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HomeMy WebLinkAboutKnobel's Electric, Inc. - Agreement COY Invitation to Quote #22102SAGREEMENT CITY OF YAKIMA INVITATION TO QUOTE #22102S THIS AGREEMENT, entered into on the date of last execution, between the City ofYakima, oWashington 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 1. Scope of Work The Contractor shall perform all work and and furnish all tools, materials, labor and equipment (collectively referred to as "8orviooy1 00000d(nQ to the pmcodVny outlined in the specifications oyQuote #321028Traffic Signal Base 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 /mestimated 0obucompleted within 4Owork days. Final work schedule shall becoordinated with Project Coordinator Dan Nicko|otSenior Traffic Systems Technician, (5OS)57O-O748or(5O9)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 Contractand 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 inthe 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 bemade byocontract modification that will become eYeoUveuponexeuuUonbvdleparbaa hereto. Any oral statement orrepresentation changing any of these terms orconditions iuspecifically unauthorized and ionot valid. Contractor may bmrequired tnprovide mdetailed cost estimate for the proposed change. 4. Agency Relationship between City and Contractor Contractor shall, atall times, ieonindependent Contractor and not unagent orrepresentative of City with regard to performance ufthe Services. Contractor shall not represent that �io.orhold itself out as, onagent urrepresentative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City. S. Successors and Assigns e. Neither the City, nor the Cuntroctor, oho|| oouiQU, transfer, orencumber any hgNs, duUoo' or interests accruing from this Contract without the prior written consent oythe other. U. The Contractor for himself, and for his heino, mxooutono, mdminiaLratonu, auuceoaonm, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the pad 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 orpart, now oroLany time disclose that information without the express written consent ofthe 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 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. 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: htlps;//fgrtress,wa.govflnilwagel vkup/DrvW'egelookup.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, January 28, 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 (71(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 ' < k_4 ;, and the actual rate of wages paid, for each laborer, worker, and mechanic employed bythe Contractor for work performed Onepublic works project. CDAContractor shall, within ten days after it receives a written request, from the department or from any interested party as defined by RCW copy ofthe 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 o[this Contract, the Contractor agrees oafollows: The Contractor shall not discriminate against any person 0Othe grounds nYrace, creed, color, religion, national origin, sex, age, marital status, sexual orientation, pregnancy, veteran's status, political affiliation or belief, or the presence of any S9DSU[y, nleOte| or physical handicap in violation of the Washington G1e18 Law Against Discrimination (RCYV chapter 4S.8U)orthe Americans with Disabilities Act (42UGC12101et seq.). This provisionshall include but not belimited to the following: empluymeOt. upgrading, demotion, t[@Osfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision ofServices under this Agreement. In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such ru|eu, regulations, or orders, this Contract may be cancelled, 0unn|nated, or suspended in whole or in pert and the Contractor may badeclared ineligible for any future City contracts. 14. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in performing the Services to prevent injurytopenmonour 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, |iob|||t|ao. penalties, fines, |awmuitm, and other proceedings and all judgments, awandu, 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, omployees, agants, attorneys or volunteers, pursuant tothis Contract, each party shall be liable for its proportionate share of negligence for any r*oU|Ung uuit, judgment, a«L|on, daim, domand, damages or costs and expenses, including reasonable oUomeya'foeu. o. Contractor's Waiver nfEmployer's Immunity under Title 51RCW. |fany design nrengineering 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 inTitle 51 RCW, Washington's Industrial Insurance Act. Accordingly, to the extent necessary to fully satisfy the Contractor's |ndemnifioeUon, defnnne, and hold harmless obligations set forth above in section A. Contractor specifically waives any immunity QmO0ud under Title 51 RCYV, and opauihooUy 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 boliable in connection with its performance of this Agreement, shall comply with the terms of this paragraph, waive any immunity granted under Title 51 RCVV.and assume all potential liability for actions brought bytheir 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 cnoa0a a liability ora right of indemnification iOany third party. e The terms of this section shall survive any expiration mtermination of this Contract, 15. Contractor's Liability Insurance At all Umuo during performance of the Gamiuoo and this Contract, Contractor shall secure and maintain in effect insurance to protect the City and Contractor from and against any and all u|a|mu. damages, |Vume9. and expenses arising out ofurresulting from the performance Oythis Contract. Contractor shall provide and maintain iOforce insurance in limits no |emo than that stated be|ow, as applicable. The City reserves the right to require higher limits should itdeem itnecessary inthe best interest ofthe public. Contractor will provide a Certificate of Insurance to the City as evidence cfcoverage 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 Ofinsurance shall baprovided 0Jthe City, prior to commencement ofwork. The following insurance iorequired: o. 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 cfTwo Million Dollars /$2.UUO.UO0.00\per occurrence, combined single limit bodily injury oOd property damage, and Two Million Ool|onn /$2.000.000.00A general aggregate. |fContractor 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 ooadditional 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 beineffect for the duration ofthis Contract. The policy shall name the City ofYakima, 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 noUue. The insurance oho|| be with on insurance company or companies rated A-V|| or higher inBeot'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 |nany manner limit orqualify the liabilities orobligations assumed byContractor under this b Automobile Liability Insurance. Before this Contract is fully executed bvthe parties, Contractor shall provide the City with acertificate of insurance as proof ofautomobile liability insurance with aminimum liability limit ofTwo Million Dollars /$2.0OO.UOO.O0per occurrence. If Contractor carries higher coverage Umdo. such Umdo ohm| be shown on the Certificate of Insurance and Endorsements and the C|h/' its elected and appointed offidals, amployees, agonto, attorneys and volunteers shall be named as additional insureds for such higher limits. The mort|fina0o 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/neffect for the duration o[this Contract, The policy shall name the City uyYakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain aclause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance ohoU be with an insurance company Vrcompanies rated A-V|| or higher in Bemf8 Guido and admitted in the State of Washington. The requirements contained henoiO, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not inany manner limit urqualify the liabilities nrobligations assumed byContractor under this contract. The business auto liability shall include Hired and Non -Owned coverage if necessary. c. Employer's L|mbN|b/ (Stop Gap). Contractor and all Subcontnador(o)ehaU otall times comply with all applicable workers' oompWnsaUon, occupational diseuoa, and occupational health and safety lays, stotuboo, and nogV|oUone tothe full extent 8pp||cab|u, 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 ootn of all Guboon8roctor(o). Contractor is responsible to oDsUou Subcontractor(s) have insurance asneeded. Failure of Subcontractors(s) to comply with insurance requirements does not limit 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 overnight 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 Attn: Susan Knotts, Buyer II City Hall —Second Floor 129 North Second Street Yakima, WA 98901 TO CONTRACTOR: Knobel's Electric, Inc. qto 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 a. of the day and r first above written, CITY OF YAKIMA City Manager Date: Attest: "t rerk CITY CONTRACT NO: RESOLUTION NO: KNO By: ECT RIC, Date: (Print name) "ta ' ••... • .,•::•;ti••••• :....Y..•.•s• ,...•.•At'...:."7.:,.:.*:r. 3.,.....I..,...:%.,•••,..:.. .••••0•• .4.......'14, ....1... i';:,:14:•'"''''."::. ''' ... "44,!:••)!'i.... ..:.ii::: ....1t.':•,..,:••'''.t........;):••.4, , e •-•,1: • "....•••••• ••••:.::.•••••••;,,,,.... 4. ..„ ...• .. •••7•4: ,.:(,..,•4,:..'0.):.. ...........ii.:,;....,.',...q.. Subcontractor Responsibility 1. The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its Subcontractors to include substantially the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all Subcontractors regardless of tier. 2. At the time of subcontract execution, the Contractor shall verify that each of its first tier Subcontractors meets the following bidder responsibility criteria: a. Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract quote submittal; b. Have a current Washington Unified Business Identifier number (UBI); 3. If applicable, have: a. Industrial insurance (worker's compensation) coverage for the Subcontractor's employees working in Washington as required in Title 51 RCW; b. A Washington Employment Security Department number as required in Title 50 RCW; c. A Washington Department of Revenue state excise tax registration number as required in Title 82 RCW; b. An electrical Contractor license, if required by Chapter 19.28 RCW; c. An elevator Contractor license, if required by Chapter 70.87 RCW. 4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3). 5. Until December 31, 2013, not have violated more than one time the off -site, prefabricated, non-standard, project specific items reporting requirements of RCW 39.04.370. 6. For public works projects subject to the apprenticeship utilization requirements of RCW 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. 7. Per RCW 39.04.350 and RCW 39.06.020, has the Subcontractor had Labor and Industries Training or are they exempt? City of Yakima Limited Public Works — Invitation to Quote 22102S Traffic Signal Base Replacement Page 7 of 19 Certification of Compliance with Wage Payment Statutes (To be submitted with uote For ) The bidder hereby certifies that, within the three-year period immediately preceding the quote solicitation date j � � m ), 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 ❑ 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 22102S Traffic Signal Base Replacement Page 8 of 19 AGREEMENT CITY OF YAKIMA INVITATION TO QUOTE #22102S THIS AGREEMENT, entered into on the date of last execution, 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 #22102S Traffic Signal Base 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 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 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 22102S Traffic Signal Base Replacement Page 9 of 19 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 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 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. City of Yakima Limited Public Works — Invitation to Quote 22102S Traffic Signal Base Replacement Page 10 of 19 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: httDs://fortress.wa.aovlln lwagelookuNprvWagelaokgp.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, January 28, 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 296.127.014(1), and overtime hours worked each day and week, including any employee authorizations executed pursuant to WAC 296-127 022 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 3912.010(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 22102S Traffic Signal Base Replacement Page 11 of 19 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 22102S Traffic Signal Base Replacement Page 12 of 19 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, Contractor's liability hereunder shall be limited to the extent of the Contractor's negligence. City of Yakima Limited Public Works — Invitation to Quote 22102S Traffic Signal Base Replacement Page 13 of 19 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 Contractors 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 TO CONTRACTOR: Attn: Susan Knolls, 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. City of Yakima Limited Public Works — Invitation to Quote 22102S Traffic Signal Base Replacement Page 14 of 19 IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written. CITY OF YAKIMA (ENTER CONTRACTOR NAME) By: City Manager Date: Date: Attest: (Print name) City Clerk City of Yakima Limited Public Works — Invitation to Quote 22102S Traffic Signal Base Replacement Page 15 of 19 Site Visit Detail, Covid-19 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.NickoloffftYakirnaWA.Gov City of Yakima Limited Public Works — Invitation to Quote 22102S Traffic Signal Base Replacement Page 16 of 19 this Ar&CIRCYP SAMPLE CERTIFICATE OF INSURANCE CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) JRREN1 DATE THIS CERTIFICATE 19 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 an does n1 canror andorsementis). PRODUCER INSURANCE AGENT ISSUING CERTIFICATE INSURED Entity Insured Address COVERAGES A INSURANCE AGENT INFORMATION tok,, INSURERMAFFORDING COVERAGE INSURER A : A -VI!! OR BETTER, ADMITTED CARRIER INSURER NAIC INSURER C INSURER D : INSURER E : INSURER F : 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. CLAIMS•MADE rgl OCCUR AGGREGATE LIMIT APPLIES PER: r X 78'LJLOC ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON•OWNED AUTOS ONLY PO POLICY NUMBER POLICY NUMBER START DATE START DATE EACH OCCURRENCE LIMITS s 2,000,000 tore a $ 100,000 $ 5,000 STOP PERSONAL & ADV INJURY $ 1,000,000 DATE GENERAL AGGRE ATE 2,000.000 STOP DATE PRODUCTS - COMPIOP AGO 2,000,000 Li BODILY INJURY (Per person) 2,000,000 BODILY INJURY (Per acddent) UMBRELLA LIM EXCESS LIAB RETRYTION OJAPENSATION VERS. LIABILITY Y / N IETOFSVRTNERiEXECUTIVE 7 EREXCLUDE-O? In NH) ti N T NIA POLICY NUMBER STOP GAP/ EL ONLY START DATE STOP DATE AC AGGREGATE TH EACH ACCIDENT $ 1,000,000 L DISEASE - EA EMPLOYEE S 1,000,000 E L DISEASE POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space le required) The City 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 CANCEL City of Yakima Purchasing Department 129 N. 2nd St. Yakima, WA 98901 ACORD 25 (20113/03) TIO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE SIGNATURE 01958-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD City of Yakima Limited Public Works — Invitation to Quote 22102S Traffic Signal Base Replacement Page 17 of 19 POLICY NUMBER: SAMPLE ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - 0 NERS, LESSEES OR CONTRACT° S - SCHEDULED P SON OR ORGAN! TON This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organlzatlon(s): The City of Yakima, its agents, employees, authorized volunteers, elected and appointed officials are Included as PrImary/Non-Contributory additional insured. Locatlon(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 Injury', "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 0 City of Yakima Limited Public Works — Invitation to Quote 22102S Traffic Signal Base Replacement Page 18 of 19 City of Yakima Limited Public Works — Invitation to Quote 22102S Traffic Signal Base Replacement Page 19 of 19 ATTACH ENT B QUOTE #22102S TFFIC SIGNAL BASE REPLACEMENT PAYMENT SCHEDULE CITY OF YAKIMA LIMITED PUBLIC WORKS INVITATION TO QUOTE # 22102S FOR NON -FEDERALLY FUNDED WORK BETWEEN $10,000-35,000 PROJECT NAME: Traffic Signal Base Replacement LOCATION: 4o"and Lincoln ISSUE DATE: January 2g,2m2x CITY PROJECT Dan Nichmnff,Senior Traffic Systems Technician (509)576-6746or(509)728-5818 RETURN QUOTES TO: Susan, KnottS,8aYakima WA, acv 0UEDATE/T|N1E: February 19,2021 @ 2:00PK0 QUOTEFORM Small Works Roster Project Contractor must be signed up with WWW.MRSCROSTgRS.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 prulect � Intent to Pay Prevailing Wages, and Affidavit vfPrevailing Wages paid must befiled byboth the General Contractor and any Subcontractors working on the project, at Contractor's expense' and posted a, approved by Labor and Industries (U&|) prior to payment. See attached contract for further details. Certificate ofInsurance 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 tobeaddressed aoshown and include anattached &dd�i:ionmlInsured 5m*omelment,orbwill bereturned to you for correction and you will not be able to start work until it is accepted. Subcontractors must also submit Certificates uf 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 bescheduled with the Project Coordinator listed above, on or before February 12, 2021. No site visits will be scheduled after February 12, 2021. Toarrange asite visit, contact the Project Coordinator. Coordination ofWork Contractor will coordinate his/her mmrh with the City of Yakima Pu4m1 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 mnbecompleted M-F,8i0am. to5:0Up.m,excluding legal holidays. Contractor will ^pecifvworking 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)ca6|e. pedestrian push button cable. Possibly upgrade existing pull box, dismantle existing shaft and arm and deliver to city yard. Set new signal shaft, signal arm and three signal heads, all provided by the City of Yakima. Re -install pedestrian push buttons per ADA distance requirements. Re -install pedestrian signal indications. Demo existing signal base bolts as not to interfere with pedestrian foot traffic. Repair side walk. City of Yakima Limited Public Works — Invitation mQuote 22m2S Traffic Signal Base Replacement Page 1 of 18 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, 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, 2" conduit. City of Yakima will provide new signal pole, signal arm and heads. *Bidder may quote alternate process for City consideration: Yes Q 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 o e O.) year on work. Warranty: Mlrail um of one (1.) year on rriaterlals. Permit Required: Yes [jx 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 Name of Authorized Company Representative (Type or Print) S WMBE/DBE Vendor Certification Number (if applicable) I hereby acknowledge receiving Addendum (a) (Use as many spaces as addenda received. Title Phone Number 52)cl -9tS'� VAC M w Ci.ki�tlr� City of Yakima Limited Public Works — Invitation to Quote 22102S Traffic Signal Base Replacement Page 2 of 18 CITY OF YAKIMA LIMITED PUBLIC WORKS INVITATION TO QUOTE # 22102S 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 https://ww y.cdc. ov/coronavirus2019iincovlciammunity/guidance-business-response.h rnl tittosillwww,osha,gov/PublicationsiOSHAFS-3747.0df 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 mare 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 221025 Traffic Signal Base 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: https: Jwww,vakimawa.aov/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 22102S Traffic Signal Base 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 City's pnoperty, 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 mmrh shall consist of repair of any incidental damages to walls, moldings, electrical, flooring, landscaping, fencing, paved areas, top soil, tun[ orother miscellaneous items within oradjacent tothe 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 tothe Final Inspection and Acceptance When the Contractor considers the work physically complete and ready for final inspection, the Contractor shall request the [it/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 xxhatexe, steps are necessary tocorrect 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 88901. Toinsure 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 toreflect hours worked and material costs. S. Retainage (Must be withheld ot20% inorder towaive performancelpaymentbonds) 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 uptmthe time ofcompletion and acceptance ofjob. Each invoice submitted by the Contractor shall include two separate line items. The first line item is to reflect the total price of thejob 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 OfYakinna'sacceptance ofcompleted work. City nfYakima Limited Public Works — invitation mQuote zz1uasTraffic Signal Base Replacement Page sofuo BIDDER RESPONSIBILITY FORM (To su fitted with cote For 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 #: Effective Date: Expiration Date: ( 2. Have a current Washington Unified Business Identifier (UBI) number: # 3. If applicable: a. Have Industrial Insurance (workers' compensation) coverage for the bidder's employees working in Washington, as required in Title 51 RCW; Is account current? Yes/No b. Have a Washington Employment Security Department number, as required in Title 50 RCW; 6 c. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; # `' I - "1 it.77) Le ) 4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). Is Contractor disqualified? N D 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? Iso 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? 7. Per RCW 39.04.350 and RCW 39.06.020, has the Con exempt? Training Complete ❑ Exempt Is Contractor in compliance? Yes/No or had Labor and Industries Training or are they City of Yakima Limited Public Works — Invitation to Quote 221025 Traffic Signal Base 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. J. 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 (U8|); 3. Ifapplicable, have: a. Industrial insurance (worker's compensation) coverage forthe Subcontractor's employees working in Washington as required inTitle 51 R[VV 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. Anelectrical Contractor license, ifrequired byChapter 192QR[VV c. Anelevator Contractor license, ifrequired byChapter 7U.O7RCVV. 4. Not bedisqualified from bidding onany public works contract under RCW 38.06.010or3912.065(3). S. Until December 31,2D13,not have violated more than onetime the off' ite,prefabricated,non'gondard, project specific items reporting requirements ofR[VV39.O4.37O. G. For public works projects subject tothe apprenticeship utilization requirements ofRCVV3l).0432O 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 R[VVfor the one-year period immediately preceding the first date of advertising for the project. 7. Per R[VV 39.04 95O and R[VV 39D6.020has the Subcontractor had Labor and Industries Training or are they exempt? City ofYakima Limited Public Wnrks—/nvitatio to Quote 221025Traffic Signal Base Replacement Page vm10 �10 �;k;110" 61NA � � � #,, *A='r.- _k�,_ Certification of Compliance with Wage Payment Statutes (To �����,Wth #upte F6mnr) The hereb certifies that, within the three-year period immediately preceding the quote solicitation datei'; t that the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision ofchapters 43.46' 49.48. or49.SZ RCVV' as determined by 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 uflimited urgeneral jurisdiction. | certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. ofAuthodzm7 Of@cia|* Printed Name I NIN Title ��� � ( ���� � —1 Check One: Individual O Partnership [] Joint Venture [] Corporation State of Incorporation, or if not a corporation, State where business entity was formed: ifoco,partnpnhip'give firm name under which business |stransacted: I *ifocorporation, proposal must beexecuted in the corporate name bythe president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co -partnership, proposalmust be executed by a partner. City ofYakima Limited Public Works — Invitation toQuote aa102STraffic Signal Base Replacement Page mof 28 801 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 AN EQUAL OPPORTUNITY EMPLOYER Client#: 182427 KNOBELECI ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/24/2020 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 Parr EMILY MUIR Erb i c:NLE0 , E x ,ty 800 499-0933 A No) 866 577-1326 EMILY.MUIR@PROPELINSURANCE.COM ' DDRE$St NSU S) AFFORDING COVERAGE INSURER A: Western National Assurance Company NAIC # 24465 INSURED Knobel's Electric Inc 801 Tennant Lane Yakima, WA 98901 COVERAGES INSURER B United States Liability Insurance Co INSURER C : INSURER D : INSURER E : INSURER F : CERTIFICATE NUMBER: REVISION NUMBER: 25895 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL WEIR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE _Mk MO POLICY NUMBER AMMIGOIYVYYLLMM/DDIYYYY) LIMIT A A „ — X COMMERCIAL GENERAL LIABILITY CPP 1253838 00 )1/01/2021 01/01/2022 EACH OCCURRENCE $t,O00,000 CLAIMS -MADE PD Ded.1 000 OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY OTHER: X PRO- JECT LOC AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY X HIRED AUTOS ONLY A A A X UMBRELLA LIAB EXCESS LIAB SCHEDULED AUTOS y NON -OWNED "s AUTOS ONLY OCCUR CLAIMS -MADE DED X RETENTION $10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y IN ANY PROFRIETORIPARTNER/EXECUTIVE(— OFF ICERJMEMBER EXCLUDED? N (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below LEASED/RENTED EQ EMPLYMT PRACT LIB CPP 1251106 00 N/A UMB 1042931 00 CPP 1253838 00 WA STOP GAP CPP 1253848 00 EPL1009255N D1/01/2021 RAMinEVoNcrIgoce) $ 100,000 MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE $15,000 $1,000,000 $2,000,000 PRODUCTS - COMP/OP AGG $2,000 000 01/01/2022 FaiaacmtISINGLE LIMIT BODILY INJURY (Per person) $1,000,000 BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) D1/01/2021 )1/01/2021 01/01/2021 )3/11/2020 01/01/2022 EACH OCCURRENCE AGGREGATE 01/01/20227:177,-EuIE ?,L12-4-H- 01/01/2022 03/11/2021 $ $3,000,000 $3,000,000 E,L. EACH ACCIDENT $1 000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 EL DISEASE - POLICY LIMIT $1,000,000 100,000 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Yakima and the County of Yakima, its agents, employees, authorized volunteers, elected and appointed officials are included as Primary/Non-Contributory additional insureds. See attached Additional Insured Endorsement CERTIFICATE HOLDER City of Yakima/County of Yakima Purchasing Department 129 N. 2nd Street 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 #S4416070/M4416053 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD LAROO This page has been left blank intentionally. . COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, This endorsement modifies insurance provided under the following: - COMMERCIAL GENERAL LIABILITY COVERAGE PART 1' Additional Insured Operations - A. SectionUU—WhoUsAnUnmunedhsamended toinclude ononadditional insured: (1) Any person ororganization for whom you are performing operations when you and such personororganization hovoaQread in writing in a contract nragreement that such person ororganization bmadded aa anadditional insured onyour policy; and (2) Any other person ororganization you are required toadd aaanadditional insured under the contract or agreement de- scribed inParagraph 1.above. Such person(s) ororganizaUmn(n) is on odd- tiona| insured only with respect tliability for "bodily injury", "property damage" or "per- sonal and advertising injury" caused, in whole orin part, by: a' Your acts oromissions; or b. The acts oromissions ofthose acting on your behalf; in the performance of your ongoing opera- tions for the additional insured. B. With respect to Additional Insured - Opera- tions, coverage is limited as follows: This insurance does not apply to "bodily in- jum~cir"property damage" occurring after: (1) All vvork, including mmbaria|o, parts or equipment furnished in connection with such work, onthe project (otharthanoor- vica, maintenance or repairs) to be per- formed by or on behalf ofthe 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 ordammgeehmeohaeboanput to its intended use by any person oror- ganization other than another contractor mrsubcontractor engaged in performing operations for aprincipal meapart ofthe same project. 2' AdditionsUUnsunwd—Commpyeted Operations A. SectUonUU—WhoUmAnUnsmmmdiommandod toinclude moanadditional insured: (1) Any person ororganization for whom you are performing operations when you and such person ororganization hmvamgpeed in writing in o contract oragreement that such person ormrganizaUonboaddmdoa onadditional insured onyour policy; and (2) Any other person ororganization you are required toadd as an additional insured under the contract or agreement de- scribed inParagraph 1'above. Such peroon(o)oror8an|omUon(n)ioonaddi- tional insured only with respect tliability for "bodily injury", "property damage" or "per- sonal and advertising ijun/'omuned.invvho|o or in pmd, by: a' Your acts oromissions; or b. The acts oromissions ofthose acting on your behalf; and included in the "prod ucts-com pleted op- erations hazard". WN GIL 139 06 18 Includes copyrighted material of Insurance Services Office,|nc.with its permission. Page I of 2 B. With respect to Additional Insured — Com- pleted Operations, coverage is limited as fol- lows: (1) A person or organization's status as an in- sured under Additional Insured — Com- pleted Operations continues only for the period of time required by any written con- tract or agreement. (2) The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and ad- vertising injury" arising out of "your work" for which a consolidated (wrap-up) insur- ance program has been provided by the prime contractor -project manager or owner of the construction project in which you are involved. 3. Primary and Noncontributory The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek con- tribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured un- der such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be pri- mary and would not seek contribution from any other insurance available to the additional insured. 4. Other Provisions Applicable to Additional In- sured — Operations and Additional Insured — Completed Operations A. The Amendment of Insured Contract Defini- tion (Endorsement CG 24 26) does not apply to an additional insured. B. The coverage provided under Paragraph f. of the definition of "insured contract" under Sec- tion V — Definitions does not apply to an ad- ditional insured under this endorsement un- less required by a written contract or agreement. C. The insurance afforded to such additional in- sured only applies to the extent permitted by law; and If coverage provided to the additional insured is required by a contract or agreement, the in- surance afforded to such additional insured will not be broader than that which you are re- quired by the contract or agreement to provide for such additional insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: (1) The minimum amount required by the contract or agreement; or (2) The Limits of Insurance shown in the Dec- larations; whichever is less. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Dec- larations. E. With respect to the insurance afforded to these additional insureds, the following addi- tional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "per- sonal and advertising injury" arising out of the rendering of, or the failure to render, any pro- fessional architectural, engineering or survey- ing services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negli- gence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any profes- sional services by you with respect to your providing engineering, architectural or survey- ing services in your capacity as an engineer, architect or surveyor. WNGL1390618 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. S. T IIL GL AGG UCTIO ' OJ ) wGAT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): PER WRITTEN CONTRACT OR AGREE- MENT WHERE YOU AGREED TO PRO- VIDE A SEPARATE GENERAL AGGRE- GATE LIMIT FOR EACH PROJECT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes le- gally obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by acci- dents under Section I — Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Proj- ect General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project Gen- eral Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed oper- ations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Desig- nated Construction Project General Aggre- gate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section 1 — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Opera- tions Aggregate Limit, whichever is ap- plicable; and CG 25 03 05 09 Insurance Services Office, Inc., 2008 Page 1 of 2 2. Such payments shall not reduce any Des- ignated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property donnaQe^ in- cluded in the "prod uota'nmmp|etod operations hazard" will reduce the Producta'connp|eted Operations Aggregate Limit' and not reduce the General Aggregate Limit nor the Desig- nated Construction Project General Aggregate D. If the applicable designated construction proj- ect has been abandoned, dn|oyod' or aban- doned and then restarted, or ifthe authorized contracting parties deviate from plans, blue- prints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section UUU — Limits Of In- surance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 c Insurance Services Office, Inc., 2008 CG 25 03 05 09 COMMERICAL GENERAL, LIABILITY ��o� ���� ERCIAL GENERAL LIABILITY ENHANCE EN. ENDORSE � � The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage en- hancements. The following is e summary of broadened oomanygae provided by this endorsement. No oovenyga is pro\Aded by this summary, refer to following endorsement for changes in your policy. - SUMMARY OF COVERAGES Bodily Injury And Property Damage Liability 0 Non Owned YVabmn:nsft Up To 50 Feet -........... x-.~/-,~`-`',-�_...~~-~~........ ..'-.~-.2 Property Damage Liability w^ Be\ratone �^�3 ° Fire. UQhtning, Explosion OrSprinkler Leakage Exception .............. -~.,,.,^,,__,`,^°,~.~=3 • Borrowed Equipment ($25,000 Per Occurrence, $50.000 Aggregate, Supplementary Psyments-Amended * Bail Bonds Up To $5.OD0................. _~~~-.^.-............ _.°��',_.~_~____@_����_�^��~4 Who IsAnInsured Amendments ° Employee Bodily Injury TbACo-Employee ........................................................ ^....... • Newly Formed [)rAcquired Organizations For UpTo18UDays ~_=`.-�._^-°4 ° Blanket Additional Insured - Vendors -AoRequired ByContract ............... .......... _~^^^_-4 "" Blanket Additional Insured - Lessor OfLeased Equipment ......................... ...... -~..,-_--°6 ° Blanket Additional Insured - Managers OrLessors OfPremises _~,..~-.J6 * Blanket Additional Insured - State QrGovmmmenba| Agency Or8ubdi\,ioion OrPolitical Subdivision - Permits OrAuthorizations ................................ _....... _7 • Blanket Additional Insured -StateOrGmemmental Agency OrSubdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises ........ 8 Damage ToPremises Rented ToYou -$3OODO0................................................. ^_,,_^___~~^^~'q Medical Payments Increased Limit -$10,00DOr Amount Shown on Declarations ... ....... .... �.. � 9 Conditions • Knowledge of Occurrence, Offense, Claim Or Suit Amended. ........... -_.-~..~^_--._...... ~_.9 • Unintentional Failure ToDisclose Hazards .................................... ~~=~_.~"-_°._.~~....... D Personal And Advertising Injury Redefined a Televised, Videotaped Or Electronic Publication_ ..... _~_~........ _~,....... _........... .10 Includes copy rig hted niateria I of the Ins u rance Sery ice Cff ice, Inc., w ith its permis s ion . Page I of 10 COMMERCIAL GENERAL LIABILITY WNGL390818 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CO ERCIAL GENERAL LIABILITY ENHANCE ENT ENDORSE ENT This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. SECTION I — COVERAGES AMENDMENTS COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY A. Non Owned Aircraft Or Watercraft Item 2. Exclusions, Paragraph g. is replaced by the following: g• Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrong- doing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved in the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 50 feet long; and (b) Not being used to carry persons or prop- erty for a charge; This Subparagraph (2) applies to any person, who with your expressed or implied consent, either uses or is responsible for the use of the watercraft; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured con- tract" for the ownership, maintenance or use of aircraft or watercraft; or "Bodily injury" or "property damage" arising out of: (5) (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f. (2) or f. (3) of the definition of "mobile equip- ment". B. Damage To Property Coverage Extensions Item 2. Exclusions, Paragraph j. is replaced by the following: j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restora- tion or maintenance of such property for any reason, including prevention of injury to a person or damage to another s property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; WNGL390818 Includes copyrighted material of the Insurance Service Office, Inc.,w ith its permission. Page 2 of 10 Property loaned to you; Personal property in the care, custody or con- trol of the insured; That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion or sprinkler leakage) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III — LIMITS OF INSURANCE. However, the provisions of this paragraph do not apply if coverage for Damage To Premises Rented To You is excluded by endorsement. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while not being used to perform operations at the jobsite. Subject to Paragraph 2. of SECTION III —LIMITS OF INSURANCE, the rules below fix the most we will pay for "property damage" under this provision: (1) $25,000 any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence"; (2) $50,000 annual aggregate; and (3) (3) (4) (5) We will pay only for damages in excess of $2,500 as a result of any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence". We may, or if required by law, pay all or any part of any deductible amount, if applicable, to effect settlement of any claim or "suit". Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -com- pleted operations hazard". The insurance provided for "property damage" from the use of elevators and for "property damage" to borrowed equipment is excess over any other valid and collectible property insurance (including any de- ductible portion thereof) available to the insured whether primary, excess, contingent or on any other basis. C. Damage To Premises Rented To You Item 2. Exclusions, the last paragraph is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Paragraph 6. of SECTION III — LIMITS OF INSURANCE. COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY D. Personal And Advertising Injury Item 2. Exclusions is amended by replacing Sub- paragraphs b. and c. with the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication, in any manner, of material whose first publication took place before the beginning of the policy period. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B E. Supplementary Payments — Coverages A and B Item 1. is amended by replacing Subparagraphs b. and d. with the following: b. Up to $5,000 for cost of bail bonds required be- cause of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to $500 a day because of time off from work. WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 3 of 10 SECTION II — WHO IS AN INSURED AMENDMENTS A. Employee Bodily Injury To A Co -Employee Paragraph 2. a. (1) is replaced by the following: However, none of these "employees" or "volunteer workers" are insureds for "bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co - "employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of the co -"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if a suit seeking damages for "bodily injury" or "personal and advertising injury" to any co - "employee" or other "volunteer worker" arising out of and in the course of the co -"employee's" or "volunteer worker's" employment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of the co"employee" or other "volunteer worker", is brought against you or a co - "employee" or a "volunteer worker", we will reimburse the reasonable costs that you incur in providing a defense to the co"employee" or "volunteer worker" against such matters. Any reimbursement made pursuant to this sub -section will be in addition to the limits of liability set forth in the Declarations. B. Newly Acquired Organizations Paragraph 3. a. is replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; The following are added: C. Blanket Additional Insured — Vendors — As Re- quired By Contract 1. Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) (referred to throughout this endorsement as vendor) with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. However, a. The insurance afforded to such vendor only applies to the extent permitted by law; and b. If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. 2. With respect to the insurance afforded to these vendors, the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay dam- ages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (3) WNGL390818 Includes copyrighted material of the Insurance Service Office, Inc., w ith its permission. Page 4 of 10 Any failure to make such inopeotione, odjustments, bests or servicing as the mondor has agreed to make or normally undertakes to make in the usual course of buminaoa, in connection with the distribution or sale ofthe products; (6) Demonstration, installation, servicing or repair opeotione, except such operations podbnnad at the vendor's premises in connection with the sale of the product; Products vvhioh, after distribution or oo|a byyou, have been labeled orrelabeled or used moacontainer, port or ingredient of any other thing orsubstance byorfor the vandor; or (8) "Bodily injury or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone a|oe acting on its behalf. Hovever, this exclusion does not apply to: (5) (7) (I) The exceptions contained in Subparagraphs (4) or (6); or (i|) Such inspections, adjuatments, tests or servicing as the wyndor has aBrssj to make or normally undertakes to make in the usual cmunaa of buoineea, in connection with the distribution or sale of the products. 3. This Provision C. does not apply: m' To any insured person or organization from whom you havm acquired such products, or any inBnadiant, port or oontminmr, entering into, accompanying or containing such products; b. Toany vendor for which coverage aoenmddi' Uono| insured mpaoifioo||y is scheduled by endorsement; or . c. When liability included within the "products - completed opanxkma hazard" has been ex- cluded for such product either by the provi- sions of the cowmnaQm part or by endorse- ment. 4. With respect bothe insurance afforded to these vmndors, the following is added to Section UA— L|nn|bm Of Insurance: Ifcovsnsge pnovdad hzthe vendor is required by aoontnnot or agreement, the most we will pay on behalf ofthe vendor is: a. The minimum amount required by the contract mragreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement ahmU not inonaaom the applicable Limits of Insurance shown in the Declarations. 5. With respect bothe insurance afforded to these additional inaummds, the following additional exclusion applies: This insurance does not apply to: m' "Bodily injury". "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying emNoae. including: (1) The pnopahng, mppnzving, or failing to prepare or appnzvo, mopn, shop dnawingm, opiniona, repode, oumeyo, field onderm, change orders or drawings and specifications; or (2) 8uparvaory, inopecUon, architectural or engineering activities. This exclusion applies even ifthe claims against an additional insured allege negligence or other wrongdoing in the ouparvioion, hiring, emp|oymmnt, training or monitoring of,othmra by that inounad, if the ^000ummnoe^ which caused the "bodily injury" or ''property domage^, or the offense which caused the "personal and advertising irjury^, involved the rendering of or failure to render any professional services byyou with respect to your providing anginaehng, architectural or suneying aarvinae in your capacity aomnengineer, architect or uunvayoc WN GL39 08 18 Includes copyrighted material of the Ins u��Service Cff ice, Inc., with its permission,. Page Sof 10 D. Blanket Additional Insured — Lessor Of Leased Equipment 1. Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement, executed prior to loss, that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an addi - tional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. 2. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 4. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. E. Blanket Additional Insured — Managers Or Les- sors Of Premises 1. Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you, subject to the following additional exclusions: This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,w ith its permission. Page 6 of 10 However: m' The insurance afforded to such additional insured only applies to the mubont permitted bylaw; and b' If coverage pnz\Aded tothe additional insured is required by a contract or agreemant, the insurance afforded tosuch additional insured will not be broader than that which you are required by the contract or agreement to pnWda for such additional insured. 2. With respect to the insurance afforded to these additional inoursde, the following is added to Section yU—L|mnibm Of Insurance: If ooveox0a provided to the additional insured is required by soontoact or agreement, the most we will pay on behalf ofthe additional insured is: m' The minimum amount required by the contract oragreement; or b. The Limits of Insurance shown in the Oeo|anyUono� . whichever is |aee. This endorsement shall not inon»aoa the applicable Limits of Insurance shown in the Declarations. 3. With respect to the insurance afforded to these additional inaunade, the following additional exclusion applies: This insurance does not apply to: m. "Bodily injury". "property damage" or ..personal and advertising injury" arising out of the rendering of, or the failure to nander, any professional onchitentuny|, engineering or surveying eer%Acae. including: (1) The preparing, approving, or failing to prepare or appnow», mapo, shop dnswinga, opinimno, napode, aumeyo, field mndonn, change orders or drawings and specifications; mr (2) 8upanioory, inepeoUon, architectural or engineering aoU\Atieo. This exclusion applies even if the claims against an additional insured nUeQa negligence or other wrongdoing in the supeNsion, hihng, emp|oymant, training or monitoring of others by that insured, if the ^000urmynoe^ which caused the "bodily injury" or "property dmmo0a^, or the offense which caused the "personal and advertising injury^, involved the rendering of or failure to render any professional services byyou with respect toyour providing mnQinoohng, architectural or surveying services in your capacity as on engineer, architect orsurveyor F. Blanket Additional Insured — State Or Governmental Agency Or Subdivision Or Political Subdivision —Permits OrAuthorizations Section |1—Who Is An Insured is amended to in- clude as an additional insured any state or governmental agency or mubdNiaion or po|iduo| aubdivoion with whom you have ognamd in awhttan oontnaot, executed prior to |000, to name as an additional insured, subject tothe following provisions: 1' This insurance applies only with nmepaot to op- erations performed by you oronyour behalf for which the state orgovernmental agency orsub- division or political subdivaion has issued a permit orauthorization. ' However s. The insurance afforded to such additional insured only applies to the extent pannidad by law; and b. If coverage pno\,ided tothe additional insured is required by o contract or ognaemmnt, the insurance afforded tosuch additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to: m. "Bodily injury", "property damage" or "per- sonal and advertising injury" arising out ofop- erations perfbnned for the federal gowyrn' mant. state or municipality; or b. "Bodily injury" or"property damoQa�' included within the "products -completed operations hazard". 3. With respect to the insurance afforded to these additional inaunada, the following is added to Section U||— Limits Of Insurance: If coverage provided to the additional insured is required byacontract oragreement, the most we will pay on behalf of the additional insured in: s. The minimum amount required by the contract oragreement; or b. The Limits of |naunonna shown in the Declarations; whichever is |aao. This endorsement aho|| not inonamaa the applicable Limits of Insurance shown in the Declarations. WN GL39 08 18 Includes copyrighted material of the Insurance Service Mice.Inc,with its permission, Page 7 of 10 4. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. G. Blanket Additional Insured — State Or Governmental Agency Or Subdivision Or Political Subdivision — Permits Or Authorizations Relating To Premises Section II — Who Is An Insured is amended to in- clude as an additional insured any state or governmental agency or subdivision or political subdivision with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, subject to the following provision: 1. This insurance applies only with respect to the fol- lowing hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or b. The construction, erection or removal of elevators; or c. The ownership, maintenance or use of any elevators covered by this insurance. However, a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,w ith its permission. Page 8 of 10 This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", inwlved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. SECTION III —LIMITS OF INSURANCE AMENDMENTS A. Damage To Premises Rented To You Paragraph 6. is replaced by the following: 6. Subject to Paragraph 5. above, the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion or sprinkler leakage, while rented to you or temporarily occupied by you with permission of the owner is the greater of: a. $300,000; or b. The amount shown next to the Damage To Premises Rented To You Limit in the Decla- rations. However, the provisions of this paragraph do not apply if Damage To Premises Rented To You Coverage is excluded by endorsement. B. Medical Expense Limit Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5. above, the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person is the greater of: a. $10,000; or b. The amount shown next to the Medical Ex- pense Limit in the Declarations. This insurance does not apply if coverage for Medical Expenses is excluded either by the pro- visions of the coverage part or by endorsement. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS AMENDMENTS A. Knowledge Of Occurrence Item 2. Duties In The Event Of Occurrence, Of- fense, Claim or Suit is amended by adding the fol- lowing: e. You must give us or our authorized representa- tive prompt notice of an `occurrence", claim or loss only when the "occurrence", claim or loss is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; or (4) A member or manager, if you are a limited liability company. B. Other Insurance Item 4. Other Insurance, b. Excess Insurance (a) (ii) is replaced by the following: (ii) That is fire, lightning, explosion or sprinkler leak- age insurance for premises rented to you or temporarily occupied by you with permission of the owner; C. Unintentional Failure To Disclose Hazards Item 6. Representations is replaced by the following: 6. Representations And Unintentional Failure To Disclose Hazards a. By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon repre- sentations you made to us; and We have issued this policy in reliance upon your representations. b. If you unintentionally fail to disclose any haz- ards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. (3) (1) WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 9 of 10 D. Waiver of Subrogation Item 8. Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract, executed prior to loss, requiring such waiver with that person or organization and included in the "products -completed operations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. SECTION V — DEFINITIONS AMENDMENTS A. Insured Contract Amended Paragraph 9. a. is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; B. Personal And Advertising Injury Redefined Paragraph 14. d. and e. are replaced by the following: d. Oral, written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or service; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; WNGL390818 Includes copyrighted material of the Insurance Service Office, Inc.,w ith its permissions Page 10 of 10 ° BUSINESS AUTO ENHANCE ����EDGE ��������ENT The Business Auto Enhancement Edge Endorsement ioanoptional endorsement that provides coverage enhancements. The following is asummary ofbroadened coverages provided bvthis endorsement. No coverage is provided by this summary, refer to the following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Accidental Airbag Deployment Coverage 5 Audio, Visual and Data Electronic Equipment — Limit Amended 5 Auto Loan/Lease Gap Coverage 5 Blanket Additional Insured 3 Blanket Waiver ofSubrogation 5 Broadened Definition ofInsured includes: • Newly Acquired Organizations for u9to 180 Days 2 * Employees mnInsureds 2 * Subsidiaries inWhich You Own 50Y6 or More 2 Deductible Waiver for Glass Repair 4 Employee Hired Auto 8 Fellow Employee Coverage 3 Hired Auto Physical Damage Coverage 3.8 Knowledge ofAccident, Claim, Suit orLoss 5 LoseC)fUaaExpenmae-Annendod 3 Personal Effects 3 Primary and Noncontributory If Required by a Written Contract or Written Agreement 0 Rental Reimbursement Coverage 4 Supp|enlenbmryPaymenta-Annended: * Bail Bonds upbo$5.00O 3 • Loss ofEarnings upto$5OO/Day 3 Temporary Substitute Vehicle Physical Damage 2 Towing 3 TnmnsportaUonExpeneeLimito—Anoendmd 3 Unintentional Failure toDisclose Hazards 8 WNCA 80 06 19 Page 1mf6 WNCA800619 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUST SS AUTO H CE T EDGE This endorsement modifies the insurance provided under the following:: BUSINESS AUTO COVERAGE FORM ORS T With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Business Auto Coverage Form identified in this endorsement will be amended as shown below. SECTION I — COVERED AUTOS COVERAGE AMENDMENTS A. Temporary Substitute Vehicle Physical Damage SECTION I — COVERED AUTOS, C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos is amended by adding the following: If a covered "auto" you own is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss", or e. Destruction; the Physical Damage Coverages provided by the Business Auto Coverage Form for that disabled covered "auto" are extended to any "auto" you do not own while used with the permission of its owner as a temporary substitute for the covered "auto" that is out of service. SECTION II — COVERED COVERAGE AMENDMENTS A. Who Is An Insured SECTION II — COVERED COVERAGE, A. Coverage, 1. amended to add: d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the effective date of this coverage form. However, "insured" does not include any subsidiary of yours that is an "insured" under any other automobile liability policy or would be an "insured" under such policy but for termination of such policy or the exhaustion on such policy's limits of insurance. AUTOS LIABILITY AUTOS LIABILITY Who Is An Insured is e. f. g• Any organization which is newly acquired or formed by you and over which you maintain majority ownership. However, coverage under this provision: is afforded only for the first 180 days after you acquire or form the organization or until the end of the policy period, whichever comes first; (2) does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization; does not apply to any newly acquired or formed organization that is a joint venture or partnership; and (4) does not apply to an "insured" under any other automobile liability policy or would be an "insured" under such a policy but for ter- mination of such policy or the exhaustion of such policy's limits of insurance. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. Any "employee" of yours is an "insured" while operating a covered "auto" hired or rented under a contract or agreement in the "employee's" name, with your permission, while performing duties related to the conduct of your business. (1) (3) WN CA 80 06 19 Includes copyrighted material of Insurance Services Office, with its permission Page 2 of 6 B. Blanket Additional Insured SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, paragraph c. is amended to add the following: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an additional insured is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that persons or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. Liability Coverage Extensions — Supplementary Payments SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments is amended by replacing subparagraphs (2) and (4) with the following: (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. D. Fellow Employee Coverage SECTION II — COVERED AUTOS LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee, the following is added: Co -Employee Lawsuit Defense Cost Reimbursement If a suit seeking damages for "bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of that fellow "employee", is brought against you, we will reimburse reasonable costs that you incur in the defense of such matters. Any reimbursement made pursuant to this sub -section will be in addition to the limits of liability set forth in the Declarations. SECTION III — PHYSICAL DAMAGE COVERAGE AMENDMENTS A. Towing SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 2. Towing, is amended by adding the following: 2. Towing We will pay up to $250 for towing and labor costs incurred each time a covered "auto" is disabled. However, the labor must be performed at the place of disablement. This $250 limit is reduced by any applicable towing limit shown in the declarations. Regardless of the number of disablements, the maximum amount we will pay under this endorsement for all towing and labor costs combined during any one year is $2,500. B. Transportation Expense — Limits Amended SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Trans- portation Expenses is amended by replacing $20 per day/$600 maximum limit with $50 per day/$1,000 maximum. C. Hired Auto Physical Damage — Loss Of Use Expenses — Limits Amended SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, b. Loss of Use Expenses is amended by replacing the $20 per day/$600 maximum limit with $50 per day/$750 maximum limit. D. Personal Effects Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: c. Personal Effects We will pay up to $500 for "loss" to personal effects, which are: (1) Owned by an "insured"; and (2) In or on your covered "auto." This coverage applies only in the event of the total theft of your covered "auto." No deductible applies to this coverage WN CA 80 06 19 Includes copyrighted material of Insurance Services Office, with its permission Page 3 of 6 E. Glass Repair - Deductible Waiver SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 3. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles, is amended by adding the following: No deductible will apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. F. Hired Auto Physical Damage SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage is amended by adding the following: 5. Hired Auto Physical Damage If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are pro- vided under this coverage form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire of like kind and use, subject to the following: a. The most we will pay for any one "loss" is $50,000 or the actual cash value or cost to repair or replace, whichever is less, minus a deductible; b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. Any Comprehensive deducti- ble does not apply to "loss" caused by fire or lightening; c. Hired Auto Physical Damage coverage is excess over any other collectible insurance; and d. Subject to the above limit, deductible and excess provisions we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. If a limit for Hired Auto Physical Damage is indicated in the Declarations, then that limit replaces, and is not added to, the $50,000 limit indicated above. G. Rental Reimbursement SECTION III — PHYSICAL DAMAGE COVERAGE A. Coverage, is amended by adding the following: 6. Rental Reimbursement This coverage applies only to a covered "auto" of the private passenger or light truck type as follows: a. We will pay for rental reimbursement expenses incurred by you for the rental of a private passenger or light truck type "auto" because of "loss" to a covered private pas- senger or light truck type "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered private passenger or light truck type "auto." No deductibles apply to this coverage. b. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the fol- lowing number of days: (1) The number of days reasonably required to repair or replace the covered private passenger or light truck type "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered private passenger or light truck type "auto" and return it to you; or (2) 30 days. c. Our payment is limited to the lesser of the following amounts: (1) Necessary and actual expenses incurred, or (2) $50 per day, up to a maximum of $1,000. WN CA 80 06 19 Includes copyrighted material of Insurance Services Office, with its permission Page 4 of 6 d. This coverage does not apply while there are spare or reserve private passenger or light truck type "autos" available to you for your operations. e. If "loss" results from the total theft of a covered "auto" of the private passenger or light truck type, we will pay under this cover- age only that amount of your rental reim- bursement expenses which is not already provided for under SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions. For the purposes of this Rental Reimbursement coverage, light truck is defined as a truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as the maximum loaded weight the auto is designed to carry. H. Accidental Airbag Deployment Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage is amended by adding the following: 7. Accidental Airbag Deployment Coverage We will pay to reset or replace factory installed airbag(s) in any covered "auto" for accidental discharge, other than discharge due to a collision loss. This coverage is applicable only if comprehensive coverage applies to the covered "auto". This coverage is excess over any other collectible insurance or reimbursement by manufacturer's warranty. I. Auto Loan/Lease Gap Coverage SECTION III PHYSICAL DAMAGE COVERAGE, Item A., Coverage, is amended by adding the following: 8. Auto Loan/Lease Gap Coverage This coverage applies only to a covered "auto" described or designated in the Schedule or in the Declarations as including physical damage coverage. In the event of a covered total "loss" to a covered "auto" described or designated in the Schedule or in the Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto" less: a. The amount paid under the Physical Damage Coverage Section on the policy; and b. Any: (1) Overdue lease/loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. (3) J. Audio, Visual and Data Electronic Equipment — Limit Amended SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limits of Insurance, 1.b. is amended by replacing the $1,000 limit with a $2,500 limit. SECTION IV — BUSINESS AUTO CONDITIONS AMENDMENTS A. Duties In The Event Of Accident, Claim, Suit Or Loss Amended SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss, a. is amended by adding the following: This condition applies only when the "accident" or "loss" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; or (4) A member or manager, if you are a limited liability company. But this section does not amend the provisions relating to notification of police, protection or exami- nation of the property which was subject to the "loss". B. Blanket Waiver of Subrogation Section IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights of Recovery Against Others to Us, is amended by adding the following exception: However, we waive any right of recovery we may have against any person or organization to the extent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. WN CA 80 06 19 Includes copyrighted material of Insurance Services Office, with its permission Page 5 of 6 C. Unintentional Failure to Disclose Hazards SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepre- sentation Or Fraud, is amended by adding the following paragraph: If you unintentionally fail to disclose any hazards existing at the inception date of the policy, or during the policy period in connection with any additional hazards, we will not deny coverage under this Cov- erage Part because of such failure. D. Employee Hired Auto SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, paragraph b. is deleted and replace by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be a covered "auto" you own: (1) Any covered "auto" you lease, hire, rent or borrow. (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". E. Primary and Noncontributory If Required By Written Contract or Written Agreement SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance c., the following is added and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: (1) Such "insured" is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". WNCA800619 Includes copyrighted material of Insurance Services Office, with its permission Page 6 of 6