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HomeMy WebLinkAboutMSI Construction, Inc. - Capitol Theatre Stage Floor Repairs & UpgradesCity of Yakima Engineering Division Capitol Theatre Stage Floor Repairs & Upgrades Construction Contract Specifications & Bid Documents 129 North Second Street Yakima, WA 98901 City Project Number 2354 May 2013 Phone (509) 575 -6111 Fax (509) 576 -6314 June 11, 2013 DEPARTMENT OF UTILITES AND ENGINEERING Debbie Cook, PE, Director Douglas Mayo, PE, City Engineer Engineering Division 129 North Second Street Yakima, Washington 98901 (509) 575 -6111 • Fax (509) 576 -6305 MSI Construction, Inc. 1507-S. 18'h Avenue Yakima, `d'vA 98902 Re: Capitol Theatre. Stage Floor Repairs & Upgrades Project City Project No. 2354 Dear Mr. Kloster: The City Manager of the City of Yakima has authorized an award of the contract for the above referenced project to your company on the basis of your low bid submitted on June 7, 2013 in the amount of $145,913.11. This letter is official notification of the award of the contract to your company by the City of Yakima. Enclosed is one set of the contract documents along with three copies of the contract and a performance bond form. Please sign and return all copies of the contract form to this office, along with the fully executed performance bond and certificate of insurance, within ten (10) calendar days. Your attention is directed to Section 20 of the Contract Documents for the Contractor's Liability Insurance for coverage limits, additional insurance requirements and special ACORD form wording. When these items have been approved, the City will execute the contract form and bind a signed contract, certificate, and proposal into contract document books. The three completed books will be distributed to the City Clerk, City Engineer and Contractor. Please contact me within ten (10) days of this date to schedule a pre- construction conference and to discuss various forms and documentation that must be completed and turned in at the Pre - construction Conference. The Notice to Proceed will also be discussed at the Pre - construction Conference. I can be reached at: Office, 575 -6228 or Cell, 728 -3455. For your information, we are enclosing a copy of the bid summary for this project Sincerely, 12 Doug Mayo, PE City Engineer encl. cc: Robert Desgrosellier, Senior Engineer Matt Leslie, PE, SE Steve Caffery, Capitol Theatre Warren Houtz, Capitol Theatre Susie Cutter,. Contract Specialist Finance File BID SUMMARY CAPITOL THEATRE - Stage Floor Repairs and Upgrades ENGINEERS ESTIMATE MSI CONSTRUCTION INC. Yakima, WA G.H. MOEN LLC Yakima, WA CITY PROJECT NO. 2354 ITEM NO. Bid Security CITY UNIT 59'e BID BOND 5% BID BOND ITEM UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 MOBILIZATION Per 2012 W900T Standard Specification 1 -09.7 1 LS $2,450.00 $2,450.00 $9,000.00 $9,000.00 $1,000.00 $1,000.00 2 STAGE FLOOR REPAIRS &UPGRADES, COMPLETE Per Contract Specification #14 1 LS $129,000.00 $129,000.00 $120,855.00 $120,855.00 $188,000.00 $188,000.00 3 REPAIR OR REPLACEMENT Per Contract Specification #23 1 FA $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 SUBTOTAL $136,450.00 $134,855.00 $194,000.00 WA STATE SALES TAX 8.2% $11,188:90 $11,058.11 $15,908.00 TOTAL $147,638.90 $145,913.11 $209;908.00 CITY ENGINEERS REPORT COMPETITIVE BIDS WERE OPENED ON JUNE 7, 2013. ALL BIDS HAVE BEEN REVIEWED BY THIS OFFICE. I RECOMMEND THE CONTRACT BE AWARDED TO'. MSI CONSTRUCTION, INC. la I DA CITY ENGINEM AWARD MADE BY DATE CY OF YAKIMA Stage Floor Repairs & Upgrades PROJECT NO. 2354 DATE: June 10, 2013 FILE: Capitol Theatre Stage Floor Bid Sum.pub SHEET I of I Capitol Theatre Stage Floor Repairs & Upgrades CITY OF YAKIMA JOB NO.2354 INVITATIONTO QUOTE Contractor: MSI Construction Inc. Phone: 509 - 457 -3634 Address: 1507 S. 18th-Avenue Yakima, WA 98902 PROJECT SCOPE CITY OF YAKIMA ENGINEERING DIVISION -129 NO. 2ND STREET YAKIMA, WASHINGTON 98901 PHONE 575 -6111 Quotations will be received by the Yakima City Clerk until: 3:00 PM, June 7tt', 2013 This contract provides for the removal of existing floor surfacing and sheathing; repairing, replacing, and strengthening existing floor framing and connections; leveling floor; and installing sheathing and flooring, as well as other related work all in accordance with the Plans and Specifications as prepared by Leslie Engineering, LLC. INSTRUCTIONSTO'THE CONTRACTOR Please return your lowest price for the following project by 3:00 p.m., June 7't', :2013 to the Yakima City Clerk's Office, 1st floor of City Hall. If you have any questions call Bob Desgrosellier at 575 -6228. The City reserves the right to reject any or all quotations and to accept any or all items at the price quoted. The City intends to award this contract within 10 calendar days after bid opening. V T� J. 245 ,L'' Af�O 1 1 QUOTE Capitol Theatre Stacie Floor Repairs & Upgrades ITEM PROPOSAL ITEM UNIT PRICE AMOUNT NO. PAYMENT SECTION QTY UNIT DOLLARS DOLLARS MOBILIZATION 1 Per 2012 WSDOT Standard Specification 1 -09.7 1 LS STAGE FLOOR REPAIRS & UPGRADES, COMPLETE _2 Per Contract Specification #14 1 LSD 2° FS3'3� 120 $55 REPAIR OR REPLACEMENT $5,000 $5,000 3 Per Contract Specification #23 1 FA SUB TOTAL: �3'i/fi5S STATE SALES TAX 8J °TOT j 1 Contractor'; P,C W_ pAp Ie,�C A toAf-- SO 3 )ate: 6 / 7 i 2013 r. Bond No. T-004 fi —O •' •; Herewith find deposit in the form of a certified check, cashiers check or cash in the amount of $ which amount is not less than five percent of the total bid. Sign Here BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, MSI Construction, Inc. as principal, and Travelers Casualty and Surety Co. of America , as Surety, are held and firmly bound unto the City of Yakima, as Obligee, in the penal sum of 5% Five percent - of amount bidDollars, for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for CaPitol Theatre Stage Floor Repairs & Ugcrades ,according to the terms of the proposal or bid made by the Principal therefore, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond. SIGNED, SEALED AND DATED THIS 7th DAY OF. June .. 20 13 By: i�d� /Lw�,TI�L PISI Construction, Inc. Principal Travelers Casualty and Surety Company of America r•1XI Surety Attorrie` j ltn'.;Fact ' f �•�' ' , ro, s`..s;, i;' ..f,- � •� .Rq - -` —..-Y L� V.fi ham'. 4Y.- -- '� � � • .r{1�1- fir; - „t.. f; . . t 20 %'",f Received return of deposit in the sum of $ f Addendum No.1 Page 5 of 6 May 31st, 2013. l WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 221140 Certificate No. 005327437 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Christine V. Felicetty, N. B. Fix, R. A. Fix, Myung S. Fix, and Chris A. Fix of the City of Seattle , State of Washington , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted`in any'actions or-proceedings allowed by law. •.; ,. ;':,e; ,•..• ;,.� -.� I'i =•�" IN WITNESS WHEREOF, the Companies have caused this instrurrenip'be signed "and their corporate seals to be hereto affixed, this 10th day of January _ 2013 Farmington Casualty Company' v. "} St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company%,;. Travelers Casualty and Surety Company Fidelity and Guaranty Insurance'Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity. and Guaranty Company St. Paul Guardian Insurance Company GI.SU,�( F \0.E 6b hA - \�N..INS(i +� NSUq'''r PITY 4Np yyH0.v0. i�Y , I G JP; o (,V'�' Y) `0 l,��u.� 6r >9og T: • 1 :'''l' �'� yvt� 5 � (1 �M�OHFCBAttU mY 'rCOPPOR,,)f� POH4lf •1^? s� u! u Z �' 1951 I �i se 'nj ;Jl 'o, CCNN, ne N 1896 -, SBAL�a o State of Connecticut City of Hartford ss. By: , lea-Zi ---- Robert L. Raney, enior Vice President On this the 10th day of January 2013 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p.TEt In Witness Whereof, I hereunto set my hand and official seal. � My Commission expires the 30th day of June, 2016. p�L 13` 58440 -8 -12 Printed in U.S.A. WARNING: TH Marie C. Tetreault, Notary Public BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty In Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United`States Fidelify and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies; whichos in -full force, and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and, affixed the seals of'said,Coinpames this day of C V 20./ Kevin E. Hughes; Assistant Sec Lary.,• ° ' GASU,�� `�F1RE eb ��W �NfG " +'iNSU"4•u P�tY A/y0 Y Y �' � ° � 19%% acaxPaRRTtn A �jCORPyR,� >E•m iW +G�PPOR4lf.�1^i U i ,���� � � "-_ "„�W - o i W HARTFORD [[[ fi4RTFON0.l <4 1896 SELL::3 To verify the authenticity of this Power of Attorney, call 1- 800 - 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Capitol Theatre Stage Floor Structural Upgrades & Repairs CITY OF YAKIMA JOB NO. 2354 SPECIFICATIONS I. GENERAL /SPECIAL INSTRUCTIONS 1. Description of Project: This contract provides for the removal of existing floor surfacing and sheathing; repairing, replacing, and strengthening existing floor framing and connections; leveling floor; and installing sheathing and flooring, as well as other related work all in accordance with the Plans and Specifications as prepared by Leslie Engineering, LLC. 2. Workmanship: The contractor shall furnish all labor, equipment, and materials, which are necessary to complete the work as described in these specifications. Quality of workmanship shall conform to that which is usually provided by the trade in general. A Performance Bond equal to the bid amount shall be required. 3. Regulatory Requirements: The project shall be performed in a manner that is in compliance with all applicable federal, state and local laws and regulations, including, but not limited to, vehicle regulations (WSDOT /HMTUSA/other), environmental laws and regulations (EPA/WDOE /local), and health and safety laws and regulations (OSHA/W ISHA/City Safety Codes). 4. Records: The contractor shall maintain operational records at its place of business for a minimum of five years. These records shall include: point of material pick up, type of material, quantity of material. 5. Prevailing Wages: The contractor will comply with all provisions of Chapter 39.12 RCW - Prevailing Wages on Public Work. A. RCW 39.12.010 - The Prevailing Rate of Wage: Contact the Department of Labor and Industries, to confirm current prevailing wage rate for applicable workers on this particular public work project. B. RCW 39.12.040 - Statement of Intent to Pay Prevailing Wages and an Affidavit of Wages.Paid: Before the City may pay any sum due on account, it must receive a statement of Intent to Pay Prevailing Wages approved by the. Department of Labor and Industries. Following final acceptance of a public work project, and before any final money is disbursed, each contractor and sub - contractor must submit to the City an Affidavit of Wages Paid, certified by the Department of Labor and Industries. C. RCW 39.12.070 - Fees Authorized for Approval Certification and Arbitrations: Any fees charged by the Department of Labor and Industries for approvals or fees to cover costs of arbitration conducted shall be the responsibility of the contractor. 6. Termination - Cause: The City reserves the right to terminate this contract at any time, upon written notice, in the event that the services of the Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions contained in this agreement. In addition to the foregoing right of termination, the City may terminate this contract, with or without cause, upon thirty (30) days written notice to Contractor. 7. Right to Award: The City. of Yakima reserves the right to make contract award by Schedule or on an all or none basis, whichever is in the best interest of the City. 67 8. Submission of Quote: Quote shall be submitted to the City Clerk's Office, Yakima City Hall, 129 North 2nd Street, Yakima, WA, 98901, by 3:00 p.m. on June 7th, 2013 in a sealed envelope labeled Capitol Theatre, Stage Floor Repairs & Upgrades, CITY OF YAKIMA PROJECT NO. 2354, with the quote due date written on it. 9. No Disturbance: The contractor shall not disturb grounds or materials outside the sphere of the contracted project. 10. Pre Bid Meeting: All bidders are required to visit the site prior to submitting their quote to become aware of any problems that may affect their quote. A Pre Bid meeting is scheduled for Wednesday, May 29th, 3:OOpm, at The Capitol Theatre (19 South 3`d Street, meet at South 4th Street entrance). Alternate times may be available for a site visit, but are not guaranteed. If needed, contact Senior Engineer, Bob Desgrosellier, 509.575.6228 Bidders will not be allowed to adjust their quotes after submission. 11. Coordination: The contractor will coordinate his work with City of Yakima Senior Engineer, Bob Desgrosellier at 509.576.6228 or 509.728.3455. 12. Schedule: Work shall be accomplished according to the following schedule: Notice to Proceed July 1St, 2013 Substantial Completion August 16th, 2013 Final Completion August 30th, 2013 Owner Occupancy September 2, 2013 13. Liquidated Damages: Work not completed by the above schedule shall be assessed liquidated damages: Substantial Completion $280 /day Final Completion $560 /day 14. Stage Floor Repairs & Upgrades, Complete Lump Sum Bid: The lump sum contract price for "Stage Floor Repairs & Upgrades, Complete" shall be full pay for performing the work as specified, including developing all submittals; furnishing and operating fixed and movable work platforms; accommodating CityofYakimaandLeslie Engineering inspection access; providing all material, labor, tools, and equipment; Stage Floor Repairs & Upgrades: • Install dust partitions, where indicated on construction plans, to protect existing equipment and theatre from construction particulate. • Contractor shall protect all other areas not within the scope of work. • Waste material removed or generated will not be allowed to accumulate and shall be removed on a daily basis off premise or to an on -site oversized trash bin provided by the contractor. • Remove all stage floor surfacing, except areas indicated on construction plans. • Remove ceiling grid where required for access and retain for reinstallation. • Remove floor electrical boxes and retain for reinstallation. • Identify and mark damaged joists, beams, and columns for inspection by Leslie Engineering. D • Repair or replace, according to Engineer's direction, damaged framing members and members identified for replacement in construction plans. • Install new connections at joists, beams, and columns, as indicated in construction plans. • Pressure inject epoxy at beam -to- column connections. • Level floor to create flat and level surface, per construction plans. • Install (2) layers of 1 1/8" tongue and groove plywood subfloor and (1) layer of 3/4' Tempered Plyron Industrial panels. • Reinstall floor electrical boxes.. • Paint entire stage floor with black, flat, polyurethane. • Reinstall lower level ceiling grid and panels. Replace any damaged panels. • Patch and repair any existing elements damaged during construction. • Provide final cleaning, to be completed by a professional cleaning service. 15. Site Access: Construction access will be provided through the 4th Street entrance and loading dock. The loading dock will be concurrently used by Capitol Theatre employees. Access aisles and storage of materials shall be coordinated with Warren Houtz, with the Capitol Theatre. The 4th Street entrance, including parking, will be inaccessible on Tuesdays and Thursdays after 2:00 pm. Work can continue during this time, but no materials shall be delivered, and Contractor egress shall be through the north stage door. 16. Submittals & Requests for Information (RFIs).: The Contractor shall provide a submittal for the proposed floor surface paint, for City approval, prior to furnishing. Responses to RFIs submitted to the City of Yakima shall be provided within 3 business days of receipt. RFIs may be submitted electronically. All RFI responses will in electronic format. 17. Structural Observation: Leslie Engineering shall provide structural observation at the following milestones: After all required floor surfacing has been removed. After all connections have been installed, prior to installation of floor sheathing. At substantial completion. As requested by Contractor or City of Yakima. Contractor shall provide 72 hours notice prior to required, or requested, structural observations. The City of Yakima shall provide 48 hours notice to the contractor prior to any City requested structural observations by Leslie Engineering. 17. Business License: All bidders shall have a valid and current business license issued by the City of Yakima covering this type of work. It will be the contractor's responsibility to obtain any licenses or permits required, to complete the project. 18. Right to Reject: The City of Yakima reserves the right to reject any or all quotes or accept any presented which meet or exceed these specifications and which they may deem to be in the best interest of the City and will not necessarily be bound to accept the low quote. 19.. No Preferences: No exceptions will be considered that may tend to give an individual bidder a distinct advantage. 20. Contractor's Liability Insurance (Sample Certificate Attached): The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage and automobile coverage with insurance carriers admitted to do business in the State of Washington. The insurance companies must carry a Best's Rating of A- VII or 7 better. The policies will be written on an occurrence basis subject to the following minimum limits of liability: Commercial General Liability: $1,000,000 Per Occurrence $2,000,000 Annual Aggregate Automobile Liability: $1,000,000 Umbrella: $4,000,000 The City of Yakima, its agents, elected and appointed officials, and employees are to be listed as additional insured under the policies. The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate will provide 45 days notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be included with the certificate. The contract shall also maintain workers compensation through the State of Washington. If at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. 22. Compliance with Immigration and Naturalization Act The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986, as amended. The City requires that all contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand Dollars ($5,000), or any other City contract in excess of Two Thousand Five Hundred Dollars ($2,500), enroll in the E- Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States. E- Verify will be used for newly hired employees during the term of the contract only; it is not to be used for existing employees. The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor. If the contractor has not previously filed an E- Verify Compliance Declaration with the City, the contractor must sign the attached E- Verify Compliance Declaration and submit it to the City prior to being awarded the contract. Failure to do so may be cause for rejection of the bid. 23. Repair or Replacement: This work shall consist of repair of any incidental damages to miscellaneous items within or adjacent to the project area. This includes complete replacement of items that are beyond repair as determined by the Engineer. This will not compensate for carelessness on the part of the contractor. Payment for "Repair or Replacement" shall be made by force account. For the purpose of providing a common proposal for all bidders, and for that purpose only, the City has estimated the force account for "Repair and Replacement ", and has arbitrarily entered the amount for the pay item in the proposal to become a part of the total bid by the Contractor. CONTRACT to THIS AGREEMENT, made and entered into in triplicate, this .11_ day of ,Tune .2013, by and between the City of Yakima, hereinafter called the Owner, and MSI Construction Inc.. a Washington Corporation, hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: I. The Contractor shall do all work and-furnish all tools, materials, labor and equipment for THE BID AMOUNT OF: $ 145.913.11. for Capitol Theatre; Stage Floor Repairs & Upgrades, CITY OF YAKIMA JOB NO. .2354, all in accordance with, and as described in the attached plans and specifications and the 2012 Standard Specifications for Road, Bridge, and Municipal Construction which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this contract and every part thereof. Work shall start within ten (10) days after the Notice to Proceed and shall be completed by August 30th, 2013. The first chargeable working day shall be the 11th working day after the date on which the City issues the Notice to Proceed. If said work is not completed within the time specified, the Contractor agrees to pay to the Owner the sum specified in the Standard Specifications for each and every day said work remains uncompleted after expiration of the specified time, as liquidated damages. The Contractors shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof, except such as are mentioned in the specifications to be furnished by the City of Yakima. II. The City of Yakima hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the conditions provided for in this contract. III. INDEMNIFICATION. The Contractor shall defend, indemnify, and hold harmless the City, its officers, elected officials, employees and agents from and against any and all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from The Contractor's performance or non - performance of the services, duties and obligations required of it under this Agreement. IV. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. V. It is further provided that no liability shall attach to the City of Yakima by reason of entering into this contract, except as expressly provided herein. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein above written. Countersigned: CITY OF Y A this day 013. ��11HSbyl CN Manager y ,mow, est: � �". Clerk CITY CONTRAC r RESOLUTION NC dbNly`.� CONTRACTOR a Wash. Corporation James Kloster (Print Name) Vice President (President, Owner, etc.) Address: 1507 S. 18th Avenue Yakima, WA 98902 PERFORMANCE BOND BOND TO CITY OF YAKIMA KNOW ALL MEN BY THESE PRESENTS: Bond No. 105 939 850 That whereas the City of Yakima, Washington has awarded to MSI Construction, Inc. (Contractor) hereinafter designated as the "Principal' a contract for the construction of the project designated Capitol Theatre Stage Floor Repairs & Upgrades Project , Project No. 2354 , all as hereto attached and made a part hereof and whereas, said principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE, we, the principal, and T'r'avelers Casualty and Surety Company of Pm`rica (Surety), a corporation, organized and existing under and by virtue of the laws of the State of Connecticut _, duly authorized to do business in the State of Washington, as surety, are jointly and severally held and firmly bound unto the City of Yakima, Washington, in the sum of $145, 91 -11 (Total Contract Amount) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by those presents. THE CONDITIONS OF THIS OBLIGATIONS IS SUCH, that if the above bonded principal shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth, or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, sub - contractors and material men, and all persons who shall supply said principal or sub- contractors with provisions and supplies for the carrying on of said work, and shall hold said City of Yakima, Washington, their employees, agents, and elected or appointed officials, harmless from any damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal, or any sub - contractor in the performance of said work and shall indemnify and hold the City of Yakima, Washington, its employees, agents, and elected or appointed officials, harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects developing in the material or workmanship provided or performed under said contract, within a period of one year after its acceptance by the City of Yakima, Washington, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. This obligation is entered into in pursuance of the statutes of the State of Washington, and the Ordinances of the City of Yakima, Washington. IN WITNESS WHEREOF, the said principal and the said surety have caused this bond to be signed and sealed by their duly authorized officers this a 2thday of June —,2011. MSI Construction, Inc. (Principal) By: (Signature) Willi (Print Name) Approved as to form: President (Title) ttorney) 6, Travelers Casualty and. Surely . Coinpariy- _of America (Surety) C/X By: 1i!j? (Sigriature) Chris A. Fix (Print Name) ° :.: .�.• -' ; ey -in –Fact -- (Title) -11- WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER A4W POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 221 140 Certificate No. 005327469 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Christine V. Felicetty, N. B. Fix, R. A. Fix, Myung S. Fix, and Chris A. Fix of the City of Seattle , State of Washington , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their „business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permittedSin any actions or- proceedings allowed by law. -� IOth IN WITNESS WHEREOF, the Companies have caused this instrurrfe5to`be signed and their�corporate seals to be hereto affixed, this January 2013, day of Farmington Casualty Company ty St. Paul Mercury Insurance Company Fidelity and Guaranty Insura�nceCompanyfi�i Travelers Casualty and Surety Company Fidelity and Guaranty Insurance , Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company GI,SU,1 ,F \0.E b TN IN,p . +1NS�.,, SY ANOYfrY .. RY't't0 r (r` Jy mi O ♦. ....... G�, �}c',JP +. ........ A9 �' 9JP♦ S ,l /♦/'''' �`fY• FO O��r C3' �'O�"'� i - •^`� �LOa PuRA >F�i f'� `� RPORAT Z� s � G9: �! � fin �D�PO8A1tD m �! a W ; co �• ;. I HARIF'ORD, a 1896. ,SBAL: ;� oaiH. e m �O•.�` +. State of Connecticut City of Hartford ss. By: '44:6e Robert L. Raney, Ki.r Vice President On this the 10th day of January 2013 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. e#A In Witness Whereof, I hereunto set my hand and official seal. 0 My Commission expires the 30th day of June, 2016. 58440 -8 -12 Printed in U.S.A. Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United`States Fidelity,and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Compa`mWvtw ichcis in full for�cc4dnd effect and has not been revoked. , r IN TESTIMONY WHEREOF, I have hereunto set my hand and,afftxed the•seals of'said,&pauies this 1 2th day of Jutae" a -20 13. <� � Kevin E. Hughes, Assistant'Sec taryy 4< GI•$U,1 p1u.•• \AE 6�4n �W IN � \N$U �`+. tV A/y <!. C�T�S- J •4�W \ SG Pl. ,Ayt Jr� ns NW t;u9tp• F?itY'WO S % (1 "'^"�uWtED I-� m �j F•h .•CCpPOHA }�:;\^t � I � (9 8 2�• o i a t -._ �; W NARTwRD, ° j FwFiiFf'9 m %y�cr«' �a 1977 � 1951 ti �` SE AI,io"; �SSAL :'a � CONN. o° \ \WIW. a inp� l Y !S . AH +a. 6. •... . +'fie* eb. �>, 1 � � d �buni elm .,n..� 1S /• ! �� A J To verify the authenticity of this Power of Attorney, call 1- 800 - 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. RED BORDER Desgrosellier, Bob From: Jeffrey .L.Widdows @wellsfargo.com Sent: Tuesday, June 18, 2013 10:13 AM To: Desgrosellier, Bob; Joel.. bearson@welisfargo.com Subject: fN,R,E Q*apitolrTh. durance followu -d ,-.., , _ per, Jeff Widdows From:Desgro ellier, Bob [mailto: Bob. Desgrosellier@yakimawa.gov] Sent: Tuesday, June 18, 2013 10:07 AM To: Widdows, Jeffrey L.; Pearson, Joel Subject: Capitol Th. insurance followup Please review updated insurance paperwork. Thank you,, Bob Sent from my Whone Begin forwarded message: From: "Cutter, Susie" <Susie.Cutter(a�yakimawa.gov >. To: "Desgrosellier, Bob" <Bob.Desgrosellierg akimawa.i�ov> AC40ROP ® CERTIFICATE OF LIABILITY INSURANCE 6/11/2013Y' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Terril Lewis & Wilke Ins P O Box 1789 112 S 4th Street Yakima WA 98907 CONTACT Myers Jennifer M NAME: y PHONE . (509)248 -3515 FAX 1401: (509) 248 -3673 EMAIL .jmyers @tlwins.com INSURERS AFFORDING COVERAGE NAIC # INSURERA:Nationwide Mutual Ins Co. 23787 INSURED MS I CONSTRUCTION, INC. 1507 S 18TH AVE YAKIMA WA 98902 -5715 INSURER B: INSURER C : INSURER D: INSURER E : $ 11000,000 INSURER F: X COMMERCIAL GENERAL LIABILITY COVERAGES CERTIFICATE NUMBER: 12 -13 GLASU $4mil REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL JM& SUBR WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 A CLAIMS -MADE � OCCUR X CP7514752710 11/3/2012 11/3/2013 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY X PRO - JECT F-1 $ AUTOMOBILE AUTOMOBILE LIABILITY OMBINEDtSINGLELIMIT 1,000,000 X BODILY INJURY (Per person) $ A ANY AUTO BODILY INJURY $ ALL OWNED SCHEDULED CP7514752710 11/3/2012 11/3/2013 AUTOS AUTOS (Peraccident) X PROPERTY DAMAGE Per accident $ X NON -OWNED HIRED AUTOS AUTOS X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 A EXCESS LIAB CLAIMS -MADE RED I X I RETENTION$ 0 $ &CP7514752710 11/3/2012 11/3/2013 A WORKERS COMPENSATION WC STATU- x OTH- AND EMPLOYERS' LIABILITY Y/N E.L EACH ACCIDENT $ 11000,000 ANY PROPRIETOR /PARTNER /EXECUTIVE STOP GAP LIABILITY OFFICER /MEMBER EXCLUDED? F1 (Mandatory in NH) N/A CP7514752710 11/3/2012 11/3/2013 E.L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) The City of Yakima, its elected and appointed officials, employees, agents and volunteers are named as additional insured as respects work performed by the named insured. Blanket Additional Insured form CG7288 11 11 attached. Project: Capitol Theatre Stage Floor repairs & Upgrades Project; City Project No. 2354 1 r- r7ULUtK City of Yakima Ellena Hazen 129 North 2nd St. Yakima, WA 98901 ACORD 25 (2010/05) INS025 (201005).01 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 J Bliesner /JENN ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 72 88 11 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LOST KEY COVERAGE SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, coverage is extended to include the following: If a customer's master or grand key, excluding electronic key card, is lost while in your care, custody or control we will pay the cost of replacing the keys, including the master lock and all keys used in the same lock, the cost of adjusting locks to accept the new keys, or the cost to replace the locks, whichever is less. Limit of Insurance - The most we will pay for "loss" arising out of any one "occurrence" is $5,000. SECTION V DEFINITIONS is amended as follows: The following definition applies to Lost Key Coverage: "Loss" means unintentional physical damage or destruction to tangible property, including theft or disappearance. Tangible property does not include money or securities. VOLUNTARY PROPERTY DAMAGE SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, coverage is extended to include the following: At your request, we will pay for "property damage" to property of others caused by you and while in your possession, arising out of your business operations and occurring during the policy period. Limit of Insurance - The most we will pay for "loss" arising out of any one "occurrence" is $500. SECTION V — DEFINITIONS is amended as follows: The following definition applies to Voluntary Property Damage coverage: "Loss" means unintentional damage or destruction but does not include disappearance, theft, or loss of use. NON -OWNED WATERCRAFT SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions is amended as follows: g. Aircraft, Auto Or Watercraft (2) (a) is replaced with: (a) Less than 51 feet long; and EXPANDED PROPERTY DAMAGE COV- ERAGE For the purposes of this endorsement only: SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions is amended as follows: a. Exclusions j.(3), j.(5), and j.(6) are deleted in their entirety. b. Exclusion j.(4) is deleted in its entirety and replaced by the following: Personal property in the care custody or control of the insured: 1. for storage or sale at premises you own, rent or occupy; or 2. while being transported by any aircraft, "auto" or watercraft owned or operated by or rented to or loaned to any insured. c. The following exclusions are added: 1. The coverage provided by this endorsement does not apply to "property damage" arising out of the disappearance or loss of use of personal property. CG 72 88 11 11 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 4 with its permission. CG 72 88 11 11 2. The coverage provided by this endorsement does not apply to "property damage" included in the "products- completed operations hazard ". Limit of Insurance - The most we will pay for "property damage" provided by this coverage in any one "occurrence" is $5,000. Deductible - Our obligation to pay for a covered loss applies only to the amount of loss in excess of $250. This insurance is excess over any other valid and collectible insurance. DAMAGE TO PREMISES RENTED TO YOU SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, the last paragraph of 2. Exclusions of is replaced by the following: If Damage to Premises Rented to You is not otherwise excluded, exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke 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 Section III - Limits of Insurance. SECTION III — LIMITS OF INSURANCE, paragraph 6 is replaced with: 6. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because . of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke or sprinkler leakage, while rented to you or temporarily occupied by you with permission of the owner. The limit is increased to $300,000. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance, b. Excess Insurance (1) (a) (ii) is replaced with: (ii) That is Fire, Lightning, Explosion, Smoke or Sprinkler leakage insurance for premises rented to you or temporarily occupied by you with permission of the owner. SUPPLEMENTARY PAYMENTS SECTION I — COVERAGES, SUPPLEMEW TARY PAYMENTS — COVERAGES A AND B is amended as follows: 1. 1. b. replaced with: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. 1. d. replaced with: 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. NEWLY FORMED AND ACQUIRED ORGANIZATIONS SECTION II — WHO IS AN INSURED is amended as follows: 1. 3. a. is replaced with: a. Coverage under this provision is afforded only until the 1801h day after you acquire or form the organization or the end of the policy period, whichever is earlier; ADDITIONAL INSURED — WHEN REQUIRED IN AN AGREEMENT OR CONTRACT WITH YOU The following is added to SECTION II — WHO IS AN INSURED 4. Any person(s) or organization(s) with whom you have agreed in a valid written contract or written agreement that such person or organization be added as an additional insured on your policy during the policy period shown in the Declarations. Such person or organization is an additional insured only with respect to liability for "bodily 'injury ", "property damage" or "personal and advertising injury". The person or organization added as an insured by this endorsement is an insured only to the extent you are held liable due to: Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., CG 72 88 11 11 with its permission. CG 72 88 11 11 2. The coverage provided by this endorsement does not apply to "property damage" included in the "products- completed operations hazard ". Limit of Insurance - The most we will pay for "property damage" provided by this coverage in any one "occurrence" is $5,000. Deductible - Our obligation to pay for a covered loss applies only to the amount of loss in excess of $250. This insurance is excess over any other valid and collectible insurance. DAMAGE TO PREMISES RENTED TO YOU SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, the last paragraph of 2. Exclusions of is replaced by the following: If Damage to Premises Rented to You is not otherwise excluded, exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke 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 Section III - Limits of Insurance. SECTION III — LIMITS OF INSURANCE, paragraph 6 is replaced with: 6. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke or sprinkler leakage, while rented to you or temporarily occupied by you with permission of the owner. The limit is increased to $300,000. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance, b. Excess Insurance (1) (a) (ii) is replaced with: (ii) That is Fire, Lightning, Explosion, Smoke or Sprinkler leakage insurance for premises rented to you or temporarily occupied by you with permission of the owner. SUPPLEMENTARY PAYMENTS SECTION I — COVERAGES, SUPPLEMEN- TARY PAYMENTS — COVERAGES A AND B is amended as follows: 1. 1. b. replaced with: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. 1. d. replaced with: 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. NEWLY FORMED AND ACQUIRED ORGANIZATIONS SECTION II — WHO IS AN INSURED is amended as follows: . 1. 3. a. is replaced with: 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; ADDITIONAL INSURED — WHEN REQUIRED IN AN AGREEMENT OR CONTRACT WITH YOU The following is added to SECTION II — WHO IS AN INSURED 4. Any person(s) or organization(s) with whom you have agreed in a valid written contract or written agreement that such person or organization be added as an additional insured on your policy during the policy period shown in the Declarations. Such person or organization is an additional insured only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury". The person or organization added as an insured by this endorsement is an insured only to the extent you are held liable due to: Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., CG 72 88 11 11 with its permission. a. Lessors of Leased Equipment Maintenance, operation or use of equipment leased to you by such person or organization. This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. However, their status as additional insured under this policy ends when their lease, contract or agreement with you for such leased equipment expires. b. Managers or Lessors of Premises The ownership, maintenance or use of that part of the premises you own, rent, lease or occupy. This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new con- struction or demolition operations performed by or on behalf of the person or organization. However, their status as additional insured under this policy ends when you cease to be a tenant of such premises. c. State or Political Subdivision - Permits Operations performed by you or on your behalf for which the state or political subdivision has issued a permit. This insurance does not apply to: (1) "Bodily injury" or "property damage" or "personal or advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products - completed operations hazard ". However, such state or political subdivision's status as additional insured under this policy ends when the permit ends. d. Owners, Lessees, or Contractors "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; CG 72 88 11 11 in the performance of your ongoing operations performed for that additional insured, whether the work is performed by you or on your behalf. The insurance does not apply to: (1) "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 survey services, including: (a) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, survey, field orders, change orders or drawings and specifications: or (b) Supervisory, inspection, architec- tural or engineering activities. (2) "Bodily injury" or "property damage" occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. However, a person or organization's status as additional insured under this policy ends when your operations for that additional insured are completed. AGGREGATE LIMIT PER PROJECT SECTION III — LIMITS OF INSURANCE The following paragraph is added to paragraph 2: The General Aggregate Limit under Section III Limits of Insurance applies separately to each of your construction projects away from premises owned by or rented to you. CG 72 88 11 11 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 4 with its permission. CG 72 88 11 11 MEDICAL PAYMENTS SECTION III — LIMITS OF INSURANCE, Paragraph 7. is replaced: 7. Subject to 5. above, the higher of: a. $10,000; or b. The amount shown in the Declarations for Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by one person. This coverage does not apply if Coverage C — Medical Payments is excluded either by the provisions of any coverage forms attached to the policy or by endorsement. KNOWLEDGE OF AN OCCURRENCE SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, The following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit condition: e. Knowledge of an occurrence, offense, claim or suit by an agent or employee of any insured shall not in itself constitute knowledge of the insured unless you, a partner, if you are a partnership; or an executive officer or insurance manager, if you are a corporation receives such notice of an occurrence, offense, claim or suit from the agent or employee. f. The requirements in Section IV — Conditions Paragraph 2.b. will not be considered breached unless there is knowledge of occurrence as outlined in paragraph e. above. UNINTENTIONAL FAILURE TO DISCLOSE HAZARD SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended to include: d. Your failure to disclose all hazards or prior "occurrences" or offenses existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" or offenses is not intentional. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. WAIVER OF SUBROGATION SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights of Recovery Against Others to Us is amended to include: If required by a written contract executed prior to loss, we waive any right of subrogation we may have against the contracting person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazards ". LIBERALIZATION SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 10. Liberalization is added as follows: If we revise this coverage form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. BROADENED BODILY INJURY DEFINITION (MENTAL ANGUISH) SECTION V — DEFINITIONS is amended as follows: 1. 3. "Bodily injury" is deleted and replaced with the following: "Bodily injury" means physical injury, sickness or disease, to a person and, if arising out of the foregoing, mental anguish, mental injury, shock or humiliation, including death at any time resulting therefrom. All terms and conditions of this policy apply unless modified by this endorsement. Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., CG 72 88 11 11 with its permission. CG 72 88 11 11 MEDICAL PAYMENTS SECTION III — LIMITS OF INSURANCE, Paragraph 7. is replaced: 7. Subject to 5. above, the higher of: a. $10,000; or b. The amount shown in the Declarations for Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by one person. This coverage does not apply if Coverage C — Medical Payments is excluded either by the provisions of any coverage forms attached to the policy or by endorsement. KNOWLEDGE OF AN OCCURRENCE SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, The following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit condition: e. Knowledge of an occurrence, offense, claim or suit by an agent or employee of any insured shall not in itself constitute knowledge of the insured unless you, a partner, if you are a partnership; or an executive officer or insurance manager, if you are a corporation receives such notice of an occurrence, offense, claim or suit from the agent or employee. f. The requirements in Section IV — Conditions Paragraph 2.b. will not be considered breached unless there is knowledge of occurrence as outlined in paragraph e. above. UNINTENTIONAL FAILURE TO DISCLOSE HAZARD SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended to include: d. Your failure to disclose all hazards or prior "occurrences" or offenses existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior `occurrences" or offenses is not intentional. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. WAIVER OF SUBROGATION SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights of Recovery Against Others to Us is amended to include: If required by a written contract executed prior to loss, we waive any right of subrogation we may have against the contracting person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazards ". LIBERALIZATION SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 10. Liberalization is added as follows: If we revise this coverage form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. BROADENED BODILY INJURY DEFINITION (MENTAL ANGUISH) SECTION V — DEFINITIONS is amended as follows: 1. 3. 'Bodily injury" is deleted and replaced with the following: "Bodily injury" means physical injury, sickness or disease to a person and, if arising out of the foregoing, mental anguish, mental injury, shock or humiliation, including death at any time resulting therefrom. All terms and conditions of this policy apply unless modified by this endorsement. Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., CG 72 88 11 11 with its permission. COMMERCIAL AUTO AC 01 02WA 0310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO.EXTENSION ENDORSEMENT- WASHINGTON This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM A. CHANGES FOR TRAILERS AND FARM EQUIPMENT 1. Under the COVERED AUTOS Section, the following are added to Paragraph C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos: 4. "Trailers" designed to be towed by a private passenger type "auto" or a pickup, panel truck or van if not used for business purposes, other than farming or ranching. 5. Farm wagons or farm implements while being towed by a covered "au- to". B. CHANGES FOR ADDITIONAL NEWLY ACQUIRED VEHICLES 2, Paragraph B.2 of the COVERED AUTOS SECTION Is replaced by the following: 2. If Symbol(s) Tor 67 is entered next to a coverage In Item Two of the Decla- rations, an "auto" you acquire will be a covered "auto" for that coverage only if: a. We already cover at least one "auto" you own for that coverage or it replaces an "auto" you pre- viously owned that had that cov- erage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. The most we will pay for Physical Dam- age Coverage for "loss" under this Cov- erage Extension is $100,000 per "auto ", subject to the largest deductible applica- ble to any "auto" for that Coverage. C. BLANKET ADDITIONAL INSURED Any person or organization which you have agreed to name as an additional insured in a written contract, executed prior to an acci- dent, other than a contract for the lease or rental of a vehicle is an "Insured" for Llablllty Coverage, but only to the extent that person or organization qualifies as an "Insured" under the Who Is An Insured Provision con- tained in the LIABILITY COVERAGE SECTION of the Coverage Form D. REPLACED EXCLUSIONS The Expected or Intended Injury Exclusion In the LIABILITY COVERAGE SECTION is replaced by the following: Expected or Intended Injury "Bodily Injury" or "property damage" which is expected or intended by the "insured ". This exclusion applies even if the resulting "bodi- ly injury" or "property damage ": a, is of a different kind, quality or degree than Initially expected or Intended; or b. is sustained by a different person, entity, real property, or personal property than that initially expected or Intended. E. ADDITIONAL EXCLUSIONS The following exclusions are added to the LIABILITY COVERAGE SECTION: Damage to Named Insured's Property Any claim or "suit" for " property damage" by you or on your behalf against any other per- son or entity that is also a Named Insured under this policy. Awuse or Molestation AC 01 02WA 03 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission ACP BA 754. 6088315 LMG5 11353 INSURED COPY AC0102031000 Ml Page 1 of 4 76 0069473 AC 01' 02WA 03 110 "Bodily injury" or "property damage" aris- ing out of: a. The actual or threatened abuse or molestation by anyone or any person while In the care, custody or control of any "Insured ", or b. The negligent, 1) Employment; 2) investigation; 3) Supervision; 4) Reporting to the proper aulhod- ties, or failure to so report; or 5) Retention; of a person for whom any "insured" is or ever was legally responsible and whose conductwould be excluded by Paragraph a. above. Abuse means an act which is committed with the Intent to cause harm. Explosives "Bodily Injury" or "property damage" caused by the explosion of explosives you make, sell or transport. Rolling Stores Ifi a covered "auto" is a rolling store-, "bo- dily injury" or "property damage" resulting from the handling, use or condition of any item the "insured" makes, sells or distd- butes if the Injury or damage occurs after the "insured" has given up possession of the item. Wrong Delivery of Liquid Products "Bodily injury" or "property damago" ro- sulting from the delivery of any liquid into the wrong receptacle or to the wrong ad- dress, or from the delivery of one liquid for another, if the "bodily injury" or "prop- erty damage" occurs after the delivery has been completed. Delivery is considered completed even if further service or maintenance work, or correction, repair or replacement is re- quired because of wrong delivery. Professional Services "Bodily injury": a. Resulting from the providing or the failure to provide any medical or oth- er professional services. Page 2 of 4 ACP BA 75-0-5095315 b. Resulting from food or drink furnished with these services. "Bodily injury" or "property damage" result- ing from the handling of corpses. F. MOTOR HOME CONTENTS COVERAGE 1. For a covered "auto" that is a motor home the following exclusions are added to the PHYSICAL DAMAGE COVERAGE SECTION; Motor Home Contents This Insurance does not apply to; a. "Loss" to the covered "auto's" contents, except equipment usual to trucks or pri- vate passenger "autos ". b. "Loss" to TV antennas, awnings or ca- banas. G. "Loss" to equipment designed to create added living facilities. However, these exclusions do not apply if Miscellaneous Personal Property Coverage is provided by endorsement to this policy. G. ACCIDENTAL AIRBAG DISCHARGE COVERAGE Under Paragraph B.3.a. of the PHYSICAL DAMAGE COVERAGE SEQTIQN, the following Is added: Mechanical breakdown does not Include the ac- cidental discharge of an alrbag. H. PHYSICAL DAMAGE LIMIT OF INSURANCE Under PHYSICAL DAMAGE COVERAGE SECTION, Paragraph C, Limit of Insurance is replaced by the following: C. Limit Of Insurance 1. The most we will pay for "loss" in any one "acoldeni" is the lesser of: a. The actual cash value of the dam- aged or stolen property as of the time of the "loss "; or U. The Cast of repairing or replacing the damaged or stolen property. . 2. $1,000 is the most we will pay for 'loss" in any one "accident" to all electronic equipment that reproduces, receives or Includes copyrighted material of tasurancs Services Otlice, Inc, with its parmission LM85 11353 INSURED COPY A00102031000 0001 AC 01 02WA 0310 75 0086474 l AC 01 02WA 63 id transmits audio, visual or data signals which, at the time of "loss", is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto' manufacturer for the installation of such equipment. b. Removable from a permanently Installed housing unit as de- scribed in Paragraph 2.a. above or is an Integral part of that equipment; or c. An integral part of such equip- ment. 3. An adjustment for depreclatlon and physical condition wlll be made in de- termining actual cash value in the event of total "loss ". 4. The cost of repairing or replacing may: a. Be based on an estimate which includes parts furnished by the original equipment manufacturer or other sources including non - original equipment manufactur- ers and b. Include a deduction fdr better- ment for a part or parts that are normally subject to repair or re- placement during the useful life of the "auto" such as, but not li- mited to tires and batteries. Betterment means the difference between the actual cash value of a part immediately before the "loss" and the cost to replace that part with a new part. 5. If we offer to pay the actual cash val- ue of the damaged or stolen proper- ty, we will value auto advertising wraps, paint customization, and simi- lar business related advertising mod- ifications, in addition to the actual cash value of the property. Auto ad- vertising wraps, paint customization, and similar business related advertis- ing modifications will be valued at the cost to replace them with an adjust- ment made for depreciation and physical condition. I. GLASS REPAIR WAIVER OF DEDUCTIBLE Under Paragraph D. Deductible of the PHYSICAL DAMAGE COVERAGE SECTION, the following is added: No deductible applies to glass damage if the glass Is repaired rather than replaced. J. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS The requirement in Loss Condltlon 2.a. Duties In The Event Of Accident, Claim, Suit Or Loss --of the BUSINESS AUTO CONDITIONS SECTION and the MOTOR CARRIER CONDITIONS SECTION that you must notify us of an "acci- dent", "claim ", "sult ", or "foss" applies only when the "accident, "claim ", "suit", 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 the employee desig- nated by you to give such notice if you are a corporation; or 4. A member, If you are a limited liabilfty com- pany. K. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS The BUSINESS AUTO CONDITIONS SECTION and MOTOR CARRIER CONDITIONS SECTION -13.2. are amended by the addition of the following: If you unintentionally fail to dlselose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this prevision does riot affect our righi to collect addi- tional premium or exercise our right of cancella- tion or nonrenewal. L. AUTOS HIRED OR RENTED BY EMPLOYEES If hired or rented "autos" are covered "autos" on this policy, the following provisions apply: A. Changes In Liability Coverage The following is added to the Who Is An In- sured Provision in the LIABILITY COVERAGE SECTION: An "employee" of yours Is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" AC 01 02WA 0310 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 3 of 4 ACP BA 7"- CA96316 LLIG6 11353 INSURED COPY AC01028310OD 0001 76 006B476 AC oi- o2WA o310' name, with your permission, while per- forming duties related 1: the conduct of your business. B. Changes In General Conditions Paragraph v.b, of the Other Insurance Condition and paragraph 51 of the Other Insurance Condition In the Motor Carrier Coverage Form Is replaced by the following: For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract in that Individual "employee's" name, with your permission, while perform - Ing duties related to the conduct of your business. However, any "auto" that Is leased, hired, rented or borrowed with a driver is not a covere d- "auto ". M. EMERGENCY LOCKOUT- PRIVATE PASSENGER VEHICLES We will reimburse you up to $50 for reasonable expense incurred for the services of a locksmith to gain entry into your covered "auto" of the pri- vate passenger type subject to these provisions: I . Your door key or key entry pad has been lost, stolen or locked in your covered "auto" and you are unable to enter such "auto ", or 2. Your key or key entry pad has been lost or stolen and you have changed the lock to prevent an unauthorized entry; and 3. Original copies of receipts for services of a locksmith must be provided before refm- bursement is payable. N. LIBERALIZATION Paragraph 3.of the Other Insurance Condition In the Business Auto Coverage Form is replaced by the following: If we adopt any revision thatwould broaden the coverage under this policy without additional premium within 60 days prior to or dur- ing the policy period, the broadened coverage will immediately apply to this policy. All terms and conditions of this policy Apply unless modified by this endorsement. Page 4 of 4 ACP BA 75.0. 6085318 Includes copyrighted material of Insurance Services Office, ino., with its permission LM ©6 11363 INSURED COPY AC01 020 31 00D 01191 AC 01 02WA 0310 75 W50476 COMPLIANCE WITH IMMIGRATION AND NATURALIZATION ACT The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986, as amended. The City requires that all contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand Dollars ($5,000), or any other city contract in excess of Two Thousand Five Hundred Dollars ($2,500), enroll in the E- Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States. E- Verify will be used-for newly hired employees during the term of the contract ONLY: it is NOT to be used for existing employees. The Contractor must remain enrolled in the program for the duration of the contract and be responsible-for verification of every applicable subcontractor. The contractor shall sign and return with their bid response the E- Verify Declaration below. Failure to do so may be cause for rejection of bid. E- VERIFY COMPLIANCE DECLARATION The undersigned declares, under penalty of perjury under the laws of Washington State that: 1. By submitting this Declaration, I certify that I do not and will not, during the performance of this contract, employ illegal alien workers, or otherwise violate-the provisions of the Federal Immigration Reform and Control Act of 1986. .2. 1 agree to enroll in E- Verify prior to the start date of any contract issued by the City of Yakima to ensure that my workforce is legal to work in the United States of America. I agree to use E- Verify for all newly hired employees during the length of the contract. 3. 1 certify that I am duly authorized to sign this declaration on behalf of my company. 4. 1 acknowledge that the City of Yakima reserves the right to require evidence of enrollment of the E- Verify program at any time and that non - compliance could lead to suspension of this contract. Firm Name: MSI Construction Inc. .Dated this 7th d f June ,.2013 .Signature. Pri ame: James Kloster, General Manager Phone #: 509 - 457 -3634 Email Address: iim@msiconstruction.com DEPARTMENT OF UTILITIES & ENGINEERING Debbie Cook, PE, Director Doug Mayo, PE, City Engineer Engineering Division 129 North Second Street, 2"d Floor Yakima, Washington 98901 Phone: (509) 575 -6111 -- Fax (509) 576 -6305 ADDENDUM NO. 1 TO THE BID DOCUMENTS & SPECIFICATIONS FOR THE CITY OF YAKIMA, WA for Capitol Theatre, Stage Floor Repairs & Upgrades CITY OF YAKIMA PROJECT NO.: 2354 BID OPENING: Friday, June 7th, 3:00 p.m., Deliver plans to City Clerk TO THE ATTENTION OF ALL BIDDERS AND PLAN HOLDERS: The Construction Contract Specifications & Bid Documents shall be modified as discussed during the May 29`h, 2013 contractor PreBid walkthrough, as follows: Question (Q) - Should contractors include a bid bond (deposit) with their bid? Answer (A) - Yes. The Bid Bond (deposit) shall meet the following specification: A deposit of at least 5 percent of the total Bid shall accompany each Bid. This deposit may be cash, certified check, cashier's check, or a proposal bond (Surety bond). Any proposal bond shall be on a form acceptable to the Contracting Agency and shall be signed by the Bidder and the Surety. A proposal bond shall not be conditioned in any way to modify the minimum 5 percent required. The Surety shall: (1) be registered with the Washington State Insurance Commissioner, and (2) appear on the current Authorized Insurance List in the State of Washington published by the Office of the Insurance Commissioner. The failure to furnish a Bid deposit of a minimum of 5 percent with the Bid shall make the Bid nonresponsive and shall cause the Bid to be rejected by the Contracting Agency. Bid bonds shall contain the following: I. Contracting Agency- assigned number for the project; 2.Name of the project; 3.The Contracting Agency named as obligee; 4.The amount of the bid bond stated either as a dollar figure or as a percentage which represents five percent of the maximum bid amount that could be awarded; 5. Signature of the bidder's officer empowered to sign official statements. The signature of the person authorized to submit the bid should agree with the signature on the bond, and the title of the person must accompany the said signature; 6.The signature of the surety's officer empowered to sign the bond and the power of attorney. The bidder may use the bond form included in this Addendum. Addendum No. 1 Page 1 of 6 May 31St, 2013 2. Q - The insurance required has a seemingly expensive premium. Is that amount correct? A - Yes. The level of insurance shown is required. Replace the Certificate of Liability Insurance example in the original bid documents with the Certificate of Liability Insurance example included with this Addendum. 3. Q - Do contractors need builder's risk insurance? A - No. It is not necessary to carry builder's risk. 4. Q - Is the cost of the Building Permit to be in the bid amount? A - No. The City will pay for the building permit. The permit has been submitted. 5. Q - What is the plan sheet drawing scale? A - 1/a inch = 1 foot. (Detail sheets are not to scale). 6. Q - Is the square footage of floor area correct on the drawings? A - No. The floor area for the main stage shall be changed from 2,157 sq. ft. to: 3,157 sq. ft. The floor area for the area forward of the proscenium (area dominated by orchestra pit) is correctly stated. 7. A - Is any work being done in the shaded areas? A - Flooring will not be removed in the shaded areas. At stage left, install new connectors and repair damaged floor joists in shaded area and in the alcove where the future opera shells will be stored. This will require removal and replacement of gypsum ceiling from the underside in some areas. At stage right, install connectors where accessible. 8. Q - Are `sisters' to be placed on all beams? A - For bid purposes, assume that all joists will require sintered members for leveling. 9. Q - The joist layout does not generally match with floor panel layout. Do panels need to be spliced over joists? A - Yes. The first layer of plywood needs to have joints, running parallel to framing, centered on joists. The second layer of plywood and the layer of Plyron do not need joints to be centered on framing members. 10. Q - Shall all T &G plywood and Plyron joints be staggered? A - Yes. Joints should be staggered by a half sheet within layers. Between layers, joints should be staggered by a half sheet in both directions (i.e. neither long joints nor short joints should align between layers). In addition, all edges should be gapped 1/8" for expansion. 11. Q - Is flooring nailed or screwed? A - Plywood is nailed and the Plyron is screwed, slightly recessed, just below flush. Addendum No. 1 Page 2 of 6 May 31St, 2013 12. Q - Does the stage floor finish have a tighter spec? A - Yes. Prime Coat: Use a high - quality Acrylic Latex primer. 2 coats of primer should yield about 2 mil dry film thickness. Follow the primer manufacturer's spread rate recommendation. Top Coat: Use 2 coats of high quality Acrylic Latex top coat from the same manufacturer as the primer to ensure compatibility. Follow the paint manufacturer's application instructions. A total of 4 mil thickness shall be applied. General: Do not use interior grade paints, water base vinyl - acrylic, solvent based alkyd flat, or alkyd solid color stains. 13. Q - What are the measurements of the front of the stage opening? A - The opening at the proscenium is 36' -8" wide x 30' high. A pipe, which can be raised and lowered, will be provided for attaching the top of the dust protection. 14. Q - How many existing joists are anticipated to be replaced due to unseen damage? A - For bidding purposes, assume 5% replacements of damaged joists (not including the area that is indicated for replacement. 15. Q - Does the contractor have to epoxy all beam cracks? A - No. Beam cracks will not need to be epoxied, unless specified by the engineer after post - demolition inspection. At all column locations, horizontal joints between wood capital, column, and beam will need to be epoxied. 16. Q - Will blocking be necessary at all locations it doesn't exist? A - New blocking shall be placed at the perimeter walls where blocking doesn't exist. 17. Q - Is the new blocking to be lumber or can it be plywood? A - Blocking shall be lumber. 18. Q - Will the thickness of the existing flooring layers match the proposed layer thicknesses? A - Based upon openings at the perimeter, yes. (If it is found to not be true, the contractor shall report actual thicknesses to engineer for development of new layer schedule.) 19. Q - Does an electrician have to re- secure the conduit with L &I inspection afterwards ?? A - This is not a City Codes requirement. That determination will need to be made by the contractor. 20. Q - Will the temporary screw jacks under the stage be removed prior to the project? A - Yes. 21. Q - Can we use the loading dock? A - Yes. The contractor can utilize one of the loading docks for delivery of materials, placement of a 30 yard dumpster or other usage. Coordinated usage of one dock is up to the contractor. The adjacent loading dock shall remain unobstructed at all times. 22. Q - Can we store materials in the warehouse due west of the loading dock? A - Yes. The contractor can utilize the warehouse area discussed at the PreBid meeting. Contractor shall keep his material in a neat and orderly fashion on the same side of the warehouse that he is utilizing a loading dock. Addendum No. 1 Page 3 of 6 May 31", 2013 23. Q - Where can a contractor park? A - We should be able to provide the five (5) on- street parking spots on the east side of 4th Street directly east of the 4 I St. Theatre. The contractor will be responsible to sign the spots for "Construction Vehicles Only ". This 4`h Street parking location will not be available Tuesdays and Thursdays after 2:00 p.m. due to the Downtown Celebration activities and closure of this section of 4th Street. Contractors will be able to utilize the one loading dock for a vehicle, or refuse container or deliveries. The adjacent loading dock and other areas shall remain unobstructed. Other parking is available in the Olive Garden parking lot at a cost of $10 /vehicle per day. The e Street parking availability will be verified early next week. This ADDENDUM is to be considered as much a part of the contract provisions as if it were included in the body of the Plans and Specifications. All Bidders shall acknowledge receipt of the ADDENDUM on the proposal form prior to bid opening. APPROVED 1-1 A1att L e,dZ� Matt Leslie Consulting Engineer 5/31/2103 Date END OF ADDENDUM NO.1 Addendum No. 1 Page 4 of 6 May 31St, 2013 BID BOND FORM Herewith find deposit in the form of a certified check, cashiers check or cash in the amount of $ which amount is not less than five percent of the total bid. Sign Here BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, , as principal, and as Surety, are held and firmly bound unto the City of Yakima, as Obligee, in the penal sum of Dollars, for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for , according to the terms of the proposal or bid made by the Principal therefore, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond. SIGNED, SEALED AND DATED THIS DAY OF 120 Principal Surety Received return of deposit in the sum of $ , 20 Addendum No. 1 Page 5 of 6 May 31St, 2013 CERTIFICATEOF LIABILITY INSURANCE NO!R � $,UPON Lr CbMCATE -TkiS CIATLWprA% 1315SUE0 AS A MAW01 CW AWORVATM *KLV . AMO 00MYEM MW PW +10LOCA-Ims- ww AffvmAlVvF-LY OR W0ATftTLY ' A&"%-4WtWD OR ALTER TIME COVOtAGE AFFCI�*M At. THItPOMMIS SEMV. TM& CERInFMkTE W:fMWRANCF om NOT CONSTrM A COOVACr 8GrtVMN.'TlHQ IDL3LriNr.,4NsuRt-Ris),,AinnWtteo 4th KESENTArW 014_C' MQUCIE R, AN93 1116 CERTIFICATE HOUPIM. IMPORTANT. ll 11he cort*ste lhcA&r hp aM. -900000NAA-411SWUM; Ille pal l9W0-z3—*4wf Ew and ili- thg taMts VW COM41111CM4 Othc-POIMY, GErtaln,palW105 may rQ*lvv" andarimmM., - alf.ilcAn . mmar 14 AgenCy 069* Snd *ddte$4q i* :1 aaaa A — vil e- Named l(tdl►rCd 4, addrdAa r A — VII UUBheUA UAb -if a Mmr. LMA . 1.A-.K4LlI-4L.PL4 M HE PMCNIES OF MSUPAP46 W *01 MW�M11*fi WitWED KAMM ASOVE G� HA'41E girt e W=Wftb, FSOIMBOCPW't', TIMM On MWIMM VAXV CWP.4CY QR*TrQR CCCUL19UT %W4 re ll�l FL VA -"—*T-, 71 Tm Coy qtfy > ta. JjVrt.jjbUW'JTt0,4WpQbftd OkL#I; CM;"n"011, ,prOject name #- -- voct Yddm'3, I p Ohl 2nN CqllErA SHOULD ANY Cr "M ASO" WOMM FOUCIE21 11111 CAA CVLLtD BEFORE THE 'EkPiRAMON MAT9 IREREOF, 610716E VAUL 04 MUMMY ft 4ccokamce mw Ymb Mitt' Fwmsms. r IUZ2 NjrW :1 Dat.el UUBheUA UAb -if a Mmr. LMA Y Ac I yajamaos "MMMA"" toyer's Lials, On ty Date I Date I e L S A ftAh •Aftn Tm Coy qtfy > ta. JjVrt.jjbUW'JTt0,4WpQbftd OkL#I; CM;"n"011, ,prOject name #- -- voct Yddm'3, I p Ohl 2nN CqllErA SHOULD ANY Cr "M ASO" WOMM FOUCIE21 11111 CAA CVLLtD BEFORE THE 'EkPiRAMON MAT9 IREREOF, 610716E VAUL 04 MUMMY ft 4ccokamce mw Ymb Mitt' Fwmsms. Y4)K" IN 90MI Addendum No. 1 Page 6 of 6 May 31't, 2013 DEPARTMENT OF UTILITIES & ENGINEERING Debbie Cook, PE, Director Doug Mayo, PE, City Engineer Engineering Division 129 North Second Street, 2"d Floor Yakima, Washington 98901 Phone: (509) 575 -6111 -- Fax (509) 576 -6305 ADDENDUM NO.2 TO THE BID DOCUMENTS & SPECIFICATIONS FOR THE CITY OF YAKIMA, WA for Capitol Theatre, Stage Floor Repairs & Upgrades CITY OF YAKIMA PROJECT NO.: 2354 BID OPENING: Friday, June 7th, 3:00 p.m.; Deliver plans to City Clerk TO THE ATTENTION OF ALL BIDDERS AND PLAN HOLDERS: The Construction Contract Specifications & Bid Documents shall be modified as follows: The Question & Answer #14 from Addendum #1 14. Q - How many existing joists are anticipated to be replaced due to unseen damage? A - For bidding purposes, assume 5% replacements of damaged joists (not including the area that is indicated for replacement.) Shall be supplemented with: " For joist replacements the contractor can use either double 2x12s or single 4x12s. Both shall be Doug. Fir #1 & Btr. " Question #23 from Addendum #1 and UPDATED Answer 23. Q - Where can a contractor park? A - The City will allow the usage, without charge, the five (5) on- street parking spots on the east side of 4th Street directly east of the 4th St. Theatre. The contractor will be responsible to sign the spots for "Capitol Theatre Construction Vehicles Only ". This 4th Street parking location will not be available Tuesdays and Thursdays after 2:00 p.m. due to the Downtown Celebration activities and closure of this section of 4th Street. Contractors will be able to utilize the one loading dock for a vehicle, or refuse container or deliveries. The adjacent loading dock and other areas shall remain unobstructed. Other parking is available in the Olive Garden parking lot at a cost of $10 /vehicle per day. Addendum No. 2 ` Page 1 of 2 June 3 d, 2013 This ADDENDUM is to be considered as much a part of the contract provisions as if it were included in the body of the Plans and Specifications. All Bidders shall acknowledge receipt of the ADDENDUM on the proposal form prior to bid opening. APPROVED: Alatt Zes&� 61312013 Matt Leslie Date Consulting Engineer END OF ADDENDUM NO.2 Addendum No. 2 Page 2 of 2 June 3rd, 2013