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R-2018-116 Sewer Extension Agreement with TTC Construction
A RESOLUTION RESOLUTION NO. R-2018-116 authorizing a contract with TTC Construction Inc , in the amount of $165,181, which provides for the extension of the sanitary sewer main and side sewers along 72nd Avenue between Gregory Place and Borley Way WHEREAS, on October 2, 2001, the City of Yakima entered into a Wastewater System Reimbursement Agreement and Conveyance (Agreement) with John S. Moore, wherein the City agreed to provide sanitary sewer to parcels 181329-34006, 181329-34007 and 181329-34008 at a future time in exchange for him dismissing a lawsuit filed against the City regarding annexation, and WHEREAS, Mr Moore dismissed his lawsuit in 01-2-02094-2 and on October 2, 2002, the agreement was recorded with the Yakima County Auditor; and WHEREAS, on December 16, 2002, Mr. Moore assigned his beneficial interest in the Agreement to Dale and Rhea Murphy, and WHEREAS, Mr Murphy requested that the sanitary sewer be extended to his parcels in February of 2015 and his request was documented as received, and WHEREAS, the City prepared the plans and contract documents for the installation of the sanitary sewer main and side sewers pursuant to the Agreement; and WHEREAS, the City of Yakima used the procedure established by the State of Washington for using the Municipal Research and Service Center Small Works Roster process to select a contractor to perform the work, and WHEREAS, TTC Construction, Inc , submitted the low bid and has the ability to correctly install the sanitary sewer main and side sewers, and WHEREAS, the City's Chief Engineer has recommended awarding the contract to TTC Construction, Inc for installing sanitary sewer main and side sewers as required by the Agreement; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the attached contract with TTC Construction, Inc., in the amount of $165,181 for City Project No 2480, which provides for the extension of the sanitary sewer main and side sewers along 72nd Avenue between Gregory Place and Borley Way ADOPTED BY THE CITY COUNCIL this 2nd day of October, 2018 CONTRACT THIS AGREEMENT, made and entered into in triplicate, this Oday of ®- , 2018, by and between the City of Yakima, hereinafter called the Owner, and TTC Construction, 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 1 The Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID AMOUNT OF $165,180.50 for Gregory Place & S. 72nd Avenue Sewer Extension, City Project No. 2480, all in accordance with, and as described in the attached plans and specifications and the 2018 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 Fifteen (15) 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 1 lth 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 11 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 YAKIMA rc this day of CCf2018. Attest: CONTRACTOR —17C„, k ik Contractor By' City Clerk 'tit4 Its Corporation (Print Name) y; �.>� '\S)._& Q .1..+ ;: 1 ' x ',, =� (President, Owner, etc.) ) ` ,,1 ..at1'dress: \- \ .NNi..uUQ._-) cza( VAAV\IN,tn 1 ;JR q WOS CITY CONTRACT NO. L RESOLUTION NO Gregory Place & S. 72"d Avenue Sewer Extension CITY OF YAKIMA JOB NO. 2480 INVITATION TO QUOTE Contractor T:T .c. Phone. (So ) (-Ls 7 - 3ctL'l Address: t 19 7/ S(Aj4i t. Iii f-x(A i) S'qt) PROJECT SCOPE CITY OF YAKIMA ENGINEERING DIVISION 129 NO. 2ND STREET YAKIMA, WASHINGTON 98901 PHONE 575-6111 Quotations will be received by the Yakima City Clerk until. 2.00 pm, September 13th, 2018 This contract provides for the construction of 440 linear feet of 8" PVC sewer pipe and 2 manholes from an existing sewer manhole on Gregory place, as well as construction of 6 new side sewer stubs, 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. INSTRUCTIONS TO THE CONTRACTOR Please return your lowest price for the following project by 2:00 p.m., September 13, 2018 to the Yakima City Clerk's Office, 151 floor of City Hall. If you have any questions call Randy Tabert at (509) 576-6579. 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. 30107 '1QIsetrysw-ii®1/ $-21,-12j 1 PERFORMANCE BOND BOND TO CITY OF YAKIMA Bond No. BD756992 KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Yakima, Washington has awarded to T.T.C. Construction, Inc, (Contractor) hereinafter designated as the "Principal" a contract for the construction of the project designated Gregory Place & S. 72nd Avenue Sewer Extension, City Project No. 2480, 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 Nationwide Mutual Insurance Company (Surety), a corporation, organized and existing under and by virtue of the laws of the State of Ohio , 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 penal sum of $ 165,180.50 (Total Contract Amount) lawful money of the United States, the payment of which we jointly and severally bind ourselves, our heirs, executors, administrators and assigns, and successors and assigns, firmly by these presents. THE CONDITIONS OF THIS BOND 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 materialmen; the claims of any person or persons arising under the contract to the extent such claims are provided for in RCW 39.08.010; the state with respect to taxes imposed pursuant to Titles 50, 51 and 82 RCW which may be due; 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 appearing or developing in the material or workmanship provided or performed under said contract after its acceptance thereof by the City of Yakima, Washington, and all claims filed in compliance with Chapter 39.08 RCW are resolved and all taxes pursuant to Titles 50 and 51 and 82 RCW have been paid, 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 1st day of October , 2018. Approved as lo form: TTC Construction, Inc. By: (Signature) \ , (Print Name) Nationwide Mutual Insurance Company B (Sig,atu nl . Hallett (Print Name) Attorney -in -Fact (Title) Nationwide® KNOW ALL MEN BY THESE PRESENTS THAT Power of Attorney Nationwide Mutual Insurance Company, an Ohio corporation AMCO Insurance Company, an Iowa corporation National Casualty Company, an Ohio corporation Allied Property and Casualty Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint: ERIN L. REPP CHRIS LARSON WILLIAM G DINNEEN DIANA R. WILLIAMS H KEITH MCNALLY VIRGINIA L. WEBER P M HALLETT each in their individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00) and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attomeys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require, and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attomey is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company In addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company IN WITNESS WHEREOF, the Company has caused this instrument to be sealed nd duly attested by the signature of its officer the 16th day of February ,.2017 ���� /J, %SEAL P *11 ik into?" ar�ptvodq • ftiM r SEAL, isvikvibb "moo.• Loonirl /'.SEAL` Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company, National Casualty Company, AMCO Insurance Company, Allied Property and Casualty Insurance Company ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF NEW YORK. ss On this 16th day of February , 2017 , before me came the above-named officer for the Company aforesaid, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed hereto is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrumenty the authority and direction of said Company BARRY T BASSIS Notary Public, State of New York No. 02BA4656400 Qualified in New York County Commission Expires April 30, 2019 Notary Public My Commission Expires CERTIFICATE April 30, 2019 I, Parag H. Shah, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of sairi board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporalaid Company this 1St day of October , 2018 . This power of attorney expires: April 30, 2019 BDJ 1(01-17)00 46-47012 Assistant Secretary �^1 ACORO' TTCCONS-01 CERTIFICATE OF LIABILITY INSURANCE ASTEWARD DATE (MM/DD/YYYY) 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(les) 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 Yakima Office PayneWest insurance, Ina 1430 N. 16th Ave., Building H Yakima, WA 98902 hurl' Alison Freisz-Steward PHONE I FAX (arc, No, Ext): (Arc, No): 148. asteward o�,Dpaynewest.com NAIL # INSURER(S) AFFORDING COVERAGE INSURER A: Ohio Security Insurance Company 24082 INSURED TTC Construction, Inc 12871 Summltview Road Yakima, WA 98908 INSURER B: Ohio Casualty Insurance 24074 INSURER C . INSURER D: INSURER E : INSURER F : COVE • • 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 POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUER WVD POLICY NUMBER POLICY EFF IMMIDWYYYYI POLICY EXP IMMIDD/YYYYL LIMITS A X COMMERCIAL GENERAL LIABILITY EACHqA CLAIMS-MADE 1 X OCCUR X X BKS(18) 55672103 10/18/2017 10/18/2018 �OCCURRENCE DAM PPREMISES(EaE ft0101 t---$1,000,000 $ 1,000,000 MED EXP (Any one 15,000 person) PERSONAL BADV INJURY .$ $ 1,000,000 GEN'L AGGRE TE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY II JECT r1 LOC PRODUCTS - COMP/OP AGCY $ 2,000,000 OTHER: WA STOP GAP 1,000,000 A AUTOMOBILE LIABILITY CEOMBac ED SINGLE LIMIT ccident)X $ 1,000,000 ANY AUTO — x x BAS(18)56965189 10/18/2017 10/18/2018 BODILY INJURY (Per person) $ OWNED AUTOS ONLY ___ SCHEDULED AUTOS BODILY BODILY INJURY (Per accident), �$ AIM ONLY ,_ AUTNOS ONL¥ J. e08E�R IDAMAGE $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS -MADE USO(18)55672103 10/18/2017 10/18/2018 AGCaREGATE 2,000,000 DED X RETENTION $ 10,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PER STATUTE OTH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE Q�FICcER/M MBEREXCLUDED? N/A BKS(18) 55672103 10/18/2017 10/18/2018 EACH ACCIDENT 1,000,000 $ iE.L. (Mandato y n NH) I I If describe E. L, DISEASE - EA EMPLOYEE 1,000,000 $ yes, under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is requi ed) Job: Rerouted Sewer Line The city of Yakima/Yakima County, Its agents, employees, authorized volunteers; elected officials are Included as Primary/Non contributory additional insured. ERTIFICATE HOLDER CANCELLATIO N City of Yakima 129 North 2nd Street Yakima, WA 98901 ACORD 25 (2016/03) 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 © 1988-2015 ACORD CORPORATION. All rights reserved. Th. A( -non ...d I,.nn n.., ..,..:ern., ,I ....rL...i Ar`non POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 20 12 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: Information required to complete this Schedule, if not shown A. Section II - Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or politi- cal subdivision shown in the Schedule, sub- ject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or gov- ernmental agency or subdivision or po- litical subdivision has issued a permit or authorization However. a. The insurance afforded to such addi- tional insured only applies to the ex- tent permitted by law; and b. If coverage provided to the addition- al insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are re- quired by the contract or agreement to provide for such additional in- sured CG 20 12 04 13 B. above, will be shown in the Declarations. 2. This insurance does not apply to. a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property dam- age" included within the "products - completed operations hazard". With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance. 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is Tess This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Dec- larations @ Insurance Services Office, Inc., 2012 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY - ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU CG 88 10 04 13 7 7 7 8 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured, 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to (2) A watercraft you do not own that is. (a) Less than 52 feet long, and (b) Not being used to carry persons or property for a charge C. PROPERTY DAMAGE LIABILITY - ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators For the purpose of this provision, elevators do not include vehicle lifts Vehicle lifts are lifts or hoists used in automobile service or repair operations 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to 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. CG 88 10 04 13 © 2013 Liberty Mutual Insurance Includes convriahted material of Insurance Serviras ("Wine Inc. with its nermissinn Panel 9nfR b. The last paragraph of subsection 2. Exclusions is replaced by the following Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to a. Any one premise (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems, or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract" E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following. b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but 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 the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or CG 88 10 04 13 © 2013 Liberty Mutual Insurance Includes coovriahted material of Insurance Services Office Inc. with its permission Pane 3 of 8 b. Premises or facilities rented by you or used by you, or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization, or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision, (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards. (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators, or (c) The ownership, maintenance, or use of any elevators covered by this insurance However 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage" We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. CG 88 10 04 13 ® 2013 Liberty Mutual Insurance Includes coovriahted material of Insurance Services Office Inc. with its permission. Pane 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to' a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing 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 "occur- rence" 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. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover CG 88 10 04 13 © 2013 Liberty Mutual Insurance Includes convriahted material nf Insurance Services Office Inr.with its nermissinn Pane 5 nf R b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us, b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following. (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business, (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above, (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above, or (d) Arising out of his or her providing or failing to provide professional health care services However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and CG 88 10 04 13 © 2013 Liberty Mutual Insurance Includes convriahted material of Insurance Services Office Inc. with its permission Paae 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available ,to your "employee" K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured is replaced by the following. 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you, b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization, and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee" N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. CG 88 10 04 13 © 2013 Liberty Mutual Insurance Includes convriahted material of Insurance Services Office Inc. with its nermission. Pane 7 of 8 AAIS CL 0103 03 10 Page 1 of 3 COMMON POLICY CONDITIONS WASHINGTON 1. Assignment -- This policy is void if it is as- signed without "our" written consent. 2. Cancellation or Nonrenewal a. "You" may cancel this policy by returning the policy to "us" or by giving "us" no- tice requesting cancellation. If notice is not in writing, "we" may request written confirmation. "Your" notice must state at what date coverage is to stop. "We" will cancel the policy on the later of the date notice is received or the date "you" re- quest cancellation. "Our" request for "your" written confirmation will not de- lay the requested effective date. b. "We" may cancel or not renew this poli- cy, or one or more of its parts, by delivering or mailing written notice of cancellation or nonrenewal to "you" at "your" last mailing address known to "us", and to "your" agent or broker of record. If notice is mailed, proof of mail- ing will be sufficient proof of notice. The notice will include the reasons for can- cellation or nonrenewal and will state the time that the cancellation is to take effect. c. Except as provided in d. below, if "we" cancel this policy for 1) nonpayment of premium, "we" will give notice at least ten days before the cancellation is effective. 2) any other reason, "we" will give no- tice at least 45 days before the can- cellation is effective Except as provided in d. below, "we" will also deliver or mail like notice of cancella- tion to each mortgagee, pledgee, or other person shown by the policy to have an interest in any loss, d. This section applies to policies providing coverage for fire damage to a structure except it does not apply to an Inland Ma- rine policy. If "we" cancel this policy because two or more of the following conditions exist at any structure that is covered under this policy, "we" will give "you" notice at least five days before cancellation is ef- fective 1) Without reasonable explanation, the building is unoccupied for more than 60 consecutive days, or at least 65% of the rental units are unoccupied for more than 120 consecutive days un- less the structure is maintained for seasonal occupancy or is under con- struction or repair; 2) without reasonable explanation, progress toward completion of per- manent repairs to the structure has not occurred within 60 days after re- ceipt of funds following satisfactory adjustment or adjudication of loss re- sulting from a fire; 3) because of its physical condition, the building is in danger of collapse, 4) because of its physical condition, a vacation or demolition order has been issued for the building, or it has been declared unsafe in accordance with applicable law; 5) fixed and salvageable items have been removed from the building, in- dicating an intent to vacate the build- ing; 6) without reasonable explanation, heat, water, sewer, and electricity are not furnished for the building for 60 consecutive days, or 7) the structure is not maintained in substantial compliance with fire, safety and building codes. CL 0103 03 10 Copyright, American Association of Insurance Services, Inc., 2010 AAIS CL 0103 03 10 Page 2 of 3 The notice to "you" will be delivered or mailed by certified mail, return receipt re- quested, and by first class mail. A copy of the notice will also be mailed to the insur- ance commissioner. Coverage will re- main in force solely for the benefit of each mortgagee, pledgee, or other per- son shown by the policy to have an inter- est in any covered loss until 20 days after "we" notify such mortgagee, pledgee, or other person of cancellation. e. If "we" decide not to renew this policy, "we" will give notice at least 45 days be- fore the policy expiration or anniversary date. However, a nonrenewal notice is not required if: 1) "you" have procured equivalent cov- erage prior to the expiration of the policy period; or 2) at least 20 days prior to the expira- tion of the policy period: a) "we" have expressed to "you" in writing, either directly or through "our" agent, "our" willingness to renew the policy; b) "we" have included with "our" written offer of renewal a state- ment of the amount of the pre- mium, or portion thereof, which "you" are required to pay in or- der to renew the policy; and c) "you" have failed to pay that re- quired premium when due In the event of 1) or 2) above, the policy will terminate on its expiration date with- out further notice. f. If "you" cancel this policy, "we" will re- fund "your" return premium, if any, as soon as possible after receiving "your" policy or "your" written notice of cancel- lation. If "we" cancel this policy, "your" return premium, if any, will be refunded 1) no more than 30 days after the date of "our" notice of cancellation to "you" if "we" cancel for two or more of the conditions described in d.1) through d.7); and 2) as soon as possible if "we" cancel for any other reason. Any return premium will be computed on a pro rata basis. Payment or tender of the' unearned premium is not a condition of cancellation. 3. Change, Modification, or Waiver of Policy Terms - - A change or waiver of "terms" of this policy must be issued by "us" in writing to be valid 4. Inspections - a. We have the right, but are not obligat- ed, to inspect "your" property and oper- ations. This inspection may be made by "us" or may be made on "our" behalf b. An inspection or its resulting advice or re- port does not warrant that "your" prop- erty or operations are safe, healthful, or in compliance with laws, rules, or regula- tions. Inspections or reports are for "our" benefit only. However, this does not apply to an in- spection, or its resulting advice or report, that "we" make relating to the certifica- tion, under state or local statutes, ordi- nances, or regulations, of boilers, pres- sure vessels, or elevators. 5. Examination of Books and Records - "We" may examine and audit "your" books and , records that relate to this policy during the policy period and within three years after the policy has expired. CL 0103 03 10 Copyright, American Association of Insurance Services, Inc., 2010 AAIS CL 0103 03 10 Page 3 of 3 6. Renewal -- If "we" decide to renew this poli- cy, "we" will give "you" and "your" agent on the account or broker of record written notice of "our" intent to renew and any changes in rates or contract provisions at least 20 days before the policy expiration or anniversary date. The renewal notice is not necessary if "you" have procured equivalent coverage pri- or to the expiration of the policy period. CL 0103 03 10 Copyright, American Association of Insurance Services, Inc., 2010 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1 Item No. 6.E. For Meeting of: October 2, 2018 ITEM TITLE: Resolution authorizing a contract with TTC Construction, Inc., in the amount of $165,181, which provides for the extension of sanitary sewer along 72nd Avenue between Gregory Place and Borley Lane SUBMITTED BY: Scott Schafer, Director of Public Works Brett Sheffield, Chief Engineer -576-6797 SUMMARY EXPLANATION: John S. Moore, a developer, originally filed suit against the Washington State Boundary Review Board et al over annexation issues within the subject area. One of the 'et al' was the City of Yakima (City). The City entered into a Wastewater System Reimbursement Agreement and Conveyance (Agreement) dated October 3, 2001 with the developer wherein the City would pay for labor and material expenses to extend sewer service to parcels 181329-34006, 181329- 34007 and 181329-34008 at a future time for the developer to dismiss the lawsuit with the City. Mr. Moore dismissed his lawsuit and on October 2, 2002 the agreement was recorded with the Yakima County Auditor. As part of the Agreement, the City also obtained the latecomer reimbursement rights to future connections to the line once installed. On December 16, 2002, John S. Moore assigned the beneficial interest in the Agreement to Dale and Rhea Murphy. Mr. Murphy has requested that the City extend the sanitary sewer system to his parcels per the Agreement. City staff used the Municipal Research and Services Center Small Works Roster to obtain a list of contractors. An Invitation to Bid was sent to the following five contractors: Columbia Asphalt and Gravel; Granite Construction Company; Ken Leingang Excavating, Inc.; Tri -Valley Construction, Inc.; and, TTC Construction, Inc. Two contractors submitted bids, with TTC Construction, Inc. submitting the lowest bid of $165,181. See attached Contract. City Project No. 2480 will provide for the extension of the sanitary sewer main along 72nd Avenue between Gregory Place and Borley Lane and will include six side -sewers to be able to service other parcels in the immediate area. Funding for this project will be from the Waste Water Capital Fund 476. 2 ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Approve Resolution BOARD/COMMITTEE RECOMMENDATION: The City's requirement to complete this sewer extension was discussed with City Council as part of the 2018 Budget Presentation on October 19, 2017. ATTACHMENTS: Description O resolution o tract Upload Date 9/26/2018 9/17/2018 Type Cover Memo Co\,er Memo January 7, 2019 DEPARTME OP UTILITES AND ENG ERING Brett Sheffield - Chief Engineer Engineering Division 129 North Second Street Yakima, Washington 98901 (509) 575-6111 • F, (509) 576-63 TTC Construction 12871 Summitview Road Yakima, WA. 98908 Attn: Mr. AJ Heckart Re: Gregory Place and 72nd Avenue Sewer Extension City of Yakima Project No. 2480 Notice of Physical Completion Dear Mr. Heckart: Please be advised that work on the above referenced physically complete on November 20, 2018. Thank you for the service your company provided for the forward to working with you again. project was considered City of Yakima, we 'look Should you have any questions, please contact me at 575-6138. cc Susie Cutter, Contract Specialist file