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HomeMy WebLinkAboutKnobel's Electric, Inc. - Agreement Quote #22043SAGREEMENT CITY OF YAKIMA Quote 22043S Signal Pole Replacement THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City"), and Knobel's Electric, Inc., ("Contractor"). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1. Scope of Work The Contractor shall perform all work and service(s) and fumish all tools, materials, labor and equipment (collectively referred to as "Services") according to the procedure outlined in the specifications of Quote #22024 Signal Pole Replacement and the quote documents, which are all attached and incorporated herein as Exhibit A, and any applicable construction standard(s), which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. Work is to be complete within 40 Work Days. Final work schedule shall be coordinated with Project Coordinator Dan Nickoloff, Senior Traffic Systems Technician, (509) 576-6746 or (509) 728-5818. The Contractor shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the transfer of materials and completing the work provided for in this Contract and every part thereof, except such as are mentioned in the specifications to be fumished by the City of Yakima. 2. Compensation The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit includes the specifications and payment schedule of itemized prices as listed in the Contractor's Quote submittal at the time and in the manner and upon the conditions provided for the Contract. 3. Change Orders Any proposed change in this Contract shall be submitted to the other party, as listed herein, for its prior written approval. If approved, change will be made by a contract modification that will become effective upon execution by the parties hereto. Any oral statement or representation changing any of these terms or conditions is specifically unauthorized and is not valid. Contractor may be required to provide a detailed cost estimate for the proposed change. 4. Agency Relationship between City and Contractor Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City. 5. Successors and Assigns a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from this Contract without the prior written consent of the other. b. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 6. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information conceming the City and said project which is not otherwise a matter of C:ity of Yakima [-,-,grc-nen (..)uutc ;,'age ; of 8 public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. 7. Inspection and Production of Records a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request. b. Contractor shall promptly furnish the City with such information and records which are related to the Services of this Contract as may be requested by the City. Until the expiration of six (6) years after final payment of the compensation payable under this Contract, or for a longer period if required by law or by the Washington Secretary of State's record retention schedule, Contractor shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all of Contractor's books, documents, papers and records which are related to the Services performed by Contractor under this Contract. c. All records relating to Contractor's services under this Contract must be made available to the City, and the records relating to the Services are City of Yakima records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. d. The terms of this section shall survive any expiration or termination of this Contract. 8. Work Made for Hire All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property of the City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any other materials the Contractor produces in connection with this Contract. On completion or termination of the Contract, the Contractor shall deliver these materials to the City. 9. Guarantee Contractor warrants the Services will be free from defects in material and workmanship for a period of one year following the date of completion and acceptance of the Services. 10. Compliance with Law To the extent applicable, all equipment or materials shall comply with Washington State vehicle regulations, Federal regulations, OSHA and WISHA requirements, to include EPA standards and City safety codes. Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any govemmental agency or regulatory body, whether federal, state, local, or otherwise. Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state, and local government or govemmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work. a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License and pay all charges, fees, and taxes associated with said license. b. Contractor must provide proof of a valid Washington State Contractor Registration number. c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.101 or 36.12.065(3). e. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. 11. Prevailing Wages The Contractor will comply with all provisions of Chapter 39.12 RCW - Prevailing Wages on Public Work. a. RCW 39.12.010 - the Prevailing Rate of Wage. It is solely the responsibility of the Contractor to determine the appropriate prevailing wage rate for the services being provided. b. RCW 39.12.040 - Statement of Intent to Pay Prevailing Wages and an Affidavit of Wages Paid. Before an awarding agency may pay any sum due on account, it must receive a statement of Intent to Pay Prevailing Wages approved by the Department of Labor and Industries. Following final acceptance of a public work project, and before any final money is disbursed, each Contractor and Subcontractor must submit to the awarding agency an Affidavit of Wages Paid, certified by the Department of Labor and Industries. c. RCW 39.12.070 - Fees Authorized for Approval Certification and Arbitrations. Any fees charged by the Department of Labor and Industries for approvals or fees to cover costs of arbitration conducted shall be the responsibility of the Contractor. The State of Washington prevailing wage rates applicable for this public works project, which is located in Yakima County, may be found at the following website address of the Department of Labor and Industries: tt s:l/fortress.wa, ov/lnlwa elooku l rvWa etooku .as x, Based on the quote submittal for this project, the applicable effective (start) date of this project for the purposes of determining prevailing wages is the quote date, August 25, 2020. A copy of the applicable prevailing wage rates are also available for viewing at the City of Yakima Purchasing office, located at 129 N 2nd Street, Yakima, WA 98901. Upon request, the City will mail a hardcopy of the applicable prevailing wages for this project. 12. Certified Payroll for Non -Federally Funded Projects Upon request by the City or by an Interested Party, copies of certified payroll shall be provided to City, with employee information such as last name, SSN and address, redacted in accordance with RCW 42.56.230, in order to provide for public records requests. The City reserves the right to require Contractor to deliver to City a copy of the non -redacted Certified Payroll if City determines, in its sole discretion, that, such non -redacted copy is necessary or appropriate in order to enable City to comply with any applicable law. RCW 42.56.230 (7)(a) Personal Information Exemption: Any record used to prove identity, age, residential address, social security number, or other personal information required to apply for a driver's license or identicard. RCW 39.12.010 (4): An "Interested Party" for the purposes of this chapter shall include a Contractor, Subcontractor, an employee of a Contractor or Subcontractor, an organization whose members' wages, benefits, and conditions of employment are affected by this chapter, and the director of labor and industries or the director's designee. WAC 296-127-320 Payroll: (1) Each Contractor shall keep accurate payroll records for three years from the date of acceptance of the public works project by the contract awarding agency, showing the name, address, Social Security number, trade or occupation, straight time rate, hourly rate of usual benefits as defined by WAC (1), and overtime hours worked each day and week, including any employee authorizations executed pursuant to WAC ' and the actual rate of wages paid, for each laborer, worker, and mechanic employed by the Contractor for work performed on a public works project. (2) A Contractor shall, within ten days after it receives a written request, from the department or from any interested party as defined by RCW I r ,(4), file a certified copy of the payroll records with the agency that awarded the public works contract and with the department. (3) A Contractor's noncompliance with this section shall constitute a violation of RCW 39,12,06'0. 13. Nondiscrimination During the performance of this Contract, the Contractor agrees as follows: The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12101 et seq.). This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this Agreement. In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for any future City contracts. 14. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. Contractor agrees to defend, indemnify and hold harmless the City, its elected and appointed officials, officers, employees, attorneys, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable costs and attorney fees) which result or arise out of the sole negligent acts or omissions of Contractor, its officials, officers, employees or agents. b. If any suit, judgment, action, claim or demand arises out of, or occurs in conjunction with, the negligent acts and/or omissions of both the Contractor and the City, or their elected or appointed officials, officers, employees, agents, attorneys or volunteers, pursuant to this Contract, each party shall be liable for its proportionate share of negligence for any resulting suit, judgment, action, claim, demand, damages or costs and expenses, including reasonable attorneys' fees. c. Contractor's Waiver of Employer's Immunity under Title 51 RCW. If any design or engineering work is done pursuant to this Contract, Contractor intends that its indemnification, defense, and hold harmless obligations set forth above in Section (a) shall operate with full effect regardless of any provision to the contrary in Title 51 RCW, Washington's Industrial Insurance Act. Accordingly, to the extent necessary to fully satisfy the Contractor's indemnification, defense, and hold harmless obligations set forth above in section A, Contractor specifically waives any immunity granted under Title 51 RCW, and specifically assumes all potential liability for actions brought by employees of the Contractor against the City and its elected and appointed officials, officers, employees, attorneys, agents, and volunteers. The parties have mutually negotiated this waiver. Contractor shall similarly 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, shall 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 provisions of this section shall survive the expiration or termination of this Agreement. 4 cH d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. e. The terms of this section shall survive any expiration or terrnination of this Contract. 15. Contractor's Liability Insurance At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. Contractor shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured endorsement attached to the policy will be included with the certificate. This Certificate of insurance shall be provided to the City, prior to commencement of work. The following insurance is required: a. Commercial Liability Insurance. Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence, combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. b. Automobile Liability Insurance. Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and Non -Owned coverage if necessary. c. Employer's Liability (Stop Gap): (..g,ItV Of trA)1,t1Ma Agieernent -- 0uote 21043S Page 5 018 Contractor and all Subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall maintain Employer's Liability insurance with a limit of no Tess than $1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent acts of all Subcontractor(s). Contractor is responsible to ensure Subcontractor(s) have insurance as needed. Failure of Subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or responsibility. Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any insurance, or self-insurance maintained by the City shall be in excess of the Contractor's insurance and shall not contribute to it. If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the Contract. Should a court of competent jurisdiction determine that this Contract 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 Contractor and the City, its officers, elected and appointed officials, employees, agents, attorneys and volunteers, Contractor's liability hereunder shall be limited to the extent of the Contractor's negligence. 16. Severability If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Contract are declared severable. 17. Contract Documents This Contract, the Invitation to Quote #22043S, Scope of Work, conditions, addenda, and modifications and Contractor's proposal (to the extent consistent with Yakima City documents) constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated by reference into this Contract. 18. Termination - Convenience This Contract may be terminated by either party by giving thirty (30) days written notice of such intent and will become effective thirty (30) days from the date such written notice is delivered to the applicable party to the Contract. 19. Termination - Cause The City reserves the right to terminate this Contract at any time, upon written notice, in the event that the Services of Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions contained in this Contract. The effective date for such termination shall be upon receipt of the notice, or three days after the notice is mailed first class mail, certified with return receipt requested. 20. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the reason for delay. 21. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 22. Venue The venue for any action to enforce or interpret this Contract shall lie in a competent jurisdiction in Yakima County, Washington. 23. Authority The person executing this Contract, on behalf of Contractor, represents and warrants that he/she has been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract. 24. Notice Any notice required or permitted to be given under this Contract shall be in writing and deemed effective if either delivered in person or by ovemight courier, facsimile or first class mail, certified with retum receipt requested. Notices to the parties shall be delivered,to: TO CITY: City of Yakima Purchasing Attn: Susan Knotts, Buyer II City Hall —Second Floor 129 North Second Street Yakima, WA 98901 TO CONTRACTOR: Knobel's Electric, Inc. 801 Tennant Ln. Yakima, WA. 98901 25. Survival The foregoing sections of this Contract, 1-24 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written. CI YAKIMA Robert Harrison, City Manager Attest: City Clerk CITY CONTRACT NO: Aft RESOLUTION NO: KNOB RIC INC By: Date: (Print name) Cob doe. City of Yakima Agreement — Quote 22043S Page 7 of 8 City (Di' Yak hi@ .Agreement Qucte 22043S Page 6 of EX T SPECIFICATIONS CITY OF YAKIMA LIMITED PUBLIC WORKS INVITATION TO QUOTE # 22043S FOR NON -FEDERALLY FUNDED WORK BETWEEN $10,000-35,000 PROJECT NAME: Signal Pole Replacement LOCATION: 56th and Summitview ISSUE DATE: August 25, 2020 CITY PROJECT COORDINATOR: Dan Nickoloff, Senior Traffic Systems Technician (509) 576-6746 or (509) 728-5818 RETURN QUOTES TO: Susan.Knotts@YakimaWA.Gov DUE DATE/TIME: September 21, 2020 @ 2:00 PM Small Works Roster Project , Contractor must be signed up with WWW.MRSCROSTERS.ORG in order to respond to this Invitation to Quote. Prevailing Wage This project is considered Public Work and shall be completed in accordance with 39.04 RCW. This is a Prevailing Wage protect. Intent to Pay Prevailing Wages, and Affidavit of Prevailing Wages paid must be filed by both the General Contractor and any Subcontractors working on the project, at Contractor's expense, and posted as approved by Labor and Industries (L&I) prior to payment. See attached contract for further details. Certificate of Insurance Please contact your insurance company and have them send us a Certificate of Insurance naming the "City of Yakima, its Agents, Employees and Elected or Appointed Officials as Additional Insured" per the attached sample, with the same limits of coverage. The Certificate needs to be addressed as shown and include an attached Additional Insured Endorsement or it will be returned to you for correction and you will not be able to start work until it is accepted. Subcontractors must also submit Certificates of Insurance with Additional Insured endorsement. See attached contract for further details. Site Visit Wearing of PPE and social distancing will be mandatory during the site visit. Please see the attached COVID-19 requirements for site visits. The site meeting is not mandatory; however, interested parties are strongly urged to attend. Site visits will be scheduled with the Project Coordinator listed above, on or before September 16, 2020. No site visits will be scheduled after September 16, 2020. To arrange a site visit contact the Project Coordinator. Coordination of Work Contractor will coordinate his/her work with the City of Yakima Project Coordinator listed above as to when work will be accomplished. Work shall be completed as agreed upon in the resulting contract. Work Hours and Schedule Work to be completed M-F, 8:00 a.m. to 5:00 p.m., excluding legal holidays. Contractor will specify working days and hours and work outside of these limits must be preapproved by Project Coordinator. Scope of Work Purchase electrical permit if needed. Install Traffic Signal Shaft Base per WSDOT Standard Plan J-26. 10-03. Extend or replace signal conductor and conduits, video detection cable, pre-emption (opticom) cable, pedestrian push button cable. Set new signal shaft and signal arm, provided by the City of Yakima, with three signal heads. Re -install pedestrian push buttons per ADA distance requirements. Re -install pedestrian signal indications. Demo existing bollard and signal base bolts as not to interfere with pedestrian foot traffic. Restore landscaping after work is done. City of Yakima Limited Public Works — Invitation to Quote 22024 Signal Pole Replacement Page 1 of 18 IUOTE FORM All work is to be done in accordance with the Manufacturer's Instructions, Industry Standards, and Specifications as presented by the City of Yakima. Work shall be performed using the recommended process below, using specified materials and brands or approved and acceptable equal. Recommended Process/Materials Excavate and form rebar, J-bolts with extended conduits in the new base to accommodate new traffic signal shaft. Removal and replacement of at least one sidewalk panel will be required. Materials will include rebar j-bolts and concrete. City of Yakima will provide new signal shaft and signal arm. *Bidder may quote alternate process for City consideration: Yes El or No ❑ Winning Bidder must procure materials and start work within 30 days of Notice of Award. Number of Days to Complete Work: 40 Work days. Comments: Quote is Firm for : 90 Days Guarantee: Minimum of one (1) year on work. Warranty: urt of one 11) year on matei Permit Required: Yes 0 or No ❑ ' Delivery Terms All materials are to be quoted F.O.B. destination. All anticipated shipping costs necessary to meet the delivery schedule must be included in the lump sum total. No additional charges for shipping or handling will be allowed. Lump Sum (Pre -Tax): In signing this Quote we certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a Quote; that this Quote has been independently arrived at without collusion with any other Bidder, competitor or potential competitor; that this Quote has not been knowingly disclosed prior to the opening of Quote to any other Bidder or competitor; that the above statement is accurate under penalty of perjury. We will comply with all terms, conditions and specifications required by the City of Yakima in this Invitation to Quote and all terms of our Quote. Company Name Company Address Name of Authorized Company Representative (Type or Print) Title Signature of Above Email Address WMBE/DBE Vendor Certification Number (if applicable) Phone Number I hereby acknowledge receiving Addendum (a) (Use as many spaces as addenda received. City of Yakima Limited Public Works — Invitation to Quote 22024 Signal Pole Replacement Page 2 of 18 CITY OF YAKIMA LIMITED PUBLIC WORKS INVITATION TO QUOTE # 2211''43S I. GENERAL/SPECIAL INSTRUCTIONS A. COVID-19 Precautions As the understanding of COVID-19 continues to evolve, so too have the health and safety requirements developed by governmental agencies, including the Centers for Disease Control, the Occupational Safety and Health Administration, and the Washington State Department of Health. The Washington State Governor issued an addendum to Proclamation 20-25. The Awarded Contractor shall meet the job site requirements set forth in this addendum and any subsequent addendums related to COVID-19 protocols for construction sites. In addition, for employees exhibiting symptoms of coronavirus COVID-19, Contractors will be required to adhere to CDC strategies. All costs relating to meeting these requirements shall be borne by the Contractor httbsu7nram cdc.g /corohaviru /2019-ncov bm unity/ u d nce-busine s-response,html https: /www.osha ovJPublications OSHAFS-37474xif B. Additional Work Any additional work found necessary that is not specified in the Scope of Work shall be listed on a separate sheet entitled "Additional Materials/Labor Required". C. Estimated Quantities Estimated quantities, if any, set forth in the Scope of Work are estimates only, being given only as a basis for the comparison of Quotes. The City does not warrant, expressly or by implication; that the actual amount of work will correspond to the estimated quantities. Bidder is responsible; for verification of square footage and units of measure, which are to be provided with Quote submittal. D. Qualified Quotes The General and Special Instructions included in this quote document and in the resulting contract will govern the performance of the work. No other terms and conditions will be accepted. Quotes that are conditioned in any way, or Quotes that take exception in any way to the City of Yakima's General and Special Terms and Conditions, may result in the Quote being considered non -responsive. E. Proprietary Material Submitted Any information contained in the bid submitted that is proprietary must be clearly designated. Marking the entire bid as proprietary will be neither accepted nor honored. If a request is made to view a Contractor's bid, the City of Yakima will comply according to the Open Public Records Act, Chapter 42.56 RCW. If any information is marked as proprietary in the proposal, such information will not be made available until the affected bidder has been given an opportunity to seek a court injunction against the requested disclosure. F. Award of Quote The City of Yakima reserves the right to reject any or all quotes or accept any presented which meet or exceed these specifications, and which would be in the best interest of the City and will not necessarily be bound to accept the low quote. G. Business License and Permits All bidders shall have a valid and current business license issued by the State of WA Department of Revenue, Business Licensing Service covering this type of work. It will be the Contractor's responsibility to City of Yakima Limited Public Works — Invitation to Quote 22024 Signal Pole Replacement Page 3 of 18 procure any licenses or permits required, to complete the project. The Contractor is responsible for all traffic control and barricades, if applicable. You can contact the Codes Department at (509) 575-6121 or (509) 575-6126 or visit the Codes website at: hops://www,yakimawa.gov/services/codes/ for information. H. Best Modern Practices All work, including design, shall be performed and completed in accordance with the best modern practices, further, no detail necessary for safe and regular operation shall be omitted, although specific mention thereof may not be made in these specifications. I. Workmanship Contractor warrants and guarantees to the City that the work shall be performed in a manner consistent with industry standards for the performance of construction and services of a similar nature. The Contractor warrants to the City that materials and equipment furnished will be of good quality and new, that the work will be free from defects, will be fully compatible with the existing materials and equipment and that the work will conform to all requirements. Work not conforming to these requirements, including substitutions (if allowed) not properly approved and authorized, may be considered defective. The Contractor shall comply with recognized workmanship quality standards within the industry as applicable to each unit of work. All references to standards whether for materials, processes, assemblies, workmanship, performance, or similar purpose shall mean, unless otherwise noted, the most recent available published version of such standard. When reference is made to standards, the standards are to be made a part of this contract, and to have the same effect as if fully reproduced herein. It is a requirement that each category of trades person or installer performing the work be qualified, to the extent of being familiar with applicable and recognized quality standards for that category of work, and being capable of workmanship complying with those standards. New and Unused All units, equipment, parts and material shall be new, unused, manufacturer's current model year and in current production. All materials shall have physical and chemical properties to withstand the intended service. Equipment design shall have sufficient excess capacity for durability and safety. K. Equal/Approved Equal These specifications are intended to be precise where a specific make, model or trade name is requested. Whenever a make, model or trade name is used, it shall be that or equal, or approved equal. Equal or approved equal means that the make, model or trade name will be given consideration if they fulfill the same performance requirements. The City reserves the right to make the decision on acceptability. Each bidder shall clearly identify make, model or trade name of equipment bid on the face of their quote. Any equipment proposed as an equal to that herein specified must be substantiated with supporting data to justify such request for substitution. L. Hazardous Materials If asbestos or other hazardous materials are discovered during performance of work under this project, Contractor will immediately notify the Project Coordinator, so that a Change Order addressing Pollution Control as well as any change in cost may be executed by Purchasing. M. No Disturbance The Contractor shall not disturb grounds or materials outside the sphere of the contracted project. N. Protection of Utilities The Contractor shall protect from damage public and private utilities encountered during the work. Prior to beginning work, the Contractor shall give proper notification as required by RCW 19.122.030 to the City of Yakima Limited Public Works — Invitation to Quote 22024 Signal Pole Replacement Page 4 of 18 agencies that have utilities in place, and shall cooperate with these agencies in the protection and relocation of underground utilities, facilities and structures. The number to call is #811. O. Waste Materials All refuse and waste material must be collected and disposed of, in a legal manner, by the Contractor off the City's property, at the Contractor's expense. The Contractor must immediately clean up any spilled material from streets, roads, etc. Storage of debris on site is not allowed. P. Repair or Replacement The work shall consist of repair of any incidental damages to walls, moldings, electrical, flooring, landscaping, fencing, paved areas, top soil, turf, or other miscellaneous items within or adjacent to the project area. This includes complete replacement of items that are beyond repair as determined by the City. Should adjacent property be damaged in any manner, Contractor shall immediately contact the Project Coordinator. Contractor shall promptly repair damages caused to adjacent areas, rooms, facilities, property, streets, and sidewalks by construction operations as directed by the City and at no cost to the City. Q. Final Inspection and Acceptance When the Contractor considers the work physically complete and ready for final inspection, the Contractor shall request the City's Project Coordinator to inspect the work. The City will notify the Contractor of any deficiencies in the work after inspection. The Contractor shall immediately take such corrective measures as are necessary to remedy the listed deficiencies. Corrective work shall be pursued vigorously, diligently, and without interruption until physical completion of the listed deficiencies. This process will continue until the City is satisfied the listed deficiencies have been corrected. If action to correct the listed deficiencies is not initiated within seven (7) days after receipt of the written notice listing the deficiencies, the City may, upon written notice to the Contractor, take whatever steps are necessary to correct those deficiencies pursuant. The date of final acceptance shall be determined by the date the Contractor has properly invoiced the City for payment and turned in all required submittals after the final inspection and acceptance has occurred. R. Payments Upon final inspection and acceptance of the work by the City, the Contractor is to submit properly completed invoice(s) to the City of Yakima Accounts Payable, 129 North 2nd Street, Yakima, WA 98901. To insure prompt payment each invoice should cite Quote number, purchase order number, discount terms and include the Contractor's name and return remittance address. In addition, the invoice shall include quote item description, quantity, unit price, total price, location of work and date work completed. Payment will be mailed within thirty (30) days of acceptance of the completed project, post -work submittals, Prevailing Wage Intents and Affidavits, and a properly completed invoice. Invoice shall be itemized to reflect hours worked and material costs. S. Retainage (Must be withheld at 10% in order to waive performance/payment bonds) The City Of Yakima shall have the right to withhold ten percent (10%) of the amount of any invoice submitted to the City Of Yakima by the Contractor for labor, supervision, and materials furnished by the Contractor up to the time of completion and acceptance of job. Each invoice submitted by the Contractor shall include two separate line items. The first line item is to reflect the total price of the job being invoiced, less ten percent (10%) retainage. The second line item will reflect the ten percent (10%) retainage. Payment of said retainage shall be due thirty (30) days after City Of Yakima's acceptance of completed work. City of Yakima Limited Public Works — Invitation to Quote 22024 Signal Pole Replacement Page 5 of 18 BIDDER RESPONSIBILITY FORM (To be subm/tted with Quote Form) Bidder Responsibility Criteria |tisthe intent ofCity toaward acontract twthe low responsible bidder. Before award, the bidder must meet the following bidder responsibility criteria to be considered a responsible bidder. The bidder may berequired bythe City tosubmit documentation demonstrating compliance with the criteria. The bidder must: 1. Have a current certificate of registration as a Contractor in compliance with chapter 18.27 RCW, which must have been ineffect atthe time ofquote submittal; Contractor #: Effective Date: Expiration Date:. 2. Have acurrent Washington Unified Business Identifier (UQ|)nunnber# � 3. If applicable: a. Have Industrial insurance (workers' compensation) coverage for the bidder's employees working in Washington, as required inTitle 51 RCVV |saccount current? Yes/No � b. Have a Washington Employment Security Department number, as required in Title 50 RCW; c. Have a Washington Department of Revenue state excise tax registration number, as required in Title 32RCVV # 4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). |sContractor disqualified? S. Until December 31,2O13 not have violated more than one time the off -site prefabricated, non-standard, project specific items reporting requirements ofRCVV39.U4.37O. Does Contractor have violations? 6. For public works projects subject tothe apprenticeship utilization requirements ofRCVV 3l104.320, not have been found out ofcompliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter49.O4 RCVVfor the one-year period immediately preceding the first date of advertising for the project. Is Contractor in compliance? 7. Per RCW 39.04.350 and RCW 39.06.020, has the Contractor had Labor and Industries Training or are they exempt? Training Complete O Exempt Is Contractor in compliance? City ofYakima Limited Public Works — Invitation toQuote 2204Signal Pole Replacement Page eof 18 Subcontractor Responsibility 1. The Contractor shall include the language of this section in each of its first tier subcontracts and shall require each of its Subcontractors to include substantially the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply toall Subcontractors regardless oftier. 2. At the time ofsubcontract execution, the Contractor shall verify that each of its first tier Subcontractors meets the following bidder responsibility criteria: a. Have a current certificate of registration in compliance with chapter 18.27 RCW,which must have been ineffect atthe time ofsubcontract quote submittal; b. Have acurrent Washington Unified Business Identifier number (U8U; 3. If applicable, have: a. Industrial insurance (wmder'scompensation) coverage forthe5ubcontractor'semp|oyeesmmrking inWashington as required inTitle S1 RCVV , b. A Washington Employment Security Department number as required in Title 50 RCW; c. A Washington Department of Revenue state excise tax registration number as required in Title 82 RCVV b. An electrical Contractor license, if required by Chapter 19.28 R[VV; c. Anelevator Contractor license, ifrequired byChapter 7O.D7RCVV. 4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3). S. Until December 3l2O13,not have violated more than one time the off-sbe prefabricated, non-standard, project specific items reporting requirements of RCW 39.04.370. 6. For public works projects subject to the apprenticeship utilization requirements of RCW 3.0.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCVVfor the one-year period immediately preceding the first date of advertising for the project. 7. Per R[VV39.04.85Oand NCVV39.06.020, has the Subcontractor had Labor and Industries Training or are they exempt? City ofYakima Limited Public Works — Invitation toQuote z2024Signal Pole Replacement Page nof 18 Certification of Compliance with Wage Payment Statutes (To be submittedwith uote For ) The bidder hereby certifies that, within the three-year period immediately preceding the quote solicitation date t 1, that the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Bidder Signature of Authorized Official* Printed Name Title Date City State Check One: Individual 0 Partnership ❑ Joint Venture ❑ Corporation ❑ State of Incorporation, or if not a corporation, State where business entity was formed: If a co -partnership, give firm name under which business is transacted: * If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co -partnership, proposal must be executed by a partner. City of Yakima Limited Public Works — Invitation to Quote 22024 Signal Pole Replacement Page 8 of 18 AGREEMENT CITY OF YAKIMA INVITATION TO QUOTE #22024 THIS AGREEMENT, entered into this day of 20_, between the City of Yakima, a Washington municipal corporation ("City"), and , ("Contractor'). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1. Scope of Work The Contractor shall perform all work and service(s) and furnish all tools, materials, labor and equipment (collectively referred to as "Services") according to the procedure outlined in the specifications of Quote #22024 Signal Pole Replacement and the quote documents, which are all attached and incorporated herein as Exhibit A, and any applicable construction standard(s), which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. Work is estimated to be complete by Final work schedule shall be coordinated with Project Coordinator Dan Nickoloff, Senior Traffic Systems Technician, (509) 576-6746 or (509) 728-5818. The Contractor shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the transfer of materials and completing the work provided for in this Contract and every part thereof, except such as are mentioned in the specifications to be furnished by the City of Yakima. 2. Compensation The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit includes the specifications and payment schedule of itemized prices as listed in the Contractor's Quote submittal at the time and in the manner and upon the conditions provided for the Contract. 3. Change Orders Any proposed change in this Contract shall be submitted to the other party, as listed herein, for its prior written approval. If approved, change will be made by a contract modification that will become effective upon execution by the parties hereto. Any oral statement or representation changing any of these terms or conditions is specifically unauthorized and is not valid. Contractor may be required to provide a detailed cost estimate for the proposed change. 4. Agency Relationship between City and Contractor Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City. 5. Successors and Assigns a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from this Contract without the prior written consent of the other. b. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 6. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. City of Yakima Limited Public Works — Invitation to Quote 22024 Signal Pole Replacement Page 9 of 18 7. Inspection and Production of Records a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request. b. Contractor shall promptly furnish the City with such information and records which are related to the Services of this Contract as may be requested by the City. Until the expiration of six (6) years after final payment of the compensation payable under this Contract, or for a longer period if required by law or by the Washington Secretary of States record retention schedule, Contractor shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all of Contractor's books, documents, papers and records which are related to the Services performed by Contractor under this Contract. c. All records relating to Contractor's services under this Contract must be made available to the City, and the records relating to the Services are City of Yakima records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. d. The terms of this section shall survive any expiration or termination of this Contract. 8. Work Made for Hire All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property of the City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any other materials the Contractor produces in connection with this Contract. On completion or termination of the Contract, the Contractor shall deliver these materials to the City. 9. Guarantee Contractor warrants the Services will be free from defects in material and workmanship for a period of one year following the date of completion and acceptance of the Services. 10. Compliance with Law To the extent applicable, all equipment or materials shall comply with Washington State vehicle regulations, Federal regulations, OSHA and WISHA requirements, to include EPA standards and City safety codes. Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state, and local government or governmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work. a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License and pay all charges, fees, and taxes associated with said license. b. Contractor must provide proof of a valid Washington State Contractor Registration number. c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.101 or 36.12.065(3). e. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. City of Yakima Limited Public Works — Invitation to Quote 22024 Signal Pole Replacement Page 10 of 18 11. Prevailing Wages The Contractor will comply with all provisions of Chapter 39.12 RCW - Prevailing Wages on Public Work. a. RCW 39.12.010 - the Prevailing Rate of Wage. It is solely the responsibility of the Contractor to determine the appropriate prevailing wage rate for the services being provided. b. RCW 39.12.040 - Statement of Intent to Pay Prevailing Wages and an Affidavit of Wages Paid. Before an awarding agency may pay any sum due on account, it must receive a statement of Intent to Pay Prevailing Wages approved by the Department of Labor and Industries. Following final acceptance of a public work project, and before any final money is disbursed, each Contractor and Subcontractor must submit to the awarding agency an Affidavit of Wages Paid, certified by the Department of Labor and Industries. c. RCW 39.12.070 - Fees Authorized for Approval Certification and Arbitrations. Any fees charged by the Department of Labor and Industries for approvals or fees to cover costs of arbitration conducted shall be the responsibility of the Contractor. The State of Washington prevailing wage rates applicable for this public works project, which is located in Yakima County, may be found at the following website address of the Department of Labor and Industries: https://fortress.wa.qovflni/wagelaokup/prvWapelookup.aspx. Based on the quote submittal for this project, the applicable effective (start) date of this project for the purposes of determining prevailing wages is the quote date, August 25, 2020. A copy of the applicable prevailing wage rates are also available for viewing at the City of Yakima Purchasing office, located at 129 N 2nd Street, Yakima, WA 98901. Upon request, the City will mail a hardcopy of the applicable prevailing wages for this project. 12. Certified Payroll for Non -Federally Funded Projects Upon request by the City or by an Interested Party, copies of certified payroll shall be provided to City, with employee information such as last name, SSN and address, redacted in accordance with RCW 42.56.230, in order to provide for public records requests. The City reserves the right to require Contractor to deliver to City a copy of the non -redacted Certified Payroll if City determines, in its sole discretion, that, such non -redacted copy is necessary or appropriate in order to enable City to comply with any applicable law. RCW42.56.230 (7)(a) Personal Information Exemption: Any record used to prove identity, age, residential address, social security number, or other personal information required to apply for a driver's license or identicard. RCW 39.12.010 (4): An "Interested Party" for the purposes of this chapter shall include a Contractor, Subcontractor, an employee of a Contractor or Subcontractor, an organization whose members' wages, benefits, and conditions of employment are affected by this chapter, and the director of labor and industries or the director's designee. WAC 296-127-320 Payroll.. (1) Each Contractor shall keep accurate payroll records for three years from the date of acceptance of the public works project by the contract awarding agency, showing the name, address, Social Security number, trade or occupation, straight time rate, hourly rate of usual benefits as defined by WAC 9b 1 "1'�Im0 (4(1), and overtime hours worked each day and week, including any employee authorizations executed pursuant to WAC 296- 12r 022" and the actual rate of wages paid, for each laborer, worker, and mechanic employed by the Contractor for work performed on a public works project. (2) A Contractor shall, within ten days after it receives a written request, from the department or from any interested party as defined by RCW 39.12.010(4), file a certified copy of the payroll records with the agency that awarded the public works contract and with the department. (3) A Contractor's noncompliance with this section shall constitute a violation of RCW 39;12.050. 13. Nondiscrimination During the performance of this Contract, the Contractor agrees as follows: The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory, mental or City of Yakima Limited Public Works — Invitation to Quote 22024 Signal Pole Replacement Page 11 of 18 physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12101 et seq.). This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this Agreement. In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for any future City contracts. 14. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. Contractor agrees to defend, indemnify and hold harmless the City, its elected and appointed officials, officers, employees, attorneys, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable costs and attorney fees) which result or arise out of the sole negligent acts or omissions of Contractor, its officials, officers, employees or agents. b. If any suit, judgment, action, claim or demand arises out of, or occurs in conjunction with, the negligent acts and/or omissions of both the Contractor and the City, or their elected or appointed officials, officers, employees, agents, attorneys or volunteers, pursuant to this Contract, each party shall be liable for its proportionate share of negligence for any resulting suit, judgment, action, claim, demand, damages or costs and expenses, including reasonable attorneys' fees. c. Contractor's Waiver of Employer's Immunity under Title 51 RCW. If any design or engineering work is done pursuant to this Contract, Contractor intends that its indemnification, defense, and hold harmless obligations set forth above in Section (a) shall operate with full effect regardless of any provision to the contrary in Title 51 RCW, Washington's Industrial Insurance Act. Accordingly, to the extent necessary to fully satisfy the Contractor's indemnification, defense, and hold harmless obligations set forth above in section A, Contractor specifically waives any immunity granted under Title 51 RCW, and specifically assumes all potential liability for actions brought by employees of the Contractor against the City and its elected and appointed officials, officers, employees, attorneys, agents, and volunteers. The parties have mutually negotiated this waiver. Contractor shall similarly 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, shall 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 provisions of this section shall survive the expiration or termination of this Agreement. d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. e. The terms of this section shall survive any expiration or termination of this Contract. 15. Contractor's Liability Insurance At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. Contractor shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured endorsement attached to the policy will be included with the certificate. This Certificate of insurance shall be provided to the City, prior to commencement of work. City of Yakima Limited Public Works — Invitation to Quote 22024 Signal Pole Replacement Page 12 of 18 The following insurance is required: a. Commercial Liability Insurance. Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence, combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. b. Automobile Liability Insurance. Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and Non -Owned coverage if necessary. c. Employer's Liability (Stop Gap): Contractor and all Subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall maintain Employer's Liability insurance with a limit of no Tess than $1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent acts of all Subcontractor(s). Contractor is responsible to ensure Subcontractor(s) have insurance as needed. Failure of Subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or responsibility. Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any insurance, or self-insurance maintained by the City shall be in excess of the Contractor's insurance and shall not contribute to it. If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the Contract. Should a court of competent jurisdiction determine that this Contract 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 Contractor and the City, its officers, elected and appointed officials, employees, agents, attorneys and volunteers, Contractor's liability hereunder shall be limited to the extent of the Contractor's negligence. City of Yakima Limited Public Works — Invitation to Quote 22024 Signal Pole Replacement Page 13 of 18 16. Severability If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Contract are declared severable. 17. Contract Documents This Contract, the Invitation to Quote #22043S, Scope of Work, conditions, addenda, and modifications and Contractor's proposal (to the extent consistent with Yakima City documents) constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated by reference into this Contract. 18. Termination - Convenience This Contract may be terminated by either party by giving thirty (30) days written notice of such intent and will become effective thirty (30) days from the date such written notice is delivered to the applicable party to the Contract. 19. Termination - Cause The City reserves the right to terminate this Contract at any time, upon written notice, in the event that the Services of Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions contained in this Contract. The effective date for such termination shall be upon receipt of the notice, or three days after the notice is mailed first class mail, certified with return receipt requested. 20. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the reason for delay. 21. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 22. Venue The venue for any action to enforce or interpret this Contract shall lie in a competent jurisdiction in Yakima County, Washington. 23. Authority The person executing this Contract, on behalf of Contractor, represents and warrants that he/she has been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract. 24. Notice Any notice required or permitted to be given under this Contract shall be in writing and deemed effective if either delivered in person or by ovemight courier, facsimile or first class mail, certified with return receipt requested. Notices to the parties shall be delivered to: TO CITY: City of Yakima Purchasing TO CONTRACTOR: Attn: Susan Knotts, Buyer II City Hall —Second Floor 129 North Second Street Yakima, WA 98901 25. Survival The foregoing sections of this Contract, 1-24 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written. City of Yakima Limited Public Works — Invitation to Quote 22024 Signal Pole Replacement Page 14 of 18 CITY OF YAKIMA (ENTER CONTRACTOR NAME) By: City Manager Date: Date: Attest: City Clerk (Print name) Site Visit Detail, Covid-19 City of Yakima Limited Public Works — Invitation to Quote 22024 Signal Pole Replacement Page 15 of 18 Due to the covid-19 pandemic and to ensure the safety of our employees and contractors all site visits shall be conducted as follows: 1. Each Contractor will be scheduled a specific one -hour block of time to perform its site visit. There shall be a minimum of thirty minutes between site visits. Site visits will be scheduled by contacting the Project Coordinator and will be scheduled on a first come, first served basis. 2. Each Contractor is required to maintain at least six (6) feet of separation from city staff as well as all other personnel present for the site visit. 3. Every person at the site visit is required to wear a face mask and protective gloves. Masks and gloves will be provided by the City if requested. Additional personal protective equipment may be used by the Contractor or staff and is encouraged. If a contractor does not request masks and gloves, and does not have the required protective equipment at the time of the site visit, the site visit will not occur. Thank you for your cooperation to ensure the safety of others while performing the site visit. If you have any questions regarding the site visit, or to schedule the site visit, please contact: Dan Nickoloff Office (509) 576-6746 Cell (509) 728-5818 Daniel.Nickoloff@YakirnaWA.Gov City of Yakima Limited Public Works — Invitation to Quote 22024 Signal Pole Replacement Page 16 of 18 SAMPLE CERTIFICATE OF INSURANCE PRODUCER INSURANCE AGENT ISSUING CERTIFICATE INSURED CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) CURRENT DATE 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 pollcy(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). INSURANCE AGENT INFORMATION Entity Insured Address COVERAGES CERTIFICATE NUMBER _____INSREIKEILAFFORDING COVERAGE NAIC INSURER A AND! OR BETTER, ADMITTED CARRIER INSURER B INSURER C INSURER D: INSURER E; _INALIRER F ; 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. ACOL war R TYPE OF INSURANCE YIN/D 0 Y X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I X I OCCUR POLICY NUMBER OEM AGGREGATE LIMIT APPLIES PER FOLIC X YPP:f I LOC OTHER: START DATE LIMITS EACH OCCURRENCE $ 2,000,000 DANOMk $ 100,000 PREMISES (Eo occurrence) FED Erimr,ane_p) $ 5.000 STOP PERSONAL A AM/ INJURY 5 1,000,000 DATE ENERAL AGGREGATE 2,000,000 PRODUCTS • COMP/OP AGG 2,000,000 A A AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY UMBRELLA LIAR EXCESS LIAB DED I RETENT 0 SCHEDULED AUTOS NON.OWNED AUTOS ONLY OCCUR CLAIMS -MADE YIN I I NIA POLICY NUMBER POLICY NUMBER STOP GAP! EL ONLY START DATE STOP DATE IT $ 2,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per occident) $ TY-15KAGt--- 3 CH OCCURR NC AGGREGATE I rIADEEC4 Xi()EL- L EACH ACCIDENT s 1,000,000 EMPLOYEE $ 1,000,000 E L DISEASE POLICY LIMIT 1.000.000 DESCRIPTION OF OPERATIONS 1 LOCATIONS l VEHICLES (ACORD 101, Additional Remark. Schedule, may be attached It more space Is required) The Clty of Yakima, Its agents, employees, authorized volunteers, elected and appointed officials are included as Primary/Non-Contributory additional insured. See attached Additional Insured Endorsement. CERTIFICATE HOLDER City of Yakima Purchasing Department 129 N. 2nd St. Yakima, WA 98901 ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL SE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE SIGNATURE CD 1988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD City of Yakima Limited Public Works — Invitation to Quote 22024 Signal Pole Replacement Page 17 of 18 SAMPLE ADDITIONAL INSURED ENDORSEMENT POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): The City of Yakima, its agents, employees, authorized volunteers, elected and appointed officials are included as Primary/Non-Contributory additional insured. Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injurri "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. CG 20 10 07 04 B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment 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 in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. © ISO Properties, Inc., 2004 Page 1 of 1 City of Yakima Limited Public Works — Invitation to Quote 22024 Signal Pole Replacement Page 18 of 18 x IT COMPENSATION CITY OF YAKIMA LIMITED PUBLIC WORKS INVITATION TO QUOTE # 22043S FOR NON -FEDERALLY FUNDED WORK BETWEEN $10,000-35,000 PROJECT NAME: Signal Pole Replacement LOCATlON:56 1hand Summltvlew ISSUE DATE: August 25, 2020 CITY PROJECT COORDINATOR: Dan Nickoloff, Senior Traffic Systems Technician (509) 576-6746mr(509)728-5818 RETURN QUOTES TO: 5oxon'#a@Cts06pVaAhrnoWA.Gov DUE DATE/TIME: September 21'2W2Q@ 2:00 PM QUOTEFORM Small Works Roster Project Contractor must be signed up with WWW MRSCROSTERS.ORG in order to respond to this Invitation to Quote Prevailing Wage This project is considered Public Work and shall be completed in accordance with 39.04 RCW. This isaPrevailing Wage Project. Intent to pay Prevailing Wages, and Affidavit ofPrevailing Wages paid must be filed by both the General Contractor and any Subcontractors working on the project, at Contractor's expense, and posted as approved by Labor and Industries (L&|) prior to payment. See attached contract for further details. Certificate of Insurance Please contact your insurance company and have them send us a Certificate of Insurance naming the "City of Yakima, its Agents, Employees and Elected or Appointed Officials as Additional Insured" per the attached sample, with the same limits of coverage. The Certificate needs tnbeaddressed asshown and _include anattached AdditionalYnsyred Endorsement, oritwill bereturned toyou for correction and you will not beable tostart work until it is accepted. Subcontractors must also submit Certificates of Insurance with Additional Insured endorsement. See attached contract for further details. Site Visit Wearing of PPE and social distancing will be mandatory during the site visit. Please see the attached COVID-19requirements for site visits. The site meeting is not mandatory; however, interested parties are strongly urged to attend. Site visits will bescheduled with the Project Coordinator listed above, on or before September 16, 2020. No site visits will be scheduled after September 16, 2020. Tuarrange asite visit contact the Project Coordinator. Coordination mfWork Contractor will coordinate his/her work with the City of Yakima Project Coordinator listed above as to when work will be accomplished. Work shall be completed as agreed upon in the resulting contract. Work Hours and Schedule Work tobecompleted M-F,D:00uon.toJx)0p.nn,excluding legal holidays. Contractor will specify working days and hours and work outside of these limits must be preopproved by Project Coordinator. � Scope ofWork Purchase electrical permit if needed. Install Traffic Signal Shaft Base per WSDOT Standard Plan J-26. 10-03. Extend or replace signal conductor and conduits, video detection cable, pre-emption (opticom) cable, pedestrian push button cable. Set new signal shaft and signal arm, provided by the City of Yakima, with three signal heads. Re -install pedestrian push buttons per ADA distance requirements. Re -install pedestrian signal indications. Demo existing bollard and signal base bolts as not to interfere with pedestrian foot traffic. Restore landscaping after work isdone. City of Yakima Limited Public Works—/nvitationmQuote 22024 Signal Pole Replacement Page zof IS QUOTE FORM All work is to be done in accordance with the Manufacturer's Instructions, Industry Standards, and Specifications as presented by the City of Yakima. Work shall be performed using the recommended process below, using specified materials and brands or approved and acceptable equal. Recommended Process/Materials Excavate and form rebar, 1-bolts with extended conduits in the new base to accommodate new traffic signal shaft. Removal and replacement of at least one sidewalk panel will be required. Materials will include rebarj-bolts and concrete. City of Yakima will provide new signal shaft and signal arm. *Bidder may quote alternate process for City consideration: Yes 0 or No ❑ Winning Bidder must procure materials and start work within 30 days of Notice of Award. Number of Days to Complete Work: 40 Work days. Comments: Quote is Firm for : 90 Days Guarantee: kvilnimum of one (J) year on work, Warranty: Minimum t f pne (1) year on materials, Permit Required: Yes 0 or No ❑ Delivery Terms All materials are to be quoted F.O.B. destination. All anticipated shipping costs necessary to meet the delivery schedule must be included in the lump sum total. No additional charges for shipping or handling will be allowed. Lump Sum (Pre -Tax): $2.3,`75r. In signing this Quote we certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a Quote; that this Quote has been independently arrived at without collusion with any other Bidder, competitor or potential competitor; that this Quote has not been knowingly disclosed prior to the opening of Quote to any other Bidder or competitor; that the above statement Is accurate under penalty of perjury. We will comply with all terms, conditions and specifications required by the City of Yakima in this Invitation to Quote and all terms of our Quote. Company Name Knobel's Electric, Inc. Company Address 801 Tennant Lane, Yakima, WA 98901 Name of Authorized Company Representative (Type or Print) Stev.Soderstrom Sig of Ab wiBE/DBE Vendor Certification Number (if applicable) Title Estimator Email Address knobelselectricrosn.com Phone Number 509 452-9157 I hereby acknowledge receiving Addendum (a) (Use as many spaces as addenda received. City of Yakima Limited Public Works — Invitation to Quote 22024 Signal Pole Replacement Page 2 of 18 CITY OF YAKIMALIMITED PUBLIC WORKS INVITATION TO QUOTE # 22043S GENERAUSPECIAL, INSTRUCTIONS A. COV|0-19Pracamtimms Aathe understanding ofCOV|D-19continues toevolve, sotoo have the health and safety requirements developed by governmental agencies, including the Centers for Disease Control, the Occupational Safety and Health Administration, and the Washington State Department ofHealth. The Washington State Governor issued unaddendum toProclamation ZU'25. The Awarded Contractor shall meet the job site requirements set forth in this addendum and any subsequent adden6unns related to COV|O'19 protocols for construction sites. |naddition, for employees exhibiting symptoms ofnoronavirusCOV|D'l9, Contractors will berequired toadhere tmCDC strategies. All costs relating tomeeting these requirements shall be borne by the Contractor ' B. Additional Work ' Any additional workfoundnecessarythatisnot specified in the Scope of Work shallbelisted onaseparate sheet entitled "Additional Materials/Labor Required". C. Estimated Quantities Estimated quantities, if any, set forth in the Scope of Work are estimates only, being given only as a basis for the comparison of Quotes. The City does not warrant, expressly or by implication; that the actual amount of work will correspond to the estimated quantities, square footage and units of measure, which are to be,provided with Quote submittal. D. Qualified Quotes ' The General and Special Instructions included in this quote document and in the resulting contract will govern the performance of the work. No other terms and conditions will be accepted. Quotes that are conditioned in any way, or Quotes that take exception in any way to the City of Yakima's General and Special Terms and Conditions, may result in the Quote being considered non -responsive. E. Proprietary Material Submitted Any information contained in the bid submitted that is proprietary must be clearly designated. Marking the entire bid as proprietary will be neither accepted nor honored. If request is made Uuview a Contractor's bid, the City of Yakima will comply according to the Open Public Records Act,Chapter4Z.S6 RCW. If any information is marked as proprietary in the proposal, such information will not be made available until the affected bidder has been given an opportunity to seek a court injunction against the requested disclosure. F. Award of Quote The City of Yakima reserves the right to reject any or all quotes or accept any presented which meet or exceed these specifications, and which would be in the best interest of the City and will not necessarily bebound toaccept the low quote. G. Business License and Permits All bidders shall have a valid and current business license issued by the State of WA Department of Revenue, Business Licensing Service covering this type of work. It will be the Contractor's responsibility to City orYakima Limited Public Works — Invitation u,Quote azoz4Signal Pole Replacement Page amr1m procure any licenses or permits required, to complete the project. The Contractor is responsible for all traffic control and barricades, if applicable. You can contact the Codes Department at (509) 575-6121 or (509) 575-6126 or visit the Codes website at: https://www.vakirnawa.gov/services/codes/ for information. H. Best Modern Practices All work, including design, shall be performed and completed in accordance with the best modern practices, further, no detail necessary for safe and regular operation shall be omitted, although specific mention thereof may not be made in these specifications. I. Workmanship Contractor warrants and guarantees to the City that the work shall be performed in a manner consistent with industry standards for the performance of construction and services of a similar nature. The Contractor warrants to the City that materials and equipment furnished will be of good quality and new, that the work will be free from defects, will be fully compatible with the existing materials and equipment and that the work will conform to all requirements. Work not conforming to these requirements, including substitutions (if allowed) not properly approved and authorized, may be considered defective. The Contractor shall comply with recognized workmanship quality standards within the industry as applicable to each unit of work. All references to standards whether for materials, processes, assemblies, workmanship, performance, or similar purpose shall mean, unless otherwise noted, the most recent available published version of such standard. When reference is made to standards, the standards are to be made a part of this contract, and to have the same effect as if fully reproduced herein. It is a requirement that each category of trades person or installer performing the work be qualified, to the extent of being familiar with applicable and recognized quality standards for that category of work, and being capable of workmanship complying with those standards. J. New and Unused All units, equipment, parts and material shall be new, unused, manufacturer's current model year and in current production. All materials shall have physical and chemical properties to withstand the intended service. Equipment design shall have sufficient excess capacity for durability and safety. K. Equal/Approved Equal These specifications are intended to be precise where a specific make, model or trade name is requested. Whenever a make, model or trade name is used, it shall be that or equal, or approved equal. Equal or approved equal means that the make, model or trade name will be given consideration if they fulfill the same performance requirements. The City reserves the right to make the decision on acceptability. Each bidder shall clearly identify make, model or trade name of equipment bid on the face of their quote. Any equipment proposed as an equal to that herein specified must be substantiated with supporting data to justify such request for substitution. L. Hazardous Materials If asbestos or other hazardous materials are discovered during performance of work under this project, Contractor will immediately notify the Project Coordinator, so that a Change Order addressing Pollution Control as well as any change in cost may be executed by Purchasing. M. No Disturbance The Contractor shall not disturb grounds or materials outside the sphere of the contracted project. N. Protection of Utilities The Contractor shall protect from damage public and private utilities encountered during the work. Prior to beginning work, the Contractor shall give proper notification as required by RCW 19.122.030 to the City of Yakima Limited Public Works — Invitation to Quote 22024 Signal Pole Replacement Page 4 of 18 agencies that have utilities in place, and shall cooperate with these agencies in the protection and relocation of underground utilities, facilities and structures. The number to call is #811. 0. Waste Materials All refuse and waste material must be collected and disposed of, in a legal manner, by the Contractor off the [ity's property, at the Contractor's expense. The Contractor must immediately dean up any spilled material from streets, roads, etc. Storage of debris on site is not allowed. P. Repair or Replacement The work shall consist of repair of any incidental damages to walls, moldings, electrical, flooring, landscaping, fencing, paved areas, top soil, turf, or other miscellaneous items within or adjacent tothe project area. This includes complete replacement ofitems that are beyond repair as determined by the City. Should adjacent property be damaged in any manner, Contractor shall immediately contact the Project Coordinator. Contractor shall promptly repair damages caused to adjacent areas, rooms, facilities, property, streets, and sidewalks by construction operations as directed by the City and at no cost to the Final Inspection and Acceptance When the Contractor considers the work physically complete and ready for final inspection, the Contractor shall request the Ot/y Project Coordinator to inspect the work. The City will notify the Contractor ofany deficiencies in the work after inspection. The Contractor shall immediately take such corrective measures as are necessary to remedy the listed deficiencies. Corrective work shall be pursued vigorously, diligently, and without interruption until physical completion of the listed deficiencies. This process will continue until the City is satisfied the listed deficiencies have been corrected. If action to correct the listed deficiencies is not initiated within seven (7) days after receipt of the written notice listing the deficiencies, the City may, upon written notice to the Contractor, take whatever steps are necessary to correct those deficiencies pursuant. The date of final acceptance shall be determined by the date the Contractor has properly invoiced the City for payment and turned in all required submittals after the final inspection and acceptance has occurred. R. Payments Upon final inspection and acceptance of the work by the [ity, the Contractor is to submit properly completed invoice(s) to the City of Yakima Accounts Payable, 129 North 2nd Street, Yakima, WA 98901. To insure prompt payment each invoice should cite Quote number, purchase order number, discount terms and include the Contractor's name and return remittance address. In addition, the invoice shall include quote item description, quantity, unit price, total price, location of work and date work completed. Payment will be mailed within thirty (30) days of acceptance of the completed project, post -work submittals, Prevailing Wage Intents and Affidavits, and o properly completed invoice. Invoice shall be itemized to reflect hours worked and material costs. S. Retainaga/&Vustbewithhe6dot2U%/no/derb/woiveperfbrmmn bonds) The City Of Yakima shall have the right to withhold ten percent (10%) of the amount of any invoice submitted to the City Of Yakima by the Contractor for labor, supervision, and materials furnished by the Contractor uptothe time mfcompletion and acceptance mfjob. Each invoice submitted by the Contractor shall include two separate line items. The first line item is to reflect the total price of the job being invoiced, less ten percent (10%) retainage. The second line item will reflect the ten percent (10%) retainage. Payment of said retainage shall be due thirty (30) days after City OfYaWma'sacceptance ofcompleted work. City of Yakima Limited Public Works — Invitation to Quote 22024 Signal Pole Replacement Page 5 of 18 BIDDER RESPONSIBILITY FORM (To be submitted with Quote Form) Bidder Responsibility Criteria It is the intent of City to award a contract to the low responsible bidder. Before award, the bidder must meet the following bidder responsibility criteria to be considered a responsible bidder. The bidder may be required by the City to submit documentation demonstrating compliance with the criteria. The bidder must: 1. Have a current certificate of registration as a Contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of quote submittal; Contractor #• KNOBEEI445RU Effective Date: 12/31/1956 Expiration Date: 12/31/2020 Have a current Washington Unified Business Identifier (UBI) number: # 397-019-651 If applicable: a. Have Industrial Insurance (workers' compensation) coverage for the bidder's employees working in Washington, as required in Title 51 RCW; Is account current? Yes Yes/No b. Have a Washington Employment Security Department number, as required in Title 50 RCW; # 290011 00 c. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; # 91-0787761 4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). Is Contractor disqualified? No Yes/No 5. Until December 31, 2013, not have violated more than one time the off -site, prefabricated, non-standard, project specific items reporting requirements of RCW 39.04.370. Does Contractor have violations? No Yes/No 6. For public works projects subject to the apprenticeship utilization requirements of RCW 3.0.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the first date of advertising for the project. Is Contractor in compliance? No Yes/No 7. Per RCW 39.04.350 and RCW 39.06.020, has the Contractor had Labor and Industries Training or are they exempt? Training Complete ❑ Exempt if Is Contractor in compliance? Yes Yes/No City of Yakima Limited Public Works — Invitation to Quote 22024 Signal Pole Replacement Page 6 of 18 Subcontractor Responsibility 1. The Contractor shall include the language of this section in each of its first tier subcontracts and shall require each of its Subcontractors to include substantially the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply toall Subcontractors regardless oftier. Z. At the time of subcontract execution, the Contractor shall verify that each of its first tier Subcontractors meets the following bidder responsibility criteria: a. Have a current certificate of registration in compliance with chapter 18.27 RCW,which must have been ineffect atthe time ofsubcontract quote submittal; b. Have a current Washington Unified Business Identifier number (UBU; 3. Ifapplicable, have: a. Industrial insurance (worker's compensation) coverage for the Subcontractor's employees working in Washington as required inTitle S1 RCVV b. A Washington Employment Security Department number as required in Title 50 RCW; c. A Washington Department of Revenue state excise tax registration number as required in Title 82 R[VV; b. An electrical Contractor license, if required byChapter 19.38 R[VV; c. Anelevator Contractor license, ifrequired byChapter 70.O7RCVV. 4. Not bedisqualified from bidding onany public works contract under RCVV39.0G.D1Oor3912.065(3), S. Until December 31, 2013, not have violated more than onetime the off -site, prefabricated, non-standard, project specific items reporting requirements of RCW 39.04.370. 6 For public works projects subject to the apprenticeship utilization requirements of RCW 3.0.04.320,not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter49.O4 RCVVfor the one-year period immediately preceding the first date of advertising for the project. 7. Per RCVV 39.04.350 and R[VV 39.06.820has the Subcontractor had Labor and Industries Training or are they exempt? City ofYakima Limited Public Works—|nvitatm mQuote 22024 Signal Pole Replacement Page xofzo Certification of Compliance with Wage Payment Statutes (To be submitted with #uote Fom�r) The bidder immediately preceding the quote solicitation date L — the bidder is not a "willful" violator, as defined in RCVV 49.48.082, of any provision ufchapters 49.46 49.48 nr49.SZR[VV'asdetermined bvafinal and binding citation and notice of assessment issued by the Department ufLabor and industries or through a civil judgment entered by court oflimited orgeneral jurisdiction. | certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Knobel's Electric, Signature of Authorized Official* Steve Soderstrorn Printed Name Estimator Title ' Date Yakima WA City State Check One: Individual 0 Partnership El Joint Venture El Corporation V State of Incorporation, or ifnot a corporation, State where business entity was formed: Washington If a co -partnership, give firm name under which business is transacted: * If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied byevidence nfauthority u,s/gn). Ifoco'portnership,proposal must be executed bvopartner. City ofYakima Limited Public Works — Invitation mQuote azou«Signal Pole Replacement Page mof 18 801 TENNANT LANE YAKIMA, WASHINGTON 98901 KNOBEL`S ELECTRIC, INC. PHONE (509) 452-9157 FAX (509) 453-1460 CONTRACTOR'S REGISTRATION NO. KNOBEEI445RU TO WHOM IT MAY CONCERN: I AM AUTHORIZING STEVE SODERSTROM TO ACT IN MY BEHALF TO SIGN CONTRACTS FOR KNOBEL'S ELECTRIC. SINCERELY, CLIFFORD P. KNOBEL PRESIDENT eu rnI IAI ADDADTI 1111TV CUM nVCD AGREEMENT CITY OF YAKIMA INVITATION TO QUOTE #22024 THIS AGREEMENT, entered into this day of , betmen en the City of Veld corporation ("City"), and Knobel's Electric, Inc, ("Contractor"), a, a yVahingt+ WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: Iun ipat 1. Scope of Work The Contractor shall perform all work and service(s) and furnish all tools, materials, labor and equipment (collectively referred to as "Services") according to the procedure outlined in the specifications of Quote #22024 Signal Pole Replacement and the quote documents, which are all attached and incorporated herein as Exhibit A, and any applicable construction standard(s), which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this Contract and every part the eaf.. Work is estimated to be complete bye final work schedule shall be coordinated with Project Coordinator Dan Nickoloff, Senior Traffic Systems Technician, 50 746 or (509) 728-5818. The Contractor shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the transfer of materials and completing the work provided for in this Contract and every part thereof, except such as are mentioned in the specifications to be furnished by the City of Yakima. 2. Compensation The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit includes the specifications and payment schedule of itemized prices as listed in the Contractor's Quote submittal at the time and in the manner and upon the conditions provided for the Contract. 3. Change Orders Any proposed change in this Contract shall be submitted to the other party, as listed herein, for its prior. written approval. If approved, change will be made by a contract modification that will become effective upon execution by the parties hereto. Any oral statement or representation changing any of these terms or conditions is specifically unauthorized and is not valid. Contractor may be required to provide a detailed cost estimate for the proposed change. 4. Agency Relationship between City and Contractor Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City. 5. Successors and Assigns a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from this Contract without the prior written consent of the other. b. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 6. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information conceming the City and said project which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. City of Yakima Limited Public Works — Invitation to Quote 22024 Signal Pole Replacement Page 9 of 18 7\ Inspection and Production ufRecords a. The records relating to the Services shall, at all times, be subject toinspection by and with the approval of the City, but the making oy(or failure nrdelay in making) such inspection or approval shall not relieve Contractor ofresponsibility for performance cf the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services will baprovided tothe City upon the Citv'orequest. b. Contractor shall promptly furnish the City with such information and records which are related to the Services of this Contract eumay berequested bythe City, Until the expiration nysix /8\years after final payment oythe compensation payable under this Contract, or for a longer period if required by law or by the Washington Secretary of State's record retention schedule, Contractor shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all cf Contractor's books, documents, papers and records which are related to the Services performed byContractor under this Contract. c. All records relating to Contractor's services under this Contract must be made available to the City, and the records relating tothe Services are City ofYakima records. They must boproduced tothird parties, ifrequired pursuant Uothe Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary ofState'orecords retention schedule. d. The terms of this section shall survive any expiration or termination of this Contract. 8. Work Made for Hire All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property of the City. The City shall own any and all data, donumants, p|ono' oopyrighto, opnoificodonu, working papom, and any other materials the Contractor produces in connection with this Contract. On completion or termination of the Contract, the Contractor shall deliver these materials 1nthe City. 9. Guarantee Contractor warrants the Services will be free from defects in material and workmanship for a period of one year following the date of completion and acceptance of the Services. 10. Compliance with Law To the extent aooicable, all equipment or materials shall comply with Washington State vehicle mgulodnno. Federal regulations, OSHA and WISHA requirements, to include EPA standards and City safety codes. Contractor agrees to perform all Gom|oea under and pursuant 1othis Contract in full compliance with any and all applicable |mwm, m|oo, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, mto\a, local, or nthnnwioe. Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state, and local government orgovernmental authority orthis project, payoUchorgeoondfeeu.andgivaaUnot|oemnec000aryandino|dento| tothe due and lawful execution ofthe work, a. Procurement ofaCity Business License. Contractor must procure oCity of Yakima Business License and pay all charges, fees, and taxes associated with said license. b Contractor must provide proof ofovalid Washington State Contractor Registration number. o. Contractor must provide proof cfavalid Washington department ofRevenue state excise tax registration number, mo required inTitle 85RCVV. d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.101 a. Contractor must provide proof ofavalid Washington Employment Security Department number aurequired by Title5O FCW. City of Yakima Limited Public Works — Invitation to Quote 22024 Signal Pole Replacement Page 10 of 18 11. Prevailing Wages The Contractor will comply with all provisions of Chapter 39.12 RCW - Prevailing Wages on Public Work. a. RCW 39.12.010 - the Prevailing Rate of Wage. It is solely the responsibility of the Contractor to determine the appropriate prevailing wage rate for the services being provided. b. RCW 39.12.040 - Statement of Intent to Pay Prevailing Wages and an Affidavit of Wages Paid. Before an awarding agency may pay any sum due on account, it must receive a statement of Intent to Pay Prevailing Wages approved by the Department of Labor and Industries. Following final acceptance of a public work project, and before any final money is disbursed, each Contractor and Subcontractor must submit to the awarding agency an Affidavit of Wages Paid, certified by the Department of Labor and Industries. c. RCW 39.12.070 - Fees Authorized for Approval Certification and Arbitrations. Any fees charged by the Department of Labor and Industries for approvals or fees to cover costs of arbitration conducted shall be the responsibility of the Contractor. The State of Washington prevailing wage rates applicable for this public works project, which is located in Yakima County, may be found at the following website address of the Department of Labor and Industries: https:llfortress.wa, aov/}nilwaoelookualprvWaaelookup,esox. Based on the quote submittal for this project, the applicable effective (start) date of this project for the purposes of determining prevailing wages is the quote date, August 25, 2020. A copy of the applicable prevailing wage rates are also available for viewing at the City of Yakima Purchasing office, located at 129 N 2nd Street, Yakima, WA 98901. Upon request, the City will mail a hardcopy of the applicable prevailing wages for this project. 12. Certified Payroll for Non -Federally Funded Projects Upon request by the City or by an Interested Party, copies of certified payroll shall be provided to City, with employee information such as last name, SSN and address, redacted in accordance with RCW 42.56,230, in order to provide for public records requests. The City reserves the right to require Contractor to deliver to City a copy of the non -redacted Certified Payroll if City determines, in its sole discretion, that, such non -redacted copy is necessary or appropriate in order to enable City to comply with any applicable law. RCW 42.58.230 (7)Personal Information Exemption: Any record used to prove identity, age, residential address, social security number, or other personal information required to apply for a driver's license or identicard. RCW 39.12.010 (4): An "Interested Party" for the purposes of this chapter shall include a Contractor, Subcontractor, an employee of a Contractor or Subcontractor, an organization whose members' wages, benefits, and conditions of employment are affected by this chapter, and the director of labor and industries or the director's designee. WAC 296-127-320 Payroll; (1) Each Contractor shall keep accurate payroll records for three years from the date of acceptance of the public works project by the contract awarding agency, showing the name, address, Social Security number, trade or occupation, straight time rate, hourly rate of usual benefits as defined by WAC xli+ f K F (4 and overtime hours worked each day and week, including any employee authorizations executed pursuant to WAC ? _}, and the actual rate of wages paid, for each laborer, worker, and mechanic employed by the Contractor for work performed on a public works project. (2) A Contractor shall, within ten days after it receives a written request, from the department or from any interested party as defined by RCW " 1 11 1I1(4), file a certified copy of the payroll records with the agency that awarded the public works contract and with the department. (3) A Contractor's noncompliance with this section shall constitute a violation of RCW 39.12.050. 13. Nondiscrimination During the performance of this Contract, the Contractor agrees as follows: The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory, mental or City of Yakima Limited Public Works — Invitation to Quote 22024 Signal Pole Replacement Page 11 of 18 physical in violation of the Washington State Law Against Discrimination /RCVVchapter 49,8NOrthe Americans with Disabilities Act (42UGC12101etoeq.). This provision shall include but not bolimited hothe : employment, upgrading,demotion, transfer, recruitment, advertising, layoff ortermination, rates ufpay urother forms o[compensation, meleoUonforUain|ng.ondthapmmisiono[Gaminaoundar1hio Agreement. |nthe event of the Contractor's noncompliance with the non-discrimination clause of this contractorwith any such rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for any future City contracts. 14. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or pmperty. Contractor agrees to defend, indemnify and hold harmless the Oty, its elected and appointed ufficials, officers, ompinyaoe, allomoyo, ognnta, and volunteers from any and all olaimo, demands, losses, |ianm. |iobi|itiee, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable costs and attorney fees) which result orarise out cf the sole negligent acts nromissions ofContractor, its offinio|o.officers, employees nragents. ' b. If any suit, judgment, action, claim or demand arises out of, or occurs in conjunction with, the negligent acts and/or omissions ofboth the Contractor and the City, ortheir elected orappointed officials, offinem.employees, agents, attorneys or volunteers, pursuant to this Contract, each party shall be liable for its proportionate share of negligence for any resulting ouit, judgment, aoUon, n|aim, domund, damages or cnodo and mxpon000, including reasonable attorneys' fees. u. Contractor's Waiver nfEmployer's Immunity under Title 51 RCVV. If any design or engineering work in done pursuant to this Contract, Contractor intends that its indemnification, defense, and hold harmless obligations set forth above in Section (a) shall operate with full effect regardless of any provision to the contrary in Title 51 RCW, Washington's Industrial Insurance Act. Aoounding|y, to the extent necessary to fully satisfy the Contractor's indemnification, defense, and hold harmless obligations set forth above in section A, Contractor specifically waives any immunity granted under Title 51 RCW, and specifically assumes all potential liability for actions brought by employees ufthe Contractor against the City and its elected and appointed officials, offioere,employees, attorneys, agents, and volunteers. The parties have mutually negotiated this waiver. Contractor shall similarly require that its Subcontractors, and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable inconnection with its performance of this Agreement, shall 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 provisions of this section shall survive the expiration or termination of this Agreement. d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. o. The terms of this section shall survive any expiration or termination of this Contract. 15. Contractor's Liability Insurance A1all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. Contractor shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public, Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured endorsement attached to the policy will be included with the certificate. This Certificate ufinsurance shall beprovided tothe City, prior 0ocommencement ofwork. City ofYakima Limited Public Works — Invitation mQuote zzuz*Signal Pole Replacement Page 1amzm The following insurance is required: a. Commercial Liability Insurance. Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000,00) per occurrence, combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. b. Automobile Liability Insurance. Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and Non -Owned coverage if necessary. c. Employer's Liability (Stop Gap): Contractor and all Subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent acts of all Subcontractor(s). Contractor is responsible to ensure Subcontractor(s) have insurance as needed. Failure of Subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or responsibility. Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any insurance, or self-insurance maintained by the City shall be in excess of the Contractor's insurance and shall not contribute to it. If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the Contract. Should a court of competent jurisdiction determine that this Contract 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 Contractor and the City, its officers, elected and appointed officials, employees, agents, attorneys and volunteers, Contractors liability hereunder shall be limited to the extent of the Contractor's negligence. City of Yakima Limited Public Works —Invitation to Quote 22024 Signal Pole Replacement Page 13 of 18 16' Severability Ifany term orcondition ufthis Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effectwithout the invalid term, condition orapplication. To this end, the terms and conditions u[this Contract are declared severable. 17. Contract Documents This Contract, the Invitation to Quote #22043S, Scope of Work, conditions, addenda, and modifications and Contractor's proposal (to the extent consistent with Yakima City documents) constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms cf this Contract, in that order respectively, supersede other inconsistent provisions. These Contract Documents are nnfile iOthe Office of the Purchasing Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated byreference into this Contract. 19. Termination 'Convenience This Contract may baterminated by either party bygiving thirty 80days written notice of such intent and will become effective thirty (30) days from the date such written notice is delivered to the applicable party to the Contract. 19.Terminatim 'Cause The City reserves the right to terminate this Contract at any time, upon written notice, in the event that the Services of Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions contained in this Contract. The effective date for such termination shall be upon receipt of the notice, or three days after the notice is mailed first class mail, certified with return receipt requested. 20. Force Majemre Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay.Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the reason for delay. 21. Governing Lamm This Contract shall begoverned by and construed in accordance with the lam of the State of Washington. 32. Venue The venue for any action hoenforce or interpret this Contract shall lie in a competent jurisdiction in Yakima County, Washington, 23. Authority The person executing this Contract, onbehalf ofContractor, represents and warrants that he/she has been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract. 24. Notice Any notice required or permitted to be given under this Contract shall be in writing and deemed effective if either delivered in person or by overnight courier, facsimile or first class mail, certified with return receipt requested. Notices to the pates shall be delivered to: TO CITY: City of Yakima TO CONTRACTOR: Attn: Susan Knntts,Buyer U City Hall —Second Floor 129North Second Street Yakima, WA 00801 KOobeysElectric, Inc. 801TeODart LD. 25. Survival The foregoing sections ofthis Contract, 1-24inclusive, shall survive the expirationurtermination cfthis Contract inaccordance with their terrns. IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written, CITY OF YAKIMA City Manager Date: Attest: City Clerk (ENTER NTRACTOR NA KnElectric, Date: 12.t1 Steve Soderstrom, Estimator (Print name) Site Visit Detail, Covld-19 City of Yakima Limited Public Works — Invitation to Quote 22024 Signal Pole Replacement Page 15 of 18 Due to the covid-19 pandemic and to ensure the safety of our employees and contractors all site visits shall be conducted as follows: 1. Each Contractor will be scheduled a specific one -hour block of time to perform its site visit. There shall be a minimum of thirty minutes between site visits. Site visits will be scheduled by contacting the Project Coordinator and will be scheduled on a first come, first served basis. 2. Each Contractor is required to maintain at least six (6) feet of separation from city staff as well as all other personnel present for the site visit. 3. Every person at the site visit is required to wear a face mask and protective gloves. Masks and gloves will be provided by the City if requested. Additional personal protective equipment may be used by the Contractor or staff and is encouraged. If a contractor does not request masks and gloves, and does not have the required protective equipment at the time of the site visit, the site visit will not occur. Thank you for your cooperation to ensure the safety of others while performing the site visit. If you have any questions regarding the site visit, or to schedule the site visit, please contact: Dan Nickoloff Office (509) 576-6746 Cell (509) 728-5818 Daniel.NickolotiOYakirriaWA.Gov City of Yakima Limited Public Works — Invitation to Quote 22024 Signal Pole Replacement Page 16 of 18 Client#: 182427 KNOBELECI ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 9/28/2020 LTRR TYPE OF INSURANCE p LIMITS )t POLICY NUMBER I MdI D/Jk`Y"�y' 4A6NC/r]D/YYYi A X COMMERCIAL GENERAL LIABILITY 6072298937 01/01/2020 01/01/2021 EACH OCCURRENCE $1,000000 CLAIMS -MADE OCCUR PREMISES O((Ea olccuE ence,) $100,000 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Propel Insurance Seattle Commercial Insurance 601 Union Street, Suite 3400 Seattle, WA 98101-1371 INSURED Knobel's Electric Inc 801 Tennant Lane Yakima, WA 98901 COVERAGES glMACr EMILY MUIR PH/wCNNo, Ext): 800 499-0933 Ca�� No 866 577-1326 E-MAIL EMILY.MUIR@PROPELINSURANCE.COM ADORESS; INSURER(S) AFFORDING COVERAGE INSURERA: Continental Insurance Company INSURER B: Transportation Insurance Company INSURER C : United States Liability Insurance Co INSURER D : INSURER E : INSURER F : NAIC # 35289 20494 25895 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, ADOL..SUBR LL ss POLICY EFF P LICY EXP XPD Ded:1,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY m,X JECT LOC OTHER: AUTOMOBILE LIABILITY X X ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY A A UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE DED X afETENT ONS1CO0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A A LEASED/RENTED EQ C EPL 6076183278 6072298954 6072298937 WA STOP GAP MED EXP (Any one person) $15.000 PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $1,000,000 $ 2,000,000 $ 2,000,000 $ )1 /01 /2020 01/01/2021 COMBINED t) SINGLE LIMIT Icciden BODILY INJURY (Per person) BODILY INJURY (Per accident) )1 /01 /2020 $1,000,000 PROPERTY DAMAGE (Per accident) 01/01/2021 EACH OCCURRENCE AGGREGATE $ $3 000 000 $3.000.000 01 /01 /2020 01/01/2021_ Mum, X t" EL. EACH ACCIDENT $1,00(r000 E.L. DISEASE -_EA EMPLOYEE $1,000,900 E.L, DISEASE - POLICY LIMIT $1,000,000 6072298937 1)1 /01 /2020 EPL1009255N 1)3/11 /2020 01/01/2021 100,000 03/11 /2021 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Yakima, its agents, employees, authorized volunteers, elected and appointed officials are included as additional insured. CERTIFICATE HOLDER City of Yakima Purchasing Department 129 N. 2nd St Yakima, WA 98901 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 1 of 1 #S4290510/M4081069 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SCA00 This page has been left blank intentionally. Contractors' General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured - Primary And Non -Contributory To Additional Insured's Insurance 3. Bodily Injury — Expanded Definition 4. Broad Knowledge of Occurrence/ Notice of Occurrence 5. Broad Named Insured 6. Broadened Liability Coverage For Damage To Your Product And Your Work 7. Contractual Liability - Railroads 8. Electronic Data Liability 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury — Exception for Reasonable Force 11. General Aggregate Limits of Insurance — Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage . 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability — Damage To Premises / Alienated Premises / Property In The Named Insured's Care, Custody or Control 16. Liquor Liability 17. Medical Payments 18. Non -owned Aircraft Coverage 19. Non -owned Watercraft 20. Personal And Advertising Injury — Discrimination or Humiliation 21. Personal And Advertising Injury - Contractual Liability 22. Property Damage - Elevators 23. Supplementary Payments 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation — Blanket 26. Wrap -Up Extension: OCIP CCIP, or Consolidated (Wrap -Up) Insurance Programs CNA74705XX (1-15) Page 1 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Contractors' General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through H. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. D. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. CNA74705XX (1-15) Page 2 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved.. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Contractors" General Liability Extension Endorsement E. Lessor of Premises An owner or lessor of premises leased to the Named Unwmned, or such owner or lessor's ram| estate mnanaQer, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ovvnanohip, maintenance or use of such part ofthe premises |aanod to the Named Unsmmmd, and provided that the mocmrnmmce giving rise to such bodily injury or property dmmmmge, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph dnmo not apply bo structural a|tenations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Mortgagee, Assignee or Receiver A mortgagme, aaoiQnaa or receiver of premises but only with respect to such rnohga8ma, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out ofthe Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural a|bonmUono, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. State onGovernmental Agency or Subdivision or Political Smbdivisions—Penmmits /\ state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage orpersonal and advertising injury arioinQoutof: 1' the following hazards in connection with premises o Named Insured owno, nente, or controls and to which this insurance applies: ' a' the axiotanoe, mainbanonoo, napair, conmtruction, enaotion, or nonnova| of advertising oigna, owningn, oanopiea, cellar ontnmnoom, coal ho|mo, drivmwaym, manho|eo, marquaee, hoiotaxvay oponingn, sidewalk vaults, street banners, ordecorations and similar exposures; or b' the oonotruotion, eneotion, or removal of elevators; or c' the ownorohip, maintenance or use of any o|emmbono covered by this insurance; o, 2' the permitted or authorized operations performed by o Named Insured or on a Named Ummummd"s behalf. The coverage granted bvthis paragraph does not apply to: a' Bodily injuny, property damage or personal and advertising injury arising out ofoperations performed for the state or governmental agency or subdivision or political subdivision; or b' Bodily injury orpmmperty damage included within the prod ucts-completedmpenatioms hazard. With respect to this pmovinimn'm requirement that additional insured status must be requested under awritten contract oragreement, the Insurer will treat as o written contract any governmental permit that naquinae the Named Insured toadd the governmental entity oomnadditional insured. H. Trade Show Event Lessor 1' With respect to m Named Inmurmd"s participation in o trade show event aa an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required bo- include as an additional inoured, but only with respect to such person or on0anization'm liability for bodily injury, property damage orpersonal and advertising injury caused by: a' the Named Umsured"sacts oromissions; or b. the acts or omissions of those acting on the Named Insured's behalf, CNA74705pX(1-15) Page 3 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright owAAll Rights Reserved. Includes copyrighted material mInsurance Services Office, |*c.with its permission. Contractors' General Liability Extension Endorsement in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard. 2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY — EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. CNA74705XX (1-15) Page 4 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Contractors' General Liability Extension Endorsement But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k. and I. and replace them with the following: This insurance does not apply to: k. Damage to Your Product Property damage to your product arising out of it, or any part of it except when caused by or resulting from: (1) fire; (2) smoke; (3) collapse; or (4) explosion. I. Damage to Your Work Property damage to your work arising out of it, or any part of it and included in the products -completed operations hazard. This exclusion does not apply: (1) If the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor; or (2) If the cause of loss to the damaged work arises as a result of: (a) fire; (b) smoke; (c) collapse; or CNA74705XX (1-15) Page 5 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Contractors' General Liability Extension Endorsement (d) explosion. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and is included within the product -completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor. C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy. 7. CONTRACTUAL LIABILITY — RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: Insured Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 8. ELECTRONIC DATA LIABILITY A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of: CNA74705XX (1-15) Page 6 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Contractors' General Liability Extension Endorsement| � (1) any access to or disclosure of any pareon'o ororQanizatimn's confidential or personal informmUon, including patentm, trade soorota, processing methods. customer |ists, financial infomnmUon, credit card information, health information or any other type of nonpublic information; or (2) the |oan of, loss of use of, damage to, corruption of, inability to mocmos, or inability to manipulate eUmctnmmUc data that does not result from physical injury to tangible property. However. un|aoe Paragraph (1) above applies, this exclusion does not apply todamages because of bodily injury. This exclusion applies even ifdamages are claimed for notification ooatg/ credit monitoring axpmnseo, forensic expenses, public ny|mUon expenses or any other |poo, cost orexpense incurred by the Named Insured or others arising out of that which is described in Paragraph (1) or (2) above. ` B. The following paragraph iaadded toLIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and mriaoa out ofelectronic data. C. The following definition ksadded boDEFINITIONS: Electronic data means information, facts orprograms stored mooron, created orused on, ortransmitted to or from computer software (including systems and applications oofbware), hand orfloppy disks, CO-ROK8G, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purpose ofthe coverage provided bvthis ELECTRONIC DATA LIABILITY Provision, the definition of property damage inDEFINITIONS iareplaced bvthe following: Property damage means: a' Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall bmdeemed booccur edthe time ofthe physical injury thatcmumedit; b' Lmaa of use of tangible property that is not physically injured. All such |ooa of use shall be deemed to occur atthe time ofthe occurrence that caused itor . c' Loss of, |oae of use of, damage to, corruption of, inability boaccess, orinability to properly manipulate electronic data, resulting from physical injury to tangible property. All such |oae of electronic data nho|| badeemed tooccur otthe time ofthe occurrence that caused it. For the purposes ofthis insurance, electronic data ionot tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this po|icy, then the $100.000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that higher limit. 9' ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The esbsbas. heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; pnovidod, hovvaver, coverage igafforded tosuch estates, hmina. |ago|'napnaomnbmUveo, and spouses only for claims arising solely out of their capacity or status as such and, in the case of spouse, where such claim seeks damages from marital community pmopodx, jointly held property orproperty transferred from such natural person Insured to such spouse. No coverage is provided for any act, error oromission of an eebsta. heir. legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse ofonatural person Named Insured and the spouses ofmembers orpartners ofjoint venture or partnership Named Insureds are Insureds with respect to such spouses' mots, errors or omissions in the conduct ofthe Named Unsured"sbusiness. CNA74705XX(1-15) Page 7 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright owAAll Rights Reserved. Includes copyrighted material mInsurance Services Office, /mo,with its permission. Contractors' General Liability Extension Endorsement 10. EXPECTED OR INTENDED INJURY — EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 3 Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. 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 shown in the Declarations, regardless of the number of projects involved. E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. CNA74705XX (1-15) Page 8 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Contractors' General Liability Extension Endorsement 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to: I. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: CNA74705XX (1-15) Page 9 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Contractors' General Liability Extension Endorsement i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: • the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co -employee while in the course of the co -employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. • the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the Named Insured's business; and CNA74705XX (1-15) Page 10 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved„ Includes copyrighted material of Insurance Services Office, Inc., with its permission. Contractors' General Liability Extension Endorsement (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: 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, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company; and If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program. 15. LEGAL LIABILITY — DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: j. Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or CNA74705XX (1-15) Page 11 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Contractors' General Liability Extension Endorsement maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products - completed operations hazard. Paragraphs (3) and (4) of this exclusion do not apply to property damage to: i. tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: a. property at a job site awaiting or during such property's installation, fabrication, or erection; b. property that is mobile equipment leased by an Insured; c. property that is an auto, aircraft or watercraft; d. property in transit; or e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. CNA74705XX (1-15) Page 12 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Contractors' General Liability Extension Endorsement C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C — Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: @@@@@@@@@@@@@@; or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and This Paragraph B. does not apply to medical expenses incurred in the state of Missouri. 18. NON -OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: CNA74705XX (1-15) Page 13 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Contractors' General Liability Extension Endorsement The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON -OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: • Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured. CNA74705XX (1-15) Page 14 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved, Includes copyrighted material of Insurance Services Office, Inc., with its permission. Contractors' General Liability Extension Endorsement Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE — ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows: CNA74705XX (1-15) Page 15 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission, Contractors' General Liability Extension Endorsement A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap- up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above -referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor 2. Bodily injury or property damage included within the products -completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amend to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. CNA74705XX (1-15) Page 16 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. , ^ ' Contractors' General Liability Extension Endorsement � C. DEFINITIONS h*amended boadd the following definitions: Consolidated (wrap-up) insurance program means mconstruction, erection ordemolition project hzrwhich the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project,ouohasonOvvnmr Controlled Insurance Program ((].C.|.P.)orContractor Controlled Insurance Program (C.C.|.P.). Residential structure means any structure vvhmna 30Y6 or more of the square foot area is used or is intended tobeused for human residency, including but not limited to: 1' single or nnu|Ufmnmi|y houning, apartmonto, omndominiunne, townhouoes, co-operatives orplanned unit developments; and 2' the common mname and structures appurtenant to the structures in paragraph 1. (including poo|e, hot tubs, detached garages, guest houses orany similar otructunee). Howovar, when there is no individual ownership of units, residential structure does not include military houain0, college/university housing or dormitories, long term oanm fmci|iUoe, hotels or motels. Residential structure also does not include hospitals orprisons. This WRAP.;UP EXTENSION: OCUP, CCUP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Pant. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms apart ofand iafor attachment hothe Policy issued bvthe designated Insurers, takes ofhaot on the effective dote of said Policy at the hour stated in said Po|ioy, unless another effective doba is shown � below, ^and expires concurrently with said Policy. CNA74705XX(1-15) Page 17 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright owAAll Rights Reserved, Includes copyrighted material o,Insurance Services Office, mo,with its permission. This page has been left blank intentionally. Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organization's liability for: A. unless paragraph B. below applies, 1. bodily injury, property damage, or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured's ongoing operations as specified in such written contract; or 2. bodily injury or property damage caused in whole or in part by your work and included in the products -completed operations hazard, and only if a. the written contract requires the Named Insured to provide the additional insured such coverage; and b. this coverage part provides such coverage. B. bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if: 1. this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. II. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. III. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this insurance CNA75079XX (1-15) Page 1 of 2 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement is required by written contract to be primary and non-contributory, this insurance will be primary and non- contributory relative solely to insurance on which the additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (1-15) Page 2 of 2 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission„ POUCY NUM 0• This endorsement modifies insurance prom AUTO' ' rs. COVERAGE F NESS AUTO • • r GE F MOTOR CARRIER COVERAGE F • \Nth r to the encb This endorseme below verage prom • I ZO 0' • ':-111 *0 under the fdlowing: A I tZ • AL A CA 04 44 10 13 by this endorsement, the provisions of the Coverage Form apply unless modified by the policy effective on the i s) Of s) Or • . 'zation(s): 110 ion date of the policy unless another date is indicated "Any person or organization for whom the named insured is operating under written contract when such contract requires a waiver of subrogation." Information required to The T R To Lb 400 • on I* • ete this Schedule, if not shown above, iD be shown in the 0 not -#41 to the person(s) or 0 # . "zation(s) in the # 4 0 e, but only to the extent that - of ogation is %aimed prior to the "accittrt or the 104,-"" Li a *# .** with that *- -• or organization. Izo arations. CA04441013 ©Insurance Services Office, Inc., 2011 1 of 1 This page has been left blank intentionally. POLICY NUMBER: COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOS This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM Y C With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 This page has been left blank intentionally.