or Type) r ,.>• Address:105 W. Evergreen Boulevard, Suite 200 Vancouver, WA 98665 Surety Representative Name: Tanner Varin Surety Representative Phone: (800)678-8171 Surety Representative Email: tvarin anmerchantsbonding.com proved as to Form: City Attorney G\PROJECTS\2024\24032E\11 Specs\24032 Spec docx 4-6 MERCHAN-171 BONDING COMPANY-. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC, both being corporations of the State of Iowa,d/b/a Merchants National Indemnity Company(in California only)(herein collectively called the "Companies")do hereby make,constitute and appoint,individually, Jeri Oien;Keith Degginger;Laura Morgan;Megan Ferdig;Rachelle Schlenker their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authonty of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof" "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 7th day of February , 2023 • ..••""""••.. .•••'•••. MERCHANTS BONDING COMPANY(MUTUAL) •• �f,ON •. �‘.. CQA•• MERCHANTS NATIONAL BONDING,INC. y?p(>IPO;4•4C'• :00•'p SPOA '•9 d/bla MERCHANTS NATIONAL INDEMNITY COMPANY •:Zit` -0- V.O :�-:_= -o- ��'?�: ;u' 2003 v 4)" .a.• 1933 e: By •y • ••lr• • '•d`� . •..**• ••.�• -• \1�`'• Presid/941ent STATE OF IOWA •�'• • �*'� ��.•'�� ••• ' • ' •••• COUNTY OF DALLAS ss. '' On this 7th day of February 2023 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ,OkuetNo Lee z �, Ccrrmiosio 4 t is Number pins , ,. Apt 14 2024 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 9th day of May ,2024 . c e PO p•• ' 2003 :;0, •y 1933 ;'c; Secretary ••eyf :• .J• d•. • •• POA 0018 (10/22) """ CITY OF YAKIMA SUBCONTRACTOR'S CERTIFICATION Subcontractor's Certification is not required at the time of bid. This Certification must be completed by each subcontractor prior to award of any subcontract: Tri-Valley Construction, Inc. certifies that: (SUBCONTRACTOR) 1. It intends to use the following listed construction trades in the work under the subcontract: Traffic Control, demolition, asphalt paving, concrete, underground utilities, materials, erosion control, and compaction testing. and; As to those trades for which it is required by these Bid Conditions to comply with these Bid Conditions, it adopts the minimum minority and women workforce utilization goals and the specific affirmative action steps for all construction work(both federal and non-federal) in the Yakima, Washington area subject to these Bid Conditions, those trades being: An attempt was made to solicit bids from women owned, minority owned, and DBE businesses for review. (Signature of Authorized Representative of Subcontractor) G:\PROJECTS\2024\24032E\11.Specs\24032 Spec docx 4-7 From: Goins,Alvssa(MMA) To: Janell Buchanan Cc: Mike Shane; Stvch,Sam(MMAI;Angie Ringer Subject: RE:AC-2792-24032C-City of Yakima-Insurance for Payne West Review Date: Wednesday,May 15,2024 2:07:19 PM Attachments: image002.png Thanks Janell. This is exactly what we needed. The certificate is in compliance with the contract. Thanks, Alyssa Alyssa Goins, AFIS Sales Executive Agriculture Practice,Transportation Practice, Real Estate Practice CA Insurance License#4234627 MARSH &MCLENNAN AGENCY LLC—CA Agency License OH18131 T+1 509 955 1301 I M+1 509 307 6614 I 1202 N 16th Ave,Suite 200 I Yakima,WA 198908 Alvssa Goins(0MarshMMA corn I MMANorthwest corn Facebook I Linkedln I Instagram I Youlube MarshMcLennan Agency A business of Marsh McLennan TRI-CON-03 SANDERSON2 ,acoRO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD YYYY) `—� 5/15/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT you go:) NAME Alliant Insurance Services,Inc. PHONE FAX 401 Union St 31st FI (A/c,No,Ext).(425)740-5200 (A/C,No). Seattle,WA 98101 E-MAIL ADDRESS INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Nautilus Insurance Company 17370 INSURED INSURER B.Western National Mutual Insurance Company 15377 Tri-Valley Construction,Inc. INSURER C. 1008 N 1st St INSURER D Yakima,WA 98901 INSURER E• INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD IMM/DD/YYYY) IMM/DD/YYYY1 A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000 CLAIMS-MADE X OCCUR ECP2037596-12 5/10/2024 5/10/2025 DAMAGE TO RENTED 100,000 X X PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 5,000,000 POLICY X JECT LOC PRODUCTS-COMP/OP AGG $ 5,000,000 OTHER $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) X ANY AUTO X X CPP 1287065 02 5/10/2024 5/10/2025 BODILY INJURY(Per person) $ OWNED SCHEDULED _ AUTOS ONLY AUTOS SSWry BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS ONLY (PerP accident DAMAGE I $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ECP2037596-12 5/10/2024 5/10/2025 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED, N/A (Mandatory in NH) E L DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:City of Yakima S.2nd Ave Water Main Replacement Washington is a monopolistic state,where Workers'Compensation is handled through the Dept.of Labor&Industries. The limits shown above in the Workers'Compensation section are Washington Stop Gap. CERTIFICATE HOLDER CANCELLATION I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Yakima THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2301 Fruitvale Boulevard Yakima,WA 98902 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS - ONGOING OPERATIONS -COVERAGE A, B, D.1 & D.4 Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date 5/10/2025 5/10/2024 This endorsement modifies insurance provided under the following ENVIRONMENTAL COMBINED POLICY I. SECTION III—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, in effect during this policy period, that such person or organization be added as an additional insured on this policy; and 2. Any other person or organization you are explicitly required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement Such person(s) or organization(s) is an additional insured only with respect to liability for bodily injury or property damage under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Coverage D.1 — Contractors Pollution Legal Liability and Coverage D.4— Microbial Substance Contractors Pollution Liability, or personal injury or advertising injury under SECTION I - COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY directly caused 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 described in Paragraph 1. or 2. above However, the insurance afforded to such additional insured described above. 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, and c. Will not extend beyond that which is provided to you in this policy A person's or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed. II. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: 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 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 bodily injury or property damage, or the offense which caused the personal and advertising injury, involved the rendering of, or the failure to render any professional architectural, engineering or surveying services b. 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 ECP 1246 01 21 Includes copyrighted material of Insurance Services Office, Inc, used with its permission Page 1 of 2 (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 III. With respect to the insurance afforded to these additional insureds, the following is added to SECTION V — LIMITS OF INSURANCE. The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph 1.1.; or 2. Available under the applicable limits of insurance, whichever is less. This endorsement shall not increase the applicable limits of insurance IV. With respect to the insurance afforded to these additional insureds, the following is added to SECTION VI— REPORTING, DEFENSE, SETTLEMENT& COOPERATION. 1. Duties --Additional Insured An additional insured must see to it that. a. We are notified in writing as soon as practicable of an occurrence or offense which may result in a claim or suit; b. We receive written notice of a claim or suit as soon as practicable, and c. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the contract or agreement requires that this coverage be primary and noncontributory V. SECTION VII—CONDITION 10.—Other Insurance is amended by the addition of the following which 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 a person(s) or organization(s) included as an additional insured under this endorsement provided that: 1. The additional insured person(s) or organization(s) is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement, in effect during this policy period, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured person(s) or organization(s) Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement However, this provision does not apply if the other insurance available to the person(s) or organization(s) included as an additional insured is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar project- specific, primary insurance. VI. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a SCHEDULE of additional insureds, and which endorsement applies to that designated additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1246 01 21 Includes copyrighted material of Insurance Services Office, Inc, used with its permission Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS - COMPLETED OPERATIONS - COVERAGE A, D.1 & D.4 Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date 5/10/2025 5/10/2024 This endorsement modifies insurance provided under the following ENVIRONMENTAL COMBINED POLICY I. SECTION III —WHO IS AN INSURED is amended to include as an additional insured 1. Any person or organization for whom you have performed operations when you and such person or organization have agreed in writing in a contract or agreement, in effect during this policy period, that such person or organization be added as an additional insured on this policy; and 2. Any other person or organization you are explicitly required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such contract or agreement must be executed and in effect prior to the performance of your work included in the products-completed operations hazard which is the subject of such contract or agreement Such person(s) or organization(s) is an additional insured only with respect to liability for bodily injury or property damage under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Coverage D.1 — Contractors Pollution Legal Liability and Coverage D.4— Microbial Substance Contractors Pollution Liability, directly caused by your work performed for the additional insured described in Paragraph 1. or 2. above, and included in the products-completed operations hazard. However, the insurance afforded to such additional insured described above. 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; and c. Will not extend beyond that which is provided to you in this policy. II. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to. a. Bodily injury or property damage 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 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 bodily injury or property damage involved the rendering of, or the failure to render any professional architectural, engineering or surveying services III. With respect to the insurance afforded to these additional insureds, the following is added to SECTION V — LIMITS OF INSURANCE The most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement described in Paragraph 1.1., or 2. Available under the applicable limits of insurance; whichever is less This endorsement shall not increase the applicable limits of insurance IV. With respect to the insurance afforded to these additional insureds, the following is added to SECTION VI — ECP 1248 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission Page 1 of 2 REPORTING, DEFENSE, SETTLEMENT& COOPERATION: 1. Duties --Additional Insured An additional insured must see to it that: a. We are notified in writing as soon as practicable of an occurrence which may result in a claim or suit; b. We receive written notice of a claim or suit as soon as practicable; and c. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the contract or agreement requires that this coverage be primary and noncontributory. V. SECTION VII—CONDITION 10.—Other Insurance is amended by the addition of the following which 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 a person(s) or organization(s) included as an additional insured under this endorsement provided that 1. The additional insured person(s) or organization(s) is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement, in effect during this policy period, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured person(s) or organization(s). Such contract or agreement must be executed and in effect prior to the performance of your work included in the products-completed operations hazard which is the subject of such contract or agreement However, this provision does not apply if the other insurance available to the person(s) or organization(s) included as an additional insured is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar project- specific, primary insurance. VI. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a SCHEDULE of additional insureds, and which endorsement applies to that designated additional insured ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1248 01 21 Includes copyrighted material of Insurance Services Office, Inc, used with its permission Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION (TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US) AUTOMATIC STATUS - COVERAGE A, B & D Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date 5/10/2025 5/10/2024 This endorsement modifies insurance provided under the following ENVIRONMENTAL COMBINED POLICY I. The following is added to Paragraph 17. Subrogation of SECTION VII -CONDITIONS: We waive any right of recovery against any person(s) or organization(s) because of payments we make under COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, and COVERAGE D-CONTRACTORS POLLUTION LIABILITY under this policy. Such waiver by us applies only if: 1. The insured has agreed in writing in a contract or agreement with such person(s) or organization(s) to waive its right of recovery; and 2. The insured has waived its right of recovery against such person(s) or organization(s) prior to loss This waiver does not apply in any jurisdiction where such waiver is held to be illegal or against public policy or in any situation where the person(s) or organization(s) against whom subrogation is to be waived is found to be solely negligent. This endorsement does not apply to any person(s) or organization(s) designated in a SCHEDULE of person(s) or organization(s) against whom rights of recovery have been waived ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1260 01 21 Includes copyrighted material of Insurance Services Office, Inc, used with its permission Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT- COVERAGE A & D -AUTOMATIC STATUS Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date 5/10/2025 5/10/2024 This endorsement modifies insurance provided under the following• ENVIRONMENTAL COMBINED POLICY SECTION V — LIMITS OF INSURANCE is amended by the addition of the following terms and conditions when you have agreed in writing in a contract or agreement, in effect during this policy period, with any person or organization for whom you are performing operations, that a per-project aggregate will apply. I. For all amounts which the insured becomes legally obligated to pay as damages caused by occurrences under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage D.1 — Contractors Pollution Legal Liability and Coverage D.4 — Microbial Substance Contractors Pollution Liability which can be attributed only to covered operations at a single project 1. A separate Per-Project Aggregate Limit applies to each project, and that limit is equal to the lesser of: a. The applicable General Aggregate Limit, or b. $2,000,000. 2. The Per-Project Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage D.1 —Contractors Pollution Legal Liability and Coverage D.4—Microbial Substance Contractors Pollution Liability except damages because of bodily injury or property damage included in the products-completed operations hazard, 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 — BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage D.1 — Contractors Pollution Legal Liability and Coverage D.4— Microbial Substance Contractors Pollution Liability for damages shall reduce the Per-Project Aggregate Limit for that particular project. Such payments shall not reduce the applicable General Aggregate Limit nor shall they reduce any other Per-Project Aggregate Limit for any other project. 4. The applicable limits for Each Occurrence, Damage To Premises Rented To You continue to apply. However, instead of being subject to the applicable General Aggregate Limit, such limits will be subject to the applicable Per- Project Aggregate Limit 5. Regardless of the number of projects covered under this policy, the most we will pay under the terms and conditions of this endorsement is $5,000,000. II. For all amounts which the insured becomes legally obligated to pay as damages caused by occurrences under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage D.1 — Contractors Pollution Legal Liability and Coverage D.4 — Microbial Substance Contractors Pollution Liability which cannot be attributed only to covered operations. 1. Any payments made under SECTION I —COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage D.1 —Contractors Pollution Legal Liability and Coverage D.4—Microbial Substance Contractors Pollution Liability for damages shall reduce the amount available under the General Aggregate Limit or the Products Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Per-Project Aggregate Limit. III. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Per- Project Aggregate Limit. ECP 1295 01 21 Includes copyrighted material of Insurance Services Office, Inc, used with its permission Page 1 of 2 IV. If the applicable project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the particular project will still be deemed to be the same project. V. The provisions of SECTION V—LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. VI. This endorsement does not apply to any Designated Construction Project(s)which has been specifically endorsed to this policy on a General Aggregate Limit endorsement showing the Designated Construction Project(s) in a SCHEDULE ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1295 01 21 Includes copyrighted material of Insurance Services Office, Inc, used with its permission Page 2 of 2 Policy No CPP 1287065 WNCA800619 BUSINESS AUTO ENHANCEMENT EDGE ENDORSEMENT The Business Auto Enhancement Edge 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 summary, 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 Waiver of Subrogation 5 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 4 Employee Hired Auto 6 Fellow Employee Coverage 3 Hired Auto Physical Damage Coverage 3, 6 Knowledge of Accident, Claim, Suit or Loss 5 Loss Of Use Expenses -Amended 3 Personal Effects 3 Primary and Noncontributory If Required by a Written Contract or Written Agreement 6 Rental Reimbursement Coverage 4 Supplementary Payments -Amended. • Bail Bonds up to $5,000 3 • Loss of Earnings up to $500/Day 3 Temporary Substitute Vehicle Physical Damage 2 Towing 3 Transportation Expense Limits—Amended 3 Unintentional Failure to Disclose Hazards 6 WN CA 80 06 19 Page 1 of 6 Includes copyrighted material of Insurance Services Office,with its permission WN CA 80 06 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCEMENT EDGE 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 e. Any organization which is newly acquired or AMENDMENTS formed by you and over which you maintain A. Temporary Substitute Vehicle Physical Damage majority ownership. However, coverage under SECTION I — COVERED AUTOS, C. Certain this provision Trailers, Mobile Equipment And Temporary (1) is afforded only for the first 180 days after you Substitute Autos is amended by adding the acquire or form the organization or until the following: end of the policy period, whichever comes If a covered "auto" you own is out of service because first, of its: (2) does not apply to "bodily injury" or "property a. Breakdown, damage" that results from an "accident" that b. Repair; occurred before you formed or acquired the p organization; c. Servicing; (3) does not apply to any newly acquired or d. "Loss", or formed organization that is a joint venture or e Destruction, partnership, and the Physical Damage Coverages provided by the (4) does not apply to an "insured" under any Business Auto Coverage Form for that disabled other automobile liability policy or would be covered "auto" are extended to any"auto"you do not an "insured" under such a policy but for ter- own while used with the permission of its owner as a mination of such policy or the exhaustion of temporary substitute for the covered "auto" that is out such policy's limits of insurance. of service. f. Any "employee" of yours is an "insured" while SECTION II — COVERED AUTOS LIABILITY using a covered "auto" you don't own, hire or COVERAGE AMENDMENTS borrow in your business or your personal affairs. A. Who Is An Insured g. Any "employee" of yours is an "insured" while operating a covered "auto" hired or rented under SECTION II — COVERED AUTOS LIABILITY a contract or agreement in the "employee's" COVERAGE, A. Coverage, 1.Who Is An Insured is name, with your permission, while performing amended to add duties related to the conduct of your business. 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. WN CA 80 06 19 Includes copyrighted material of Insurance Services Office,with its permission Page 2 of 6 B. Blanket Additional Insured SECTION III — PHYSICAL DAMAGE COVERAGE SECTION II — COVERED AUTOS LIABILITY AMENDMENTS COVERAGE, A. Coverage, 1. Who Is An Insured, A. Towing paragraph c. is amended to add the following. SECTION III — PHYSICAL DAMAGE COVERAGE, Any person or organization who is required under a A. Coverage, 2. Towing, is amended by adding the written contract or agreement between you and that following person or organization, that is signed and executed 2. Towing by you before the"bodily injury"or"property damage" We will pay up to $250 for towing and labor costs occurs and that is in effect during the policy period, to incurred each time a covered "auto" is disabled. be named as an additional insured is an "insured" for However, the labor must be performed at the Liability Coverage, but only for damages to which this place of disablement. This $250 limit is reduced insurance applies and only to the extent that persons by any applicable towing limit shown in the or organization qualifies as an "insured" under the declarations. Who Is An Insured provision contained in Section II. Regardless of the number of disablements, the C. Liability Coverage Extensions — Supplementary maximum amount we will pay under this Payments endorsement for all towing and labor costs SECTION II — COVERED AUTOS LIABILITY combined during any one year is$2,500 COVERAGE, A. Coverage, 2. Coverage B. Transportation Expense— Limits Amended Extensions, a. Supplementary Payments is SECTION III — PHYSICAL DAMAGE COVERAGE, amended by replacing subparagraphs(2)and (4)with the following A. Coverage, 4. Coverage Extensions, a. Trans- portation Expenses is amended by replacing $20 (2) Up to $5,000 for cost of bail bonds (including per day/$600 maximum limit with $50 per day/$1,000 bonds for related traffic law violations) required maximum because of an "accident" we cover. We do not have to furnish these bonds. C. Hired Auto Physical Damage — Loss Of Use (4) All reasonable expenses incurred by the"insured" Expenses— Limits Amended at our request, including actual loss of earnings SECTION III — PHYSICAL DAMAGE COVERAGE, up to $500 a day because of time off from work A. Coverage, 4. Coverage Extensions, b. Loss of Use Expenses is amended by replacing the $20 per D. Fellow Employee Coverage day/$600 maximum limit with $50 per day/$750 SECTION II — COVERED AUTOS LIABILITY maximum limit. COVERAGE, B. Exclusions, 5. Fellow Employee, the following is added. D. Personal Effects Coverage Co-Employee Lawsuit Defense Cost SECTION III — PHYSICAL DAMAGE COVERAGE, Reimbursement A. Coverage, 4. Coverage Extensions is amended by adding the following If a suit seeking damages for "bodily injury" to any c. Personal Effects fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment We will pay up to $500 for "loss" to personal or while performing duties related to the conduct of effects, which are your business, or a suit seeking damages brought by (1) Owned by an "insured"; and the spouse, child, parent, brother or sister of that (2) In or on your covered "auto." fellow "employee", is brought against you, we will This coverage applies only in the event of the total reimburse reasonable costs that you incur in the theft of your covered "auto." No deductible applies to defense of such matters. Any reimbursement made this coverage pursuant to this sub-section will be in addition to the limits of liability set forth in the Declarations WN CA 80 06 19 Includes copyrighted material of Insurance Services Office,with its permission Page 3 of 6 E. Glass Repair— Deductible Waiver G. Rental Reimbursement SECTION III — PHYSICAL DAMAGE COVERAGE, SECTION III—PHYSICAL DAMAGE COVERAGE A. A. Coverage, 3. Glass Breakage — Hitting A Bird Coverage, is amended by adding the following. Or Animal — Falling Objects Or Missiles, is 6. Rental Reimbursement amended by adding the following This coverage applies only to a covered "auto" of No deductible will apply to glass breakage if such the private passenger or light truck type as glass is repaired, in a manner acceptable to us, rather follows. than replaced. a. We will pay for rental reimbursement F. Hired Auto Physical Damage expenses incurred by you for the rental of a SECTION III — PHYSICAL DAMAGE COVERAGE, private passenger or light truck type "auto" A. Coverage is amended by adding the following. because of "loss" to a covered private pas- s. Hired Auto Physical Damage senger or light truck type "auto". Payment applies in addition to the otherwise applicable If hired "autos" are covered "autos" for Liability amount of each coverage you have on a Coverage and if Comprehensive, Specified covered private passenger or light truck type Causes of Loss, or Collision coverages are pro- "auto." No deductibles apply to this vided under this coverage form for any"auto"you coverage own, then the Physical Damage Coverages b. We will pay only for those expenses incurred provided are extended to "autos" you hire of like during the policy period beginning 24 hours kind and use, subject to the following. after the "loss" and ending, regardless of the a. The most we will pay for any one "loss" is policy's expiration, with the lesser of the fol- $50,000 or the actual cash value or cost to lowing number of days repair or replace, whichever is less, minus a (1) The number of days reasonably required deductible; to repair or replace the covered private b. The deductible will be equal to the largest passenger or light truck type "auto". If deductible applicable to any owned "auto" for "loss" is caused by theft, this number of that coverage Any Comprehensive deducti- days is added to the number of days it ble does not apply to "loss" caused by fire or takes to locate the covered private lightening; passenger or light truck type "auto" and c. Hired Auto Physical Damage coverage is return it to you, or excess over any other collectible insurance; (2) 30 days and c. Our payment is limited to the lesser of the d. Subject to the above limit, deductible and following amounts. excess provisions we will provide coverage (1) Necessary and actual expenses equal to the broadest coverage applicable to incurred, or any covered "auto" you own. If a limit for Hired Auto Physical Damage is (2) $50 per day, up to a maximum of$1,000 indicated in the Declarations, then that limit replaces, and is not added to, the $50,000 limit indicated above WN CA 80 06 19 Includes copyrighted material of Insurance Services Office,with its permission Page 4 of 6 d. This coverage does not apply while there are (2) Financial penalties imposed under a spare or reserve private passenger or light lease for excessive use, abnormal wear truck type "autos" available to you for your and tear or high mileage; operations. (3) Security deposits not returned by the e. If "loss" results from the total theft of a lessor; covered "auto" of the private passenger or (4) Costs for extended warranties, Credit light truck type, we will pay under this cover- Life Insurance, Health, Accident or age only that amount of your rental reim Disability Insurance purchased with the bursement expenses which is not already loan or lease, and provided for under SECTION III—PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. (5) Carry-over balances from previous loans Coverage Extensions. or leases. For the purposes of this Rental Reimbursement J. Audio, Visual and Data Electronic Equipment — coverage, light truck is defined as a truck with a Limit Amended gross vehicle weight of 10,000 lbs. or less as SECTION III-PHYSICAL DAMAGE COVERAGE,C. defined by the manufacturer as the maximum Limits of Insurance, 1.b. is amended by replacing loaded weight the auto is designed to carry the $1,000 limit with a $2,500 limit. H. Accidental Airbag Deployment Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, SECTION IV — BUSINESS AUTO CONDITIONS A. Coverage is amended by adding the following. AMENDMENTS 7. Accidental Airbag Deployment Coverage A. Duties In The Event Of Accident, Claim, Suit Or We will pay to reset or replace factory installed Loss Amended airbag(s) in any covered "auto" for accidental SECTION IV — BUSINESS AUTO CONDITIONS, A. discharge, other than discharge due to a collision Loss Conditions, 2. Duties In The Event Of loss. Accident, Claim, Suit Or Loss, a. is amended by This coverage is applicable only if comprehensive adding the following: coverage applies to the covered "auto". This condition applies only when the "accident" or This coverage is excess over any other collectible "loss" is known to: insurance or reimbursement by manufacturer's (1) You, if you are an individual; warranty (2) A partner, if you are a partnership; I. Auto Loan/Lease Gap Coverage (3) An executive officer or insurance manager, if you SECTION III PHYSICAL DAMAGE COVERAGE, are a corporation, or Item A., Coverage, is amended by adding the (4) A member or manager, if you are a limited liability following. company. 8. Auto Loan/Lease Gap Coverage But this section does not amend the provisions This coverage applies only to a covered "auto" relating to notification of police, protection or exami- described or designated in the Schedule or in the nation of the property which was subject to the"loss". Declarations as including physical damage B. Blanket Waiver of Subrogation coverage. In the event of a covered total "loss" to a covered Section IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights of "auto"described or designated in the Schedule or Recovery Against Others to Us, is amended by in the Declarations, we will pay any unpaid adding the following exception: amount due on the lease or loan for a covered "auto" less. However, we waive any right of recovery we may a. The amount paid under the Physical Damage have against any person or organization to the extent Coverage Section on the policy; and required of you by a written contract signed and executed prior to any "accident" or "loss", provided b. Any. that the "accident" or "loss" arises out of operations (1) Overdue lease/loan payments at the time contemplated by such contract The waiver applies of the"loss"; only to the person or organization designated in such contract WN CA 80 06 19 Includes copyrighted material of Insurance Services Office,with its permission Page 5 of 6 C. Unintentional Failure to Disclose Hazards E. Primary and Noncontributory If Required By SECTION IV — BUSINESS AUTO CONDITIONS, B. Written Contract or Written Agreement General Conditions, 2. Concealment, Misrepre- SECTION IV — BUSINESS AUTO CONDITIONS, B. sentation Or Fraud, is amended by adding the General Conditions, 5. Other Insurance c., the following paragraph: following is added and supersedes any provision to If you unintentionally fail to disclose any hazards the contrary: existing at the inception date of the policy, or during This Coverage Form's Covered Autos Liability the policy period in connection with any additional Coverage is primary to and will not seek contribution hazards, we will not deny coverage under this Coy- from any other insurance available to an "insured" erage Part because of such failure. under your policy provided that: D. Employee Hired Auto (1) Such "insured" is a Named Insured under such SECTION IV — BUSINESS AUTO CONDITIONS, B. other Insurance, and General Conditions,5.Other Insurance, paragraph (2) You have agreed in writing in a contract or b is deleted and replace by the following agreement that this insurance would be primary b. For Hired Auto Physical Damage Coverage, the and would not seek contribution from any other insurance available to such "insured'. 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". WN CA 80 06 19 Includes copyrighted material of Insurance Services Office,with its permission Page 6 of 6 1 .. a, ____,) BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.K. For Meeting of: May 21, 2024 ITEM TITLE: Resolution authorizing an agreement with Tri-Valley Construction, Inc. for the South 2nd Avenue Water Main Project 2792 SUBMITTED BY: Scott Schafer, Director of Public Works * Mike Shane, Water/Irrigation Manager SUMMARY EXPLANATION: Project 2792 replaces an aging and failing 12-inch cast iron waterline within South 2nd Avenue between Division Street and West Pine Avenue. This waterline has been problematic with several breaks in recent years. The project entails replacement of the waterline with a 12-inch ductile iron waterline and appurtenances, including all new water service lines to the meter and fire hydrants. City staff used the State bidding process to advertise for competitive bids; selecting Tri-Valley Construction, Inc. as the low bidder with a bid of$499,880.67. The Agreement has been attached for City Council review in an amount not to exceed $499,880.67. The project is funded by Fund 477 Water Capital. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Upload Date Type ❑ 5/14/2024 Resolution 5/1/2024 Contract 4/30/2024 Backup Material Change Order 1.-t City of Yakima Change Order Number 01 South 2nd Avenue Water Main Replacement Change Order Date July 16, 2024 Project: (Name) P 9 (Number) 24032C Contract Number COY No.AC-2792 To: (Contractor) Contract Date June 3,2024 I Tri-Valley Construction, Inc 1008 N.1 st Street Yakima, WA 98901 J You are directed to make the following changes in this Contract: Steel Casing Add Item No.28-CO#1 -Steel Casing- 1 LS @$41,757.23($38,557.00+8.3%tax) This change order is being executed to compensate the contractor for additional work which became necessary due to the discovery of the third rail line at the intersection of South 2nd Avenue and Pine Street not being a Yakima Trolley rail line but a Union Pacific line.The water main replacement crossing must adhere to Union Pacific standards and will include additional materials such as a 24"steel casing, casing vents, and cathodic protection. Not valid until signed by both the Approving Authority and Contractor. Signature of the Contractor indicated agreement herewith,induding any adjustment on the Contract Sum or Contract Time. The original Contract Sum was $ 499,880.67 Net change by previous Change Orders $ The Contract Sum prior to this Change Order $ 499,880.67 The Contract Sum will be: M Increased ❑ Decreased ❑ Unchanged by this Change Order $ 41,757.23 The New Contract Sum including this Change Order will be $ 541,637.90 The Contract Time will be: M Increased ❑ Decreased ❑ Unchanged by 4 working days The New Contract Time will be 4 working days Contractor Approval Recommended A ro L,Re mm ed Benjamin A.Annen,PE,Project Engineer afer recto By Derek Delorme Digitally signed by By S ��___, Bgbjamin A Annen By Title President t Date:2024 07 19 Date 06.5316-07'00' 7// a 7� 7>a44� Date f/ !/ Mike Shane,Water&Irrigation Manager Approved Date 7/18/2024 / /GG.I . Dave Interim City Ma By By 7/19/24 aa,2fla - Date Date 5 Based on Original to: ❑Contractor Copies to: 0 Region 0 Construction Administrator DOT oorn 70-08/20 01 EF ❑OSC Accounting 0 City EngineeringRevi CITY CONTRACT NO. (��� ( � 011 RESOLUTION NO' CHANGE PROPOSAL BACKUP SPREADSHEET PROJECT' AC-2792-24032C-YK-South 2nd Ave Water Main Replacement 11 51 AM CHANGE DESCRIPTION.Includes excavation,provide and place pipe bedding,67 LF of 24"steel casing and 17 LF of 2"GI piping for sleeving vents,required fittings,cathodic protection;baekfill and compaction 7/15/2024 TRI-VALLEY CONSTRUCTION,INC. UNIT PRICES EXTENSIONS TOTAL DESCRIPTION DATE OTY UNITS LABOR EQUIP/MAIL _SUB LABOR EQUIP/MAIL SUB COSTS 0 0 a 0 scrape r __.. Hours 79.31 165 00 0 0 0 0 graderHours 80 02 140 00 0 0 0 0 skidsteer Hours 75 26 125.00 0 0 0 0 315 excavator 10 Hours 78 71 150 00 787 1,500 0 2,287 305 excavator 6 Hours 78 71 125 00 472 750 0 1,222 compactor Hours 75 26 125.00 0 0 0 0 906 loader 4 Hours 79 31 130.00 317 520 0 837 labor 36 Hours 4772 1,718 0 0 1,718 working foreman 8 Hours 100 00 800 0 0 800 dump truck 6 Hours 59 15 140.00 355 B40 0 1,195 pipe bedding 15 Ton T 10 50 0 158 0 158 0 0 0 0 materials 1 Ls - 24580.83 0 24,581 0 24.581 materials(credit) 1 Ls -919 58 0 -920 0 -920 saw cutting 1 Ls 250.00 0 0 250 250 Bear testing 1 Ls 570 00 0 0 570 570 concrete 1 Ls 200 00 0 200 0 200 0 0 0 0 SUBTOTALS $4,449 $27,629 $820 $32,898 NOTES I AROR BURDEN(FUTA,SUTA,FICA,L&1)Q 35 00% $1.557 Asphalt cutting of 121 LF(Listed above).Additional asphalt to demo(line item) Asphalt Patch TOTAL OF LABOR 6 BURDEN(FRINGE) $6,007 back of 326 SF(line item) Material credit for(1)12"45 degree fitting and(2)grip ring kits This TOTAL OF EQUIPMENTIMATERIALS $27,629 pricing is assuming Central Railroad is going to remove their tracks above out trnech so we can do TOTAL OF SUBCONTRACTOR'S WORK $820 our work and they will put back the backs however they see fit Our pricing does not reflect any SPECIFIED LABOR OH/PROFIT @ 12% $721 work on the railroad tracks themselves SPECIFIED EQUIP/MATERIAL OH/PROFIT§ 12% $3,315 SPECIFIED SUBCONTRACTED WORK @ 8% $66 SUB TOTAL $38,557 !TOTAL $38,557 CORE&MAIN Bid Proposal for 2nd Ave Change Order Rev.2 TRI-VALLEY CONSTRUCTION,INC. Core&Main Job Location:Yakima,WA 645 Lockheed St Bid Date:07/12/2024 Pasco,WA 99301 Core&Main 3633006 Phone:5095472410 Fax:5095472367 Seq# Qty Part Number Description Units Price Ext Price 20 RAILROAD CROSSING 40 4 19ATSS12 12 SURE STOP LOCKING GASKET EA 166.06 664.24 50 4 21T122M 12 MJ 22-1/2 C153 USA EA 524.20 2,096.80 60 8 21AMF812RGAP RM 12RGAP 121N ROMAGRIP DI EA 197.69 1,581 52 70 80 NS 24X.500 STEEL CASING PIPE USA LF 179.15 14,332.00 80 2 26020TOL 2"THREAD-O-LET EA 25.85 51.70 90 2 3120N060 2X6 GALV STL NIPPLE EA 9.06 18 12 100 2 31209 2 GALV MI 90 EA 47.16 94.32 110 2 3120N720 2X72 GALV STL NIPPLE EA 97.02 194.04 120 1 3120S 2 GALV MI CPLG EA 9.79 9.79 130 1 3120N600 2X60 GALV STL NIPPLE EA 79.63 79.63 140 1 3120C 2 GALV MI CAP EA 6.20 6.20 150 1 312ONCL 2XCL GALV STL NIPPLE EA 6.95 6.95 160 1 3130R20 3X2 GALV MI RED EA 37.33 37.33 170 1 31309E 3 GALV MI ST 90 EA 65.07 65.07 180 1 31309 3 GALV MI 90 EA 49.98 49.98 190 1 3030SBH 3" BR BEEHIVE STRAINER EA 179.29 179 29 200 1 750FCOM1007CLRC OW M1007 CI R&C C/O SET IMP EA 73.44 73.44 210 2 25ES2412 24X12 CASING END SEAL EA 133.58 267.16 220 14 25CS2412 24X12 CASING SPACER EA 77.15 1,080 10 230 8 NS ULTRAMAG ANODE 17D3-R EA 164.29 1,314.32 240 8 NS CADWELD SLEEVES CAB-133-1H EA 4.41 35.28 250 1 NS CADWELDER CAHAA-1G EA 171.88 171.88 260 20 NS CADWELD WELD METAL CA15 EA 8.77 175 40 270 8 NS ROYSTON HANDY CAP IP EA 11.43 91.44 280 1 NS CADWELD FLINT IGNITOR EA 27.58 27.58 290 1 NS CADWELD 6136A MOLD CLEANER EA 15.74 15.74 300 1 NS CADWELD T394 MOLD BRUSH EA 22.35 22.35 SUBTOTAL 22,741.67 Sub Total 22,741.67 Tax 0.00 Total 22,741.67 UNLESS OTHERWISE SPECIFIED HEREIN,PRICES QUOTED ARE VALID IF ACCEPTED BY CUSTOMER AND PRODUCTS ARE RELEASED BY CUSTOMER FOR MANUFACTURE WITHIN THIRTY(30)CALENDAR DAYS FROM THE DATE OF THIS QUOTATION.CORE&MAIN LP RESERVES THE RIGHT TO INCREASE PRICES TO ADDRESS FACTORS,INCLUDING BUT NOT LIMITED TO,GOVERNMENT REGULATIONS, TARIFFS,TRANSPORTATION,FUEL AND RAW MATERIAL COSTS. DELIVERY WILL COMMENCE BASED UPON MANUFACTURER LEAD TIMES.ANY MATERIAL DELIVERIES DELAYED BEYOND MANUFACTURER LEAD TIMES MAY BE SUBJECT TO PRICE INCREASES AND/OR APPLICABLE STORAGE FEES.THIS BID PROPOSAL IS CONTINGENT UPON BUYER'S ACCEPTANCE OF SELLER'S TERMS AND CONDITIONS OF SALE,AS MODIFIED FROM TIME TO TIME,WHICH CAN BE FOUND AT:https://coreandmain.com/TandC/ 07/11/2024- 11:17 AM Actual taxes may vai Page 2 of 2 AU): /Z " "VfX 'll' 2, -..1 .S '. -. . /0w184,0 i Z�� Gt P f? 6 L - i 9 7. Of c1 7''o 76 # /931 16 e:(509)469-3068 :(509)469-3070II 1106 Ledwich Ave. ®:www.baertesting.com Baer Testing Yakima,WA 98902 & Engineering, Inc. Project Name: 2nd Ave Change Order Work Date: 7/15/2024 Bid Date: 7/15/2024 Item: Qty: Unit Rate: Total: Notes: SOIL/AGGREGATE TESTING AND INSPECTION: T99-T180/D698-D1557 Moisture Density Determination (Proctor),each $ 200.00 $ - T27/C136 Sieve Analysis of Aggregates $ 100.00 $ - Technician to Perform Soil/Aggregate Density Testing,per hour 8 S 65.00 $ 520.00 1 Trip Technician to Sample Soil/Aggregate,per hour $ 65.00 $ - MISCELLANEOUS CHARGES AND COSTS: Equipment Charge,per trip 1 $ 50.00 $ 50.00 Overtime Surcharge-Before 8AM or After 5PM and Excess of 8 Hours,per hour 1.5 X HOURLY RATE Testing Manager,per hour $ 95.00 $ - Chief Engineer(PE),per hour $ 165.00 $ - Administrative/Clerical,per hour $ 50.00 $ - Subcontractred Services, Lump Sum Cost+15% ESTIMATED BUDGET GRAND TOTAL: $ 570.00 Pg.1 THIS INFORMATION IS PROPRIETARY AND CONFIDENTIAL,IT SHALL NOT BE DUPLICATED,REPRODUCED,OR DISTRIBUTED. �`` Revised 2/9/2022 ►��:general@baertesting.com HLA CHANGE ORDER NO. 1 Nisi/ �- DATE 7/15/2024 PROJECT OWNER. City of Yakima PROJECT NAME South Second Avenue Water Main Replacement COY PROJECT NO AC-2792 HLA PROJECT NO. 24032C CONTRACTOR Tn-Valley Construction,Inc. THE FOLLOWING CHANGES ARE HEREBY MADE TO THE CONTRACT DOCUMENT Original Contract Price(Including Applicable Sales Tax) $ 499,880.67 Current Contract Price Adjusted by Previous Change Order(s)Including $ 499,880 67 Applicable Sales Tax Change in Contract Price Due to this Change Order(Including Applicable Sales $ 41,757 23 Tax): Adjusted Contract Price Including this Change Order(Including Applicable Sales $ 541,637.90 Tax) Original Contract Working Days 30 Current Contract Working Days Adjusted by Non-Working Days and/or Previous 30 Change Order(s) Change in Contract Working Days due to this Change Order 4 Revised Contract Working Days 34 ITEM NO DESCRIPTION UNIT QTY UNIT PRICE CHANGE AMOUNT CHANGE ORDER NO.1 28 Change Order 01-Steel Casing LS 1 $ 38,557 00 $ 38,557.00 CHANGE ORDER NO.1 SUBTOTAL. $ 38,557.00 0.083 SALES TAX: $ 3,200.23 CHANGE ORDER NO.1 TOTAL: $ 41,757.23 This change order is being executed to compensate the contractor for additional work which became necessary due to the discovery of the third rail line at the intersection of South 2nd Avenue and Pine Street not being a Yakima Trolley rail line but a Union Pacific line.The water main replacement crossing must adhere to Union Pacific standards and will include additional materials such as a 24"steel casing,casing vents,and cathodic protection - '- ' ,, Change Order Ft ` City of Yakima Change Order Number 02 ~" September 6, 2024 Project: (Name) South 2nd Avenue Water Main Replacement Change Order Date (Number) 24032C Contract Number COY No.AC-2792 To: (Contractor) �- Contract Date June 3, 2024 I- Construction, Inc 1008 N.1 st Street Yakima,WA 98901 L J You are directed to make the following changes in this Contract: CO#2-Additional Working Days The contractor has exceeded contracted working days by either(8) days to gain substantial completion,when working days are no longer assessed.As a result, HLA has provided construction engineering services for these eight(8) days and has exceeded the contract amount.The City has the option to assess liquidated damages to the contractor to cover such additional costs or to grant the contractor additional working days.The City has elected to grant the contractor eight(8) additional working days due to encountering several unanticipated conditions including layouts and depths of existing pipelines at both project termination/connection locations, existing utilities that were not previously recorded, all while the contractor continued to work diligently through challenges. By granting additional working days, a supplement is necessary for additional construction engineering services associated with these days. Not valid until signed by both the Approving Authority and Contractor. Signature of the Contractor indicated agreement herewith,including any adjustment on the Contract Sum or Contract Time. The original Contract Sum was $ 499,880.67 Net change by previous Change Orders $ 500,127.33 The Contract Sum prior to this Change Order $ 541,637.90 The Contract Sum will be: ❑ Increased 0 Decreased NI Unchanged by this Change Order $ 0.00 The New Contract Sum including this Change Order will be $ 541,637.90 The Contract Time will be: B Increased 0 Decreased 0 Unchanged by 8 working days The New Contract Time will be 42 working days Contractor Approval Recommended royal Rec d U_. _ 77�2 � Benjamin A.Armen,PE,Project Engineer S er, u By (!/LfL/Ci !/ Digitally signed by By_ , __ Benjamin A.Annen By Title President Date 2024.09 06 Date 12:02 56-07.00' 9/9/� Date Mike Shane,Water&Irrigation Manager Approved Date 9/6/2024 //ie..Per-� 5/�Cart2 vice B /, of, anag ' / Date 9/8/24 (,pl_ Date Based on Original to: 0 Contractor Copies to: 0 Region 0 Construction Administrator DOT Form 570-001 EF 0 OSC AccountingEngineering 0 City En ineerin CITY CONTRACT NO: Revised OBR021 _ RESOLUTION NO: