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R-2022-023 Resolution authorizing a contract with Central Paving LLC for the McClure Project 2473 and the 16th Avenue Sidewalk Extension Project 2531
A RESOLUTION RESOLUTION NO. R-2022-023 authorizing an agreement with Central Paving LLC for McClure Elementary School Safety Improvements Project 2473 and 16th Avenue Sidewalk Extension Project 2531 WHEREAS, the City is in the process of improving School Safety at McClure Elementary School, and WHEREAS, City Transit wishes to extend the 16th Avenue sidewalk near Fruitvale Blvd, and WHEREAS, the City desires to enter into a contract with Central Paving LLC to perform construction of sidewalks, curb and gutter, road improvements, crosswalks and ADA ramps in the vicinity of McClure Elementary School and at 16th Avenue; and, WHEREAS, the City of Yakima used the procedure established by Washington State law for the bidding and awarding of public capital improvement projects, and WHEREAS, Central Paving LLC was determined to be qualified to perform the needed design work; and WHEREAS, the project is funded with HLP Grant funds, Transit Grant and General Funds; and WHEREAS, the contract will be null and void if bond and certificate and insurance not received within specified timeframe; and WHEREAS, the Scope of Work and Budget included in this supplement meet the needs and requirements of the City of Yakima for this project, and WHEREAS, the City Council finds that it is in the best interests of the City of Yakima and its residents to undertake the McClure Elementary School Safety Improvements Project 2473 and 16th Avenue Sidewalk Extension Project 2531 and enter into a contract with Central Paving L.L C. to do so; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute a contract with Central Paving LLC, attached hereto and incorporated herein by this reference, not to exceed $407,428.00 (four hundred and seven thousand four hundred twenty-eight Dollars) to provide the construction as described in the Agreement. ADOPTED BY THE CITY COUNCIL this 15th day of February, 2022.� ATT ST: laar Tee, City Clerk Janice Decc , Mayor CT THIS AGREEMENT, made and entered into hxtriplicate, this p+ day uf1Du*t^6^,,, 2U21.byand between the City ofYakima, hereinafter called the Owner, and Central hereinafter called the Contractor. V0TNES8GTH: That in consideration of the 0nnns and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree anfollows: I. The Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID AMOUNT OF: $407,428.00, for McClure Elementary School Safety Improvements and 101 Avenue Sidewalk Extension, City of Yakima Project Nos. 2473 and 2531, all in accordance with, and as descHbed in the attached plans and specifications and the 2021 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 ahuU be completed in Forty -Five (45) working days. If work has not commenced within the ten (10) days after the Notice to Proceed, the first chargeable working day shall be the 11 th day after the date nnwhich the City issues the Notice VoProceed. Ifsaid 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 cf the specified time, aoliquidated 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. ||. 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 upooifiooUnna and the schedule ofunit ur itemized prices hereto attached, atthe time and in the manner and upon the conditions provided for inthis contract. Ui 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. /V. 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. bisfurther 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 OFYAK|MA this day of By: CITY CONTRACT NO: U0 CONTRACTOR Ux— mUmited Liability Company Contractor itA (Print Name) (y\,(rvmJ4K,y^— ,sident, Owner, etc.) a AWRLY CENTPAV-02 CERTIFICATE OF LIABILITY INSURANCE AFIANPE DATE (MMIDD/YYYY) 12/16/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorrsemerit s PRODUCER Terril, Lewis & Wilke Insurance, Inc. P.O. Box 1789 Yakima, WA 98907 INSURED Central Paving, LLC 1410 W Dolarway Road Ellensburg, WA 98926 COVERAGES 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. ADiL SUMPOLICY EFF , 0.1..L....... �- TYPE OF INSURANCE POLICY NUMBER POLICYOLICY ExP �,. ...-. ate A LIMITS NAME. T PHONE LAIC, No INSURER(S) AFFORDING COVERAGE NAIL NSURER A Western National Mutual Insurance Co «mm 1 377 ....... iN RER m ..m_ &NSUR;ER C :, w INSURER ©w ._._. SURER E INSURER F : REVISION NUMBER: X COMMERCIAL GENERAL LIABILITY GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO- LOC JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO XOWNED SCHEDULED AUTOS ONLY X AUTOS CERTIFICATE NUMBER: X. �S ONLY X AUTOS o UMBRELLA LIAB X OCCUR EXCESS LIAB W___. CLAIMS -MADE RETENTION$ 10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE (M Fndatlry In gNH) EXCLUDED? If Yes, doscrIbeunder DESCRIPTION ©F OPERATIONS below YIN CPP1176974 CPP1176500 M81029767 12/11/2021 12/11/2021 12/11/2021 12I11/2022 12/11/2022 12/11/2022 2,000,000 1,000,000 1,000,000 2,000,000 2,000,000 EACH OCCURRENCE DAMAGE TO RENTED _ESEMISE.61 Lqt ar(rvr M9;,D EXP Any one_perstnJ„_ PERSONAL & A©V INJURY, GENERAL AGGREGATE PRODUCTS:CQMP/OP AGG WA STOP GAP 1,000,000 100,000 5,000 ©'0o;000 2,000,000 S COMBINED SINGLE IT e00iLY1NJURY'(Pa eASr BODILY INJURY (Per scciden(} (ROPERitleniTY AMAGE ,,,, scc,®,„„ EACH OCCURRENCE AGGREGATE S $ PER OTH- _ ITALUTE ER EL. EACH ACCIDENT_.�,m�„ E.L. DISEASE EA EMPLOYEE! $ EA. DISEASE -POLICY LIMIT, DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (AC Project: McClure Elementary School Safety Imam City Project No# 2473 & 2531 City of Yakima Department of Public Works is additional insured per written contract per form WNGLI39 0618. Coverage Is Primary and Non -Contributory with Completed Operations per form WNGL139 0618. Waiver of Subrogation applies per form WNGL39 0818. Auto additional insured and waiver of subrogation applies per WNCA27 0616. Endorsements attached. Per Project Agg. CG2503 0509 D 101, Additional Remarks Schedule, may be attached If more space Is required) ents & 16th Ave Sidewalk Extension CERTIFICATE HOLDER City of Yakima, Department of Public Works 129 North Second Street Yakima, WA 98901 CANC ATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY WN GL139 06 18 THUS ENDORSEMENT CHANGES THE POLICY' PLEASE READ KTCAREFULLY. ADDITIONAL N����UU������ ~~ CONTRACTORS �� �p���~m o n��u���m~ mo������=���� ���r�� " ~~��"~= " ~�"~~~ OPERA�����������~������� ������ COMPLETED �����������~������� ~_ TIONS x��o��� ��u��* ����,�mx u��~ u �~�� OPERATIONS �����������l[ ���Ul��� ������U�[U������U INSURED REQUIREMENT K�� �*����������UU�~l�U���� ������l7�������� n»� CONSTRUCTION CONTRACT n����~ n This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Additknnm|Inmmred—Openath»nm A. Section UU —Who As An Insured is amended toinclude aoanadd�iona|inoured� (1) Any person ororganization for whom you are performing operations when you and such person ororganization have agreed in writing in o contract oragreement that such person nrorganization bmadded mw anadditional insured onyour policy; and (2) Any other person ororganization you are required to odd as an additional insured under the contract or agreement -de- scribed in Paragraph 1. above. Such person(s) oroqgan|zoUon(o) is an mdd' Uonm| insured only with respect to liability for "bodily injury","property damage" or "per- sonal and advertising injury" caused, in whole urin pad. by: ' m. Your acts oromissions; or b. The acts oromissions ofthose acting on your behalf; in the performance of your ongoing opera- tions for the additional insured. B. With respect to Additional Insured -Opmna- t|onm. coverage is limited as follows: This insurance does not apply to "bodily in- jury"ur"property damage" occurring after: (1) All vmork, including materials,parts or equipment furnished in connection with such work, nnthe project (other than eep vica, maintenance or repairs) to be per- formed byuron behalf ofthe additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury ordamage arises has been put to its intended use by any person oror- ganization other than another contractor or subcontractor engaged in performing operations for aprincipal aoapart ofthe same project. 2. Add|tKonaUYnmunmd—Cmmmpleted Operations A. Section || —Who Is An Insured is amended tminclude moonadditional insured: (1) Any person cvorganization for whom you are performing operations when you and such person ororganization have agreed in vvdUng in aoontnsot or agreement that such personnrorganization beadded eo mnadditional insured onyour policy; and (2) Any other person mrorganization you are required toadd as an additional insured under the contract or agreement de- scribed inParagraph 1.above. Such person(s) or orenizmtion(o) is an addi- tional insured only with respect to liability for "bodily injury", "property damage" or "per- sonal and advertising injury" caused, in whole orinpart, by: a' Your acts oromissions; or b' The acts oromissions nfthose acting on your behalf; and included inthe "prod ucte'nomp|ebad operations hazard". - Page 1 of 2 Includes copyrighted material ovInsurance Services omoo |no,with its permission. B. With respect to Additiona||nsured—Com- pleted Oporationa.00veuageio|imitmdaofol- (1) Aperson oror anizatkm'oobatuuauanin- ourad under Additional Insured —Com- p|etmd Operations continues only for the period oftime required byany written con- tract oragreement. (2) The insurance provided tothe additional insured does not apply to "bodily injury", "property damage" or "personal and ad- vertising injury" arising out of"your work" for which oconsolidated (wnap'up)insur- ance program has been provided by the prime contractor -project manager or owner ofthe construction project inwhich you are involved. 3. Primary and Noncontributory The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek con- tribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured ivaNamed Insured un- der such other inounanoe�and (3) You have agreed in writing inacontract or agreement that this insurance would be pri- mary and would not seek contribution from any other insurance available tothe additional insured. 4. Other Provisions Applicable to Additional In- sured —Oparat|mmm and Additional Insured — Completed Operations A. The Amendment of Insured Contract Defini- tion (Endorsement CG 24 26) does not apply toanadditional insured. B. The coverage provided under Paragraph tof the definition of"insured contract" under Sec- tion V—De5nitimnmdoeonutopp|yhoanad- ditional insured under this endorsement un- less required by o written contract o, agreement. C. The insurance afforded tosuch additional in- sured only applies tothe extent permitted by |ovv; and |fcoverage provided hothe additional insured is required by contract oragreement, the in- surance afforded to such additional insured will not bebroader than that which you are re- quired bythenontnactorogveementtoprovide for such additional insured. D. With respect to the insurance afforded to these additional inmun*da, the following is added toSection III — Limits 0fInsurance: |fcoverage provided tothe additional insured is required by o contract or agreemmnt, the most we will pay on behalf of the additional insured is: (1) The minimum amount required by the contract or agreement; or (2) The Limits mfInsurance shown inthe Oac- |omtinnn; whichever ioless. This endorsement shall not increase the ap- plicable Limduof|naunanmaohowninthaDen- (aneUonu. E. With respect to the insurance afforded to these additional inounedu, the following addi- tional exclusion applies: This insurance does not apply to: "Bodily injury", ''property damage" or "per- sonal and advertising injury" arising out of the rendering of, orthe failure turender, any pro- fessional anohibactura|. engineering orsurvey- ing services, including: (1) The pn*pahng, approving, or failing to prepare or approve, mapo, shop dnyw- ings, opiniono, nepoda, ounxeyo, field or- ders, change mndemo or drawings and specifications; or ^I) (2) Gupemioory, inopection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negli- gence orother wrongdoing inthe supervision, hihng, emp|oyment, training or monitoring of others by that inouned, if the "occurrence" which caused the "bodily injury" or "property domage^, or the offense which caused the ^peroona|and advertising injury'.involved the rendering of or failure to render any profes- sional omn/ioaa by you with respect to your providing engineering, architectural orsurvey- ing services in your capacity ao an engineer, architect orsurveyor. Page 2 of 2 Includes copyrighted material mInsurance Services Office, |mc.with its permission. � COMMERICAL GENERAL LIABILITY WNGL39 0818 COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSE ENT The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage ienhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage s provided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES Bodily Injury And Property Damage Liability Property - ] m" Elevators �Fire, Lightning, Explosion OrSprinkler Leakage Exception ..a.,~~~."_._~~°~+......... --- ........ 3 ^* Borrowed Equipment ($25.OQUPer Occurrence, $5U.00OAggregate, $2.5OODeductible Per Occurrence ....... -...~.._.__-^~^~'^.~~._-`-.,^_°_,~.--.,-........ =^.~ 3 Supplementary Payments`-3 • Bail Bonds ................. -_~___,`^,~^__*,_~~~___,_,...... ~~~___~ • Loss of Earnings Up /o$5uwuay ........ ~^^~...--°_~~_^'........ ~-°~~__....... ^~~...... ~~.~~.__, ~ Who Is An Insured Amendments • EmployeeBndi�|rjuryToACo-Emp|oyee..,-_,__-_~._,_w,____,r_,_p_^^-_-___� • Newly Formed OvAcq �d Organizations RnUpTo1OODay 4 Blanket Additional Insured - Vendors -/\sRequired By Contract........................... ........ _... * Blanket Additional Insured - Lessor CfLeased Equipment .'~°`-^'^~...... . 6 � Blanket Additional Insured - Managers OrLessors CfPremises '~'__^_."^_6 *m Blanket Additional Insured - State OrGovernmental Agency OrSubdivision OrPolitical Subdivision - Permits C)rAuthorizations ,^'__`~.°~~`"_/ Blanket Additional Insured - State OrGovernmental Agency OrSubdivision {}rPolitical Subdivision - Permits OrAuthorizations, Relating ToPremises .^.__-_.~......... Damage ToPremises Rented ToYou - $3DU.0OO-^_^....... ~~~~.—._.°.~~`_...... _-~~-=`r`-~» y Medical Payments Increased Limit - $1U.0UO[)rAmount Shown on Declarations ............................ 9 Condition � Knowledge ofOccurrence, offense, Claim OrSuit Amended ................ ^_.......... _-`~=_~~~_,9 � Unintentional Failure ToDisclose Hazards y Waiver of Subrogation 10 Personal And Advertising Injury Redefined 10 WN GL 39 08 18 includes copyrighted material mInsurance Services Office, Inc.. with its permission. Page 1 of 10 COMMERCIAL GENERAL LIABILITY THUS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Commercial General Liability [overage Form identified in this endorsement will beamended ayshown below. SECTION| — COVERAGES AMENDMENTS COVERAGE A— BODILY ;MW0RY AND PROPERTY DAMAGE LIABILITY A. Non Owned Aircraft Or Watercraft Item 2'Exclusions, Paragraph g'isreplaced bythe following: g' Aircraft, Auto Or Watercraft "Bodily injury""property damage" arising out of the nwnership, mainhanance, use or entrustment to others of any aircraft, '�auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading orun|oading''. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, emp|oyment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily |n]ug/'or"property damage" involved in the ownership, main!enmnce, use or entrustment to others of any aircraft, ^auto" or watercraft that is owned or operated by or rented orloaned 0oany insured. This exclusion does not apply to: (1) /\ watercraft while ashore on premises you own or rent; (2)Awatercraft you donot own that is: (m) Less than 5Ufeet long; and (b) Not being used to carry persons or property for a charge; This Subparagraph (2) applies to any person, who with your expressed or implied consent, either uses orisresponsible for the use of the watercraft; (3) Parking an"auto"on, oronthe ways next to, premises you own or mynt, provided the ^auto"isnot owned byorrented orloaned to you orthe insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury' or"property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment' if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed orprincipally garaged; or (b) The operation of any of the machinery orequipment listed in Panagnaphf. (2) or f. (3) of the definition of "mobile equipmenf'. B. Damage To Property Coverage Extensions Item 2,Exclusions, Paragraph j.isreplaced bythe following: j' Damage TmProperty "Property damage" to: (1) Property you mwn, rert, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repoir, rep|mcement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to ano1her's property; (2) Premises you seU, give away orabandon, if the "property damage" arises out ofany part ofthose premises; WN GL 39 08 18 includes copyrighted material ofInsurance Services Office, vc.. with its permission. Page 2m0 10 v (3) Property loaned toyou; (4) Personal property in the care, custody or control ofthe insured; (5) That particular part of real property which you or any xnntm*docs or subcontractors working directly urindirectly onyour behalf are performing openatinns, if the "property damage" arises out ofthose operations; or (8) That particular pad of any property that must be restorad, mapoinad or replaced because "your wmrK'wasincorrectly performed onit. Paragraphs (1). (3) and (4) of this exclusion do not apply to ''property damage" (other than damage by fire' ||ghtning, explosion or sprinkler leakage) to premises, including the contents of such pnamises, rented to you for a period of seven o, fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III —LIMITS OF INSURANCE. However, the provisions ofthis paragraph dnnot apply if coverage for Damage To Premises Rented To You isexcluded byendorsement. Paragraph (2) of this exclusion does not apply if the premises are 'your vvodk' and were never occupied. rented orheld for rental byyou. Ponagnaphs(3) and ofthis exclusion donot apply tothe use ofelevators. Paragraphs (�.(�.��d�������on�r� .- to liability a�*gmad under a sidetrack agreement. Paragraph (4) of this exclusion does not apply to ,.property damage" tn borrowed equipment while not being used to perform operations at the jobsite. Subject to Paragraph 2. of SECTION 8I — LIMITS OF INSURANCE, the rules below fix the most wewill pay for "property damage" under this provision: (1) $25'000 anyone 'bccurnnnme^', regardless of the number of persons or organizations, who sustain damages because mfthat 'occunence^; (2) $50.UO0annual aggregate; and (3) We will pay only for damages in excess of$2.5OO as a result ofany one 'bocurnence''. regardless of the number of persons or organizations who sustain damages because of that "occurrence". We may, orifrequired by |mvv, pay all or any part of any deductible amount, if app|icab|e, to effect settlement of any claim or ^su|f'' Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the pan of the deductible amount we paid. Paragraph (6) of this exclusion does not apply to damage" included in the "prod ucts-completed operations hazard". The insurance provided for "property damage" from the use of elevators and for "property damage" to borrowed equipment is excess over any other valid and collectible property insurance (including any deductible portion thereof) available to the insured whether pr|mary, excess, contingent or on any other basis. C. Damage TmPremises Rented To You Item 2'Exclusions, the last paragraph is replaced by the following: Exclusions c.through In. do not apply to damage by fire. lightning, explosion or sprinkler leakage to occupiedpremises while rented to you or temporarily by you with pen-nission of the owner, A separate limit of insurance applies to this coverage as described in Paragraph 6. of SECTION III — LIMITS OF COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY D. Personal And Advertising Injury Item 2' Exclusions is amended by replacing Sub -paragraphs b.and c'with the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injuD/' arising out of ona|, written, televised, videotaped or electronic publication, in any manner, of material, if done by oratthe direction ofthe insured with knoyybedgaof its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oro|, vvritten, ta|evised, videotaped or electronic pub|icadon, in any manner, of material, whose first publication took place before the beginning ofthe policy period. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B E. Supplementary Pmymmnts—Covmrages Aand B Item 1. is amended by replacing Subparagraphs b. and d. with the following: b. Up to $5,000hn cost of bail bonds required because of accidents or traffic law Violations arising out ofthe use mfany vehicle to which the Bodily Injury Liability Coverage applies. We do not have 0ufurnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. WN GL39 08 18 includes copyrighted material mInsurance Services office, /mv,with its permission. Page 3 of 10 / SECTION U1—WHO UGANINSURED AMENDMENTS A. Employee Bodily Injury To A Co -Employe Paragraph 2.a'(1)isreplaced bythe following: However. none of these "employees" or "volunteer workers" are insureds for "bodily injury' or "personal and advertising in/ugy': (a) To you, hoyour partners or members (if you are a partnership or joint venture), to your members ' (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing dudes related to the conduct of your business' or to your other "volunteer workers" while performing duties related tothe conduct nfyour business; (b) To the spouse, chi|d, parent, brother orsister of the co -"employee" or "volunteer worker' as a consequence ufParagraph (1)(s)above; (c) For which there is any obligation to shave damages with orrepay someone else who must pay damages because ofthe injury described in Paragraph (1)(a)nr(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if a sub seeking damages for ''bodily injury" or "personal and advertising injury/' to any co-'�smp|oyee'orother "volunteer worker' arising out of and in the course of the co -"employee's" or "volunteer wmrker's'employment orvvhi rming �&�m��d to the conduct of your business,` or a suit seeking damages brought by the spouse, chi|d, parent, brother or sister of the co -"employee" or other "volunteer wmrker'. is brought against you or a co -"employee" or a "volunteer worke/', we will reimburse the reasonable costs that you incur in providing a defense to the co -"employee" or "volunteer worker' against such matters. Any reimbursement made pursuant to this sub -section will be in addition to the limits of liability set forth in the Declarations. B. Newly Acquired Organizations Paragraph 3. a. is replaced bythe following: a. Coverage under this provision is afforded only until the 180'� day after you acquire or form the organization or the end of the policy period, whichever is earlier; The following are added: C. Blanket Additional Insured — Vendors — As Required By Contract 1. Section UU—Who IsAmInsured isamended 0o include asanadditional insured any person(s)or organization(s) (referred to throughout this endorsement as vendor) with whom you have agreed in a written contract, executed prior to |oss, toname msanadditional insuned, but only with respect to "bodily injury" or ''property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. However, a. The insurance afforded to such vendor only applies hothe extent permitted bylaw; and b. If coverage provided to the vendor is required by a contract or agneement, the insurance afforded to such vendor will not bebroader than that which you are required by the contract or agreement to provide for such vendor. 2. With respect tothe insurance afforded to these vendors, the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: (1) "Bodily iniry" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply toliability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspecdon, demonstnadon, testing, or the substitution of parts under instructions from the manufac1urer, and then repackaged inthe original container; VVN GL 39 08 18 includes copyrighted material mInsurance Services Office, Inc., with its permission. Page 4 of 10 (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution orsale ofthe products; (6) Demonstration, insta|bdon, servicing or repairexcept operations performed at the vendor's premises in connection with 'the sale o/ the product; (7) Products which, after distribution or sale byyou, ~ have been labeled orrelabeled ^or `'~mse'd as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) ''Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. Hmwevar, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (4)or(6);or (Q) Such inspections, adjustmen1s, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 3' This Provision C. does not apply: a' To any insured person or organization whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products; b. To any vendor for which coverage as an additional insured specifically is scheduled byendorsement; nr c. When liabilityincluded within the "prod ucts-com pleted operations'hazard"s been excluded for such product either by the provisions of the coverage pan or by endorsement. 4. With vendors, the following is added to Section III - Limits Of Insurance: If coverage provided to the vendor isrequired by a contract or agreement,the most wewill pay on behalf ofthe vendor is: a. The minimum amount required by the contract oragreement; or b. The Limits of Insurance shown in the whichever is less This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 5. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: -' "Bodily injury', "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approviog, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supen/isory, inspecdon, architectural or engineering activities. This exclusion |i sevenif the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured. if the "occurrence" which caused the "bodily injury" or "property damage". or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. WN GL 39 08 18 includes copyrighted material mInsurance Services Office, Inc., with its permission. Page 5mf 10 D. Blanket Additional hmsmrmd— Lessor Of Leased Equipment 1. Section U—WhohsAn Insured is amended to include asmnadditional insured any person(s)or organization(s) from whom you lease equipment when you and such person(s) ororganizaUon(s) have d in writing in a contract or agveement, executed prior to |oss, that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for ''bodily injury", '.property damage" or "personal and advertising injury" causeU, in vvko|e or in part, by your main0enance, operation or use of equipment leased to you by such person(s) or nrganizadon(s). However, the insurance afforded to such additional insured: m' Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or nrganizadon's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. 2. With respect tnthe insurance afforded to these additional insuveds, this insurance do�s'/?ot apply to any ^occurvence" which takes place after the equipment lease expires. 3' With respect tothe insurance afforded to these additional iosuneds, the following is added to Section III — Limits 0fInsurance: If coverage provided to the additional insured is required by contract nragreement, the most we will pay on behalf nfthe additional insured is: a' The minimum amount required by the contract oragreement; or b' The Limits of Insurance shown in the Declarations; whichever isless. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 4. With respect tothe insurance afforded to these additional insuneds, the following additional exclusion applies: This insurance does not apply to: a' "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional aohihec1ura|, engineering or surveying services. including: (1) The preparing, appnoving, or failing to prepare or approve, maps, shop dravvings, wpinions, oeports, aunveys, field onders, change orders or drawings and specifications; or (2) Supen/isory, inspec1ion, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, emp|nyment, training or monitoring of others by that insuoed, if the 'bccurrence" which caused the "bodily hnjug/' or "property damage'', or the offense which caused the "personal and advertising injury", involved the rendering oforfailure to vender any professional services by you with respect to your providing engineehng, architectural or surveying services in your capacity as an engineer, architect or surveyor. E. Blanket Additional insured — Managers Or Lessors OfPremises 1' SactonU|—WhoUsAnUmsurmdisamendedto include asanadditional insured any person(s)or organization(s) with whom you have agreed in a written contrac1, executed prior to loss, to name as an additional insuned, but only with respect to liability arising out of the ownership, maintenance or use of that port of the premises leased toyou, subject tothe following additional exclusions: This insurance does not apply to: a' Any "occurrence" which takes place after you cease to be a tenant in that premises. b' Structural a|tecadons, new construction or demolition operations performed by or on behalf ofsuch additional insured. VV0 GIL 39 08 18 includes copyrighted material mInsurance Services omoo' Inc., with its permission. Page 6 of 10 However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additionalinsureds, the following is added to Section III — Limits Of Insurance If coverage provided; to the additional insured is required; by a contact or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is Tess. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "'property damage" or "personal and advertising injury" arising Out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision", hiring„ employment,training or monitoring of others by that insured, if the "occurrences" which caused the "bodily injury" or "property damage", or the offense> which caused the 'personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering architectural or surveying services in your capacity as an engineer, architect or surveyor. F. Blanket Additional Insured — State Or Governmental Agency Or Subdivision Or Political Subdivision — Permits Or Authorizations Section II — Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to: a. "Bodily injury" "property damage" or "personal and advertising injury" arising out of operations performed for the federal` government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products -completed operations hazard". 3. With respect to the insurance afforded to these additional insureds, the following; is added to Section III — Limits Of Insurance : If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. WN GL 39 08 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 10 4. With respect to the insurance afforded to these additional kxsureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "persona|and advertising injury" arising out ofthe rendering of, orthe failure horender, any professional avchitec1una|, engineering orsurveying services, including: (1) The pnepahng, appvuving, or failing to prepare or appnove, maps. shop drawings, opinkons, reports, suneys, field ondecs, change orders or drawings and specifications; or (2) Supemisory, inspecdon, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supem\sion, hiring. employment, training or monitoring of others by that insured, if the '^occurrence" which caused the "bodily hnjug/' or "property damage'", or the offense which caused the "personal and advertising hnjury/ involved the rendering oforfailure to render any professional services by you with respect to your providing engineering, architectural orsurveying services in your capacity as an engineer, architect or sun/eyor. . G. Blanket Additional Insured — State Or Governmental Agency Or Subdivision Or Political Subdivision —Permits Or Authorizations Relating To Premises Section O — Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision with whom you have agreed in a written contnac1, executed prior to |oss, to name as an additional insured, subject tothe following provision: 1. This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit orauthorization in connection with premises you ovvn, rent or control and towhich this insurance applies: a. The existence, main1enance, nepair, construc1ion, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, dhvevvays, manho|es, manqueey, hoist away openings, sidewalk vau|ts, street banners or decorations and similar exposures; or 6. The construction, erection or removal of elevators; or c. The ownership, maintenance or use of any elevators covered bythis insurance. However. a. The insurance afforded to such additional insured only applies tothe extent permitted bylaw; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 3' With respect to the insurance afforded tothese additional insureds' the following is added to Section III — Limits 0f Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most vvewill pay onbehalf ofthe additional insured is: a' The minimum amount required by the contract oragreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits 'of Insurance shown in the Declarations. 3. With respect to the insurance afforded 0othese additional insureds, the following additional exclusion applies: This insurance does not apply to: m' "Bodily injury''. "property damage" or ^persona|and advertising injury" arising out of the rendering of, or the failure to ander, any professional aochitectura|, engineering orsurveying services, including: (1) The pneparing, appvmving, or failing to prepare or approve, maps, shop drawings, opinions, veports, sumeys, field ordes, change orders or drawings and specifications; or (2) Supemisory, inapection, architectural or engineering activities. WON GL 39 08 18 includes copyrighted material ovInsurance Services Office, Inc., with its permission, Page 8mf 10 , This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, biring, emp|oyment, training or monitoring ufothers by that insured' if the .,occurrence" which caused the ''bodik/ injury' or^property damage^, or the offense which caused the "personal and advertising injury', involved the rendering oforfailure to render any professional services by you with respect to your providing enginmedng, mvchhmc1uoa| or surveying services in your capacity as an engineer, architect or surveyor. SECTION NU — LIMITS AMENDMENTS OF INSURANCE A. Damage To Premises Rented To You Paragraph 6'isreplaced bythe following: 6. Subject huParagraph 5.above, the most wewill pay under Coverage Afor damages because nf ..property damage" to any one premises, while rented to you, or in the case of damage by 'Fire, |ightning, explosion or sphnk|or leakage' while rented to you or temporarily occupied by you with permission cf the owner isthe greater of: a' $300.000;or b' The amount shown next to the Damage To Premises Rented To You Limit in the Declarations. However, the provisions nfthis paragraph donot apply ifDamage To Premises Rented To You Coverage isexcluded byendorsement. B. Medical Expense Limit Paragraph 7'isreplaced with the following: 7. Subject to Paragraph S. above, the most we will pay under Coverage C for all medical expenses because cf"bodily injury' sustained byany one person is the greater of: m' $10.000; or b' The amount shown next to the Medical Expense Limit inthe Declarations. This insurance does not apply if coverage for Medical Expenses is excluded either by the provisions of the coverage part or by endorsement. SECTION Ny—COMMERCIAL GENERAL LIABILITY CONDITIONS AMENDMENTS A. Knowledge Of Occurrence Item 2' Duties In The Event Of Occurrence, Offense, CAm|,n or Suit is amended by adding the following: e. You must give us or our authorized representative prompt nhoemfen'bccunence`^. claim or loss only when the 'occunence^, claim orloss isknown to: (1) You. ifyou are anindividual; (2) Apartner, ifyou are apartnership; (3) An executive officer or insurance manager, ifyou are acorporation; or (4) A member or manager, if you are a limited liability company. B. Other Insurance Item 4. Other Insurance, b. Excess Insurance (1) (a) WQ is replaced by the following: (11|) That is 5vu. |k)htning, explosion or sprinkler leakage insurance for premises rented toyou or temporarily occupied byyou with permission of the owner; C. Unintentional Failure TmDisclose Hazards |���N. Representations is replaced by the following: 6' Representations And Unintentional Failure TmDisclose Hazards a' Byaccepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made tous; and (3) We have issued this policy in reliance upon your representations. b. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. Hmwover, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. Page 9 of 10 WN GL39 08 18 includes copyrighted material mInsurance Services onmo. Inc., with its permission. ^ D. Waiver sfSubrogation Item B. Transfer of Rights of Recovery Against Others to 0s is hereby amended by the addition of the following: We waive any right of recovery we may have because ofpayments wemake for injury ordamage arising out of your ongoing operations or "your work" done under written contrad, executed prior to |oss, requiring such waiver with that person or organization and included in the "products -completed operations hazard". However, our rights may only be waived prior to the ,.occurrence" giving rise to the injury ordamage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request. the insured will bring .,suit" or transfer those rights to us and help us enforce those rights. SECTION Yf—DEFINITIONS AMENDMENTS A. Insured Contract Amended Paragraph 9'a.isreplaced bythe following: a' A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire. lightning, explosion or sprinkler leakage hopremises while rented to you or temporarily occupied by you with permission of the owner is not an "insured B. Personal And Advertising Injury Redefined Paragraph 14. d. and e. are replaced by the d. Dra|, written, hekevised, videotaped or electronic publication ofmaterial that slanders or libels a person or organization or disparages a pecson's ororganbadon'sgoods, products orservice; a. Oxm|, written, te|evised, videotaped or electronic publication of material that violates a persun's right mfprivacy; WN GIL 39 08 18 includes copyrighted material vvInsurance Services Office, /no'with its permission. Page 10 of 10 � BUSINESS AUTO ENHANCEMENT ENDORSEMENT The Business Auto Enhancement Endorsement ioonoptional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this summary, refer to following endorsement for changes in your policy. SU��������������������� PAGE Accidental Airbag Deployment Coverage 4 Auto Loan/Lease Gap Coverage ` Blanket Additional Insured 2 Blanket Waiver mfSubrogation 5 Broadened Definition ofInsured includes: ° Newly Acquired OrQan�aUono�rupho18ODays 2 ° Employees aoInsureds 2 ° Subsidiaries inWhich You Own 5OY6orMore 2 Deductible Waiver for Glass Repair " Employee Hired Auto 2,5 Fellow Employee Coverage 3 Hired Auto Physical Damage Coverage ~ Knowledge ofAccident, Claim, Suit orLoss 5 LooaCfUoeExpmnseo-Amended 3 Personal3E#mcbu � Rental Reimbursement Coverage 4 Supp|emmntoryPaymento-Amendad: 2 ° Bail Bonds up0o$5.00O 2 • Loss ofEarnings upbo$5OO/Doy TnanmpodadonExpmnueLinnita—Ammnded 3 Unintentional Failure huDisclose Hazards 5 Includes copyrighted material mInsurance Services Office, with its permission Page 1wf5 ~ is afforded only for the first 180 days after you acquire orform the organization oruntil the end of the policy pahnd, whichever comes first; (2) does not apply bo"bodily injury" or"property damage" that results from an^accident" that occurred before you formed oracquired the organization; does not apply to any newly acquired or formed organization that ioajoint venture or partnership; and (4) does not apply to an "insured" under any other automobile liability policy, mrwould bw an "insured" under such e policy but for ter- mination of such policy orthe exhaustion of such policy's limits ofinsurance. f. Any "employee" of yours is an "insured" while using o covered "auto" you don't own, hire or borrow inyour business oryour personal affairs. THUS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY �W, SINESS AUTO' ANCE'` �NT This endorsement modifies the insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Business A/dn Coverage Fnnn identified in this endorsement will be amended aoshown below. SECTION 11 — COVERED COVERAGE AMENDMENTS A. Who Is An Insured SECTION UU — COVERED COVERAGE, A.Coverage, 1 ioamended toadd: d' Any legally incorporated subsidiary of yours in which you own more than 5096 of the voting stock onthe effective date ofthis coverage form. However. ''inounad^ does not include any subsidiary of yours that is on ''inoumyd^ under any other automobile liability po|icy, or would be an ''inoured" under such policy but for termination of such policy or the exhaustion on such policy's limits ofinsurance. �- e '.`y"organization which is newly acquired or hanned by you and over which you maintain majority ownership. However, coverage under this provision: AUTOS LIABILITY (1) (3) AUTOS LIABILITY Who Is An Insured g. Any "employee" of yours ison^hnsmed^while operating acovered, ^outo^ hired or rented under a contract or agreement in the "employee's" nomm, with your pamn|nmkm, while performing duties related b»the conduct ofyour business. B. Blanket Additional Insured SECTION UU — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1' Who Is An Insured, paragraph c'|oamended toadd the following: Any person or organization who is required under written contract mragreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that imineffect during the policy period, tobe named as an additional insured is an "insured" for Liability., ge, but only for damages towhich this th'suranceapplies and only ho the extent that persons or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section U. C. Liability Coverage ExtemeWmns—Supplemmntmry Payments SECTION UU — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 2. Coverage Extwmwismm' m' Supplementary Payments is amended by replacing subparagraphs (2) and (4) with the following: (2) Up to $5.000 for cost of bail bonds (including bonds for related traffic |ovv violations) required because of an "accident" we cover. We do not have bofurnish these bonds. (4) All reasonable expenses incurred by the "insured" at our nequeot, including actual |ooa of earnings upho$5O0 o day because nftime off from work. Includes copyrighted material mInsurance Services Office, with its permission page 2 of D. Fellow Employee Coverage SECTION UU — COVERED AUTOS LIABILITY COVERAG2, B. Exclusions, 5. Fellow Employee, the following ivadded: Co -Employee Lawsuit Defense Cost Reimbursement If suit seeking damages for "bodily injury" to any fellow ''emp|oyee''ofthe ^inmummd" arising out of and in the course nfthe fellow "employee's" employment or while rfonning duties related to the conduct of your bus!neos, or suit seeking damages brought by the mpouow, child, parent, brother or sister of that fellow "employee", is brought against you, we will reimburse reasonable omato that you incur in the defense cfsuch matters. Any reimbursement made pursuant tuthis sub -section will beinaddition hothe limits of liability set forth in the Declarations. SECTION III — PHYSICAL DAMAGE COVERAGE AMENDMENTS A. Transportation Expense —Limits Amended SECTUONUIU—PHYSUCAL DAMAGE COVERAGE' A. Coverage, 4.Cmvwrage Entenmions^a-Trans- portation Expenses haamended byreplacing $20 per dav/$60Dmaximum limit with $5Uper day/$10UO maximum. B. Hired Auto Phya|omy Damage — Loss Of Use Expwmmwm—LimmikmAnmendwd SECTUONUUU—PHYSUCAL DAMAGE COVERAGE' A. Coverage, 4. Coverage Extensions, b' Loss of Use Expenses imamended byreplacing the $3Uper dey/$800 maximum limit with $80 per dmy/$760 maximum limit. C. Personal Effects Coverage SECTION III —PHYSICAL DAMAGE COVERAGE' A.Coverage, 4.Coverage Extensions isamended by adding the following: o' Personal Effects We will pay up to $500 for ^|oeo^ to personal effects, which are: (1) Owned byan^inouned^;and (2) In or on your covered "auto." This coverage applies only in the event of the total theft ofyour covered "auto." No deductible applies to this coverage D. Glass Repair—Deductib|eWdver SECTIONUKU—PHYSKCAL DAMAGE COVERAGE' A. Coverage, 3' Glass Breakage —Hittimg A Bird Or Animal — Failing Objects Or Missiles, is amended byadding the following: No deductible will apply to 0|mau breakage if such glass is nepainad, in a manner acceptable to us, rather than replaced. E. Hired Auto Physical Damage SECTION III —PHYSICAL DAMAGE COVERAGE, A.Coverage ioamended byadding the following: 5' Hired Auto Physical Dammag� If hired "autos" one covered ^autos" for Liability Coverage and if Comprehensive, Specified Causes ofLoss, or Collision coverages are pro- vided under this coverage form for any "auto" you own, then the Physical Damage Coverages provided are extended to^sutow^' you hire of like kind and use, subject tnthe following: a. The most we will pay for any one ''|oou^ is $50,000 or the actual cash value orcost bn repair orreplace, whichever is |eoo, minus o deductible; b' The deductible will be equal to the largest deductible applicable to any owned ^oubo" for that coverage. Any Comprehensive deductible dome not apply bo''|oom^ caused byfire orlight ening; c.� Hired Auto " Physical Oomogm coverage is enoeoo over any other collectible insurance; and d' Subject to the above |imit, deductible and excess provisions wewill provide coverage equal tothe broadest coverage applicable hu any covered ^outo^you own. If m limit for Hired Auto Physical Damage is indicated in the Dmu|mraUons, then that limit replaces, and is not added to, the $60.000 limit indicated above. Includes copyrighted material v,Insurance Services Office, with its permission Page 3wfS ~ F. Rental SECTIONUUU—PHYS|CAL DAMAGE COVERAGE A'Coverage, inamended byadding the following: @. Rental Reimbursement This coverage applies only hmocovered ''outo^of the private passenger or light bnch type an follows: a. We will pay for rental reimbursement expenses incurred byyou for the rental ofm private passenger or light tk type "auto" because of^|oaa^boacovered private pas- senger orlight truck type ''autn"Payment applies in addition tothe otherwise applica- ble amount ofeach coverage you have ono covered private passenger orlight truck type ,,auto." No deductibles apply to this coverage. b. VVawill pay only for those expenses incurred during the policy period beginning 24 hours after the ^|omm^and ending, regardless ofthe policy's expiration, with the lesser ofthe fol- lowing number ofdays: (1) The number of days reasonably re- quired to repair orreplace the covered private passenger or light trunk type "auto". If "loss" is caused by theft, this number ufdays ioadded hmthe number of days it takes to locate the covered private passenger or light truck type "auto" and return it to you; or (2)3Odays. c. Our payment is limited to the lesser ofthe following amounts: (1) Necessary and actual expenses incurred, or (2) $50 per day, up to m maximum of $1,000. d. This coverage does not apply while there are spare or reserve private passenger or light truck type ''outoo^ available to you for your operations. m. If ''|000^ naouKa from the total theft of m covered "auto" of the private passenger or light truck type, wmwill pay under this cover- age only that amount of your rental reim- bursement expenses which is not already provided for under SECTION UUU — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4'Coverage Extensions. For the purposes of this Rental Reimbursement coverage, light truck is defined as e truck with o gross vehicle weight of 10.000 |bu. or |eoo as defined by the monuheoiunor as the maximum loaded weight the auto imdesigned tocarry. G. Accidental Airbag Deployment Coverage SECTIONNN—PHYSUCAL DAMAGE COVERAGE, A.Coverage imamended byadding the following: 7. Accidental Airbag Deployment Coverage We will pay to reset or replace factory installed airbag(s) in any covered ''auto" for accidental dinnhar0e, other than discharge due to a collision loss. This coverage is applicable only ifcomprehen- sive covanmQemppUesto the covered ^auto^. This coverage is excess over any other uo||aoU- b|a insurance or reimbursement by mnanufan- tunmr'nwornanty. H. Am0mLoam/Leame Gap Coverage SECTION U|U PHYSICAL DAMAGE COVERAGE, Item A, Covwnmgw, is amended by adding the following: @' AutmLomn/Lemae Gap Coverage This coverage applies only boacovered ''outo^ described or designated in the Schedule or in the Declarations as including physical damage coverage. In the event of o covered bto| ''|oee" to a covered "auto" described or designated in the Schedule nrinthe Declarations, wmwill pay any unpaid amount due on the lease orloan for a covered ^outo^less: m' The amount paid under the Physical Damage Cov*noQm Section on the policy; and b. Any: (1) Overdue lease/loan payments at the time ofthe ''|oon^; (2) Financial penalties imposed under a lease for excessive use, mbnonno| wear and tear orhigh mileage; (3) Security deposits not returned by the |eoonr . (4) Costs for extended warranties, Credit Life |nounonum. Health, Accident or Disability Insurance purchased with the loan orlease; and (5) Carry-over balances from previous loans orleases. Includes copyrighted material mInsurance Services Office, with its permission Page 4mK5 SECTION IV — BUSINESS AUTO CONDITIONS AMENDMENTS A. Duties In The Event Of Accident, Claim, Suit Or Loss Amended SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss, a. is amended by adding the following: This condition applies only when the "accident" or "loss" is known to: (1) (2) (3) You, if you are an individual; A partner, if you are a partnership; An executive officer or insurance manager, if you are a corporation; or (4) A member or manager, if you are a limited liability company. But, this section does not amend the provisions relating to notification of police, protection or exami- nation of the property which was subject to the "loss". B. Blanket Waiver of Subrogation Section IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights of Recovery Against Others to Us, is amended by adding the following exception: However, we waive any right of recovery we may have against any person or organization to the extent required of you by a written contract signed and executed prior to any "accident" or "bss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. WN CA 27 06 16 C. Unintentional Failure to Disclose Hazards SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepre- sentation Or Fraud, is amended by adding the following paragraph: If you unintentionally fail to disclose any hazards existing at the inception date of the policy, or during the policy period in connection with any additional hazards, we will not deny coverage under this Cov- erage Part because of such failure. D. Employee Hired Auto SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, paragraph b. is deleted and replace by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be a covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow. (2) Any covered "auto" hired or rented by your "employee under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". Includes copyrighted material of Insurance Services Office, with its permission Page 5 of 5 COMMERCIAL GENERAL LIABILITY THUS ENDORSE ENT CHANGES THE POLICY. PLEASE READ 0[CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Prmject(s): PER WRITTEN CONTRACT OR AGRE& �PRO- VIDE A SEPARATE GENERAL AGGRE- GATE own in the Declarations. �Informationrequired A. For all sums which the insured becomes le- gally obligated to pay as damages caused by ,.occurrences" under Section - Coverage A. and for all medical expenses caused by acci- dents under Section U - Coverage C. which can be attributed only to ongoing operations at m oinQ|m designated construction project shown |nthe Schedule above: 1. A separate Designated Construction Proj- ect General Aggregate Limit applies to each designated oonotruc1ionprojeot' and 'that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2, The Designated Construction Project Gen- eral pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "prod ucts-completed oper- ations hazard", and for medical expenses under Coverage C regardless of the number of: m. Insureds; b' Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Desig- nated Construction Project General Aggre- gate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes 10pay aodam caused by 1. legally occurrences"' under Section | - Coverage A. and for all medical expenses caused by accidents under Section U - Coverage C, which cannot be attributed only to ongoing operations at single designated construction project shown inthe Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C ,or medical expenses shall reduce the amount mva||ob|o under the General Aggregate Limit or the Products -completed Opera- tions Aggregate Linmit, whichever is ap- plicable; CG 25 03K5 09 m|nsurunoo Services Office, Inc., 2008 Page 1 of 2. Such payments shall not reduce any Des- ignated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the ''pruducto'uomnp|eted operations hazard" is provided, any payments for damages because of "bodily injury" or ''property dennege^ in- cluded in the "prod ucts'oomp|eted operations hazard" will reduce the Products -completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Desig- nated Construction Project General Aggregate D. If the applicable designated construction proj- ect has been abandoned' delayed, or aban- doned and then restarted, or if the authorized contracting parties deviate from plans, blue- prints, designs, specifications or timetables, the project will still bedeemed to be the same construction project. E. The provisions of Section III — Limits Of In- surance not otherwise modified by this endorsement uho|| continue to apply as stipulated. Page 2 of 2 1�1Insurance Services Office, |nc.'2008 CG 25 03 05 09 BID SUMMARY McClure Elementary School Safety Improvements and 16th Avenue Sidewalk Extension CITY PROJECT NOS. 2473 & 2531 ITEM Bid Security NO. ITEM QTY Schedule A - McClure Elementary School Safety Improvements 1 SPCC PLAN 2 MOBILIZATION 1 1 3 PROJECT TEMPORARY TRAFFIC CONTROL 1 4 CLEARING AND GRUBBING 5 SAWCUT 6 ROADWAY EXCAVATION INCL. HAUL 1 800 220 7 CRUSHED SURFACING TOP COURSE 140 8 HMA CL 3/8" PG 645-28 125 UNIT LS LS LS LS LF CY TON TON ENGINEERS ESTIMATE UNIT PRICE $500.00 $24,000.00 $15,000.00 $20,000.00 $2.00 $30.00 $30.00 $100.00 AMOUNT $500.00 $24,000.00 $15,000.00 $20,000.00 $1,600.00 S6,600.00 $4,200.00 $12,500.00 CENTRAL PAVING, LLC Ellensburg, WA 5% BID BOND UNIT PRICE $500.00 $30,000.00 $55,000.00 $69,000.00 $2.20 585.00 $60.00 S150.00 AMOUNT $500.00 NELSON CONSTRUCTION CORP. Walla Walla, WA 5% BID BOND UNIT PRICE AMOUNT $514.53,, $514.53 $30,000.00 $29,318.75 529.318.75 $55,000.00 $8,760.23 1 $8,760.23 $69,000.00 $39,783.62 $39,783.62 $1,760.00 52.65 $2,120.00 $18,700.00 $117.50 $25,850.00 $8,400.00 $112.91 $15,807.40 $18,750.00 $142.53 $17,816.25 ALLSTAR CONSTRUCTION GROUP INC. Richland, WA 5% BID BOND UNIT PRICE $5,089.00 $41,973.00 $25,269.00 $87,014.00 $124.91 $82.90 $228.51 AMOUNT $5,089.00 $41,973.00 $25,269.00 $87,014.00 $3,944.00 $27,480.20 $11,606.00 528,563.75 UNIT PRICE AMOUNT 9 CATCH BASIN, TYPE I 1 10 CEMENT CONC. TRAFFIC CURB AND GUTTER 890 11 CEMENT CONC. PEDESTRIAN CURB 280 EACH LF LF $1,800.00 $40.00 $30.00 $1,800.40 $35,600.00 $8,400.00 $1,725.00 $27.00 $16.00 $1,725.00 $24,030.00 $4,480.00 $3,947.93 $3,947.93 $90.33 $80,393.70 $72.85 $20,398.00 $2,910.00 $58.54 S53.03 $2,910.00, $52,100.60 $14,848.40 12 CEMENT CONC. SIDEWALK 4 -INCH THICK 815 SY $50.00 $40,750.001 $55.00 $44,825.00 $89.74 $73,138.10 $179.22 $146,064.30 13 CEMENT CONC. SIDEWALK 6 -INCH THICK 405 14 CEMENT CONC THICKEND EDGE SIDEWALK 98 15 CEMENT CONC. RESIDENTIAL APPROACH 100 16 CEMENT CONC. CURB RAMP 10 SY SY SY EACH 560.00 $70.00 $50.00 $1,800.00 $24 300.00 $6,860.00 $5,000.00 $18,000.00 $67.00 $76.00 $67.00 S935.00 $27,135.00 $7,448.00 $6,700.00 $9,350.00 $110.49 $44,748.45 5124.13 $12,164.74 $115.24 $11,524.00 52,457.53 $24,575.30 $201.79 $235.59 $286.75 $2,770.50 581,724.95 $23,087.82 $28,675.00 $27,705.00 17 PERMANENT SIGNING 1 LS $2,000.00 $2,000.00 $8,300.00 $8,300.00 $3,460.37 $3,460.37 $8,372.00 $8,372.00 18 REMOVING PAVEMENT MARKINGS 140 19 PLASTIC CROSSWALK LINE 224 20 SEGMENTAL BLOCK WALL 300 21 REPAIR OR REPLACEMENT 1 Schedule A Total SF SF SF FA $2.00 $2.50 $40.00 $15,000.00 $280.00 $560.00 $12,000.00 $15,000.00 $254 950.00 $8.75 $10.50 $37.00 515,000.00 $1,225.00 $2,352.00 $11,100.00 $15,000.00 $365,780.00 $24.72 $3,460.80 $22.60 $5,062.40 $96.27 $28,881.00 $15,000.00 $15,000.00 $466,725.57 $8.85 $8.85 $82.62 $15,000.00 $1,239.00 $1,982.40 $24,786.00 $15,000.00 $659,434.42 Schedule B - 16th Avenue Sidewalk Extension 22 MOBILIZATION 1 23 PROJECT TEMPORARY TRAFFIC CONTROL 1 24 CLEARING AND GRUBBING 25 SAWCUT 26 ROADWAY EXCAVATION INCL. HAUL 27 CRUSHED SURFACING TOP COURSE 28 HMA CL 3/8" PG 64S-28 (CONTINUED ON PAGE 2) CITY ENGINEERS REPORT COMPETITIVE BIDS WERE OPENED ON DECEMBER 9TH, 2021. ALL BIDS HAVE BEEN REVIEWED BY THIS OFFICE. I RECOMMEND THE CONTRACT BE AWARDED TO: CENTRAL PAVING, LLC E CITY ENGINEER 1 30 35 5 5 LS LS LS LF CY TON TON 58,000.00 $8,500.00 $7,000.00 $5.00 $50.00 $80.00 $250.00 $8,000.00 $8,500.00 $7.000.00 $150,00 51,750.00 $400.00 $1,250.00 $6,000.00 56,000.00 $5,000.00 $2.20 $85.00 $60.00 5150.00 $6,000.00 $6,000.00 $5,000.00 $66.00 S2,975.00 $300.00 5750.00 AWARD MADE BY CITY MANAGER /2 //3/Z02. I DATE CITY MANAGER 57,717.95 $7,717.95 $1,795.77 $1,795.77 . $6,688.89 $6,688.89 $13.55 $406.50 $152.89 $5,351.15 $552.46 $2,762.30 5670.84 $3,354.20 $1,721.00 $3,460.00 $2,801.00 S4.93 $124.51 $82.90 $732.89 $1,721.00 $3 460.00 $2,801.00 $147.90 $4,357.85 $414.50 $3,664.45 CITY OF YAKIMA McClure Elementary School Safety Improvements and 16th Avenue Sidewalk Extension CITY PROJECT NOs. 2475 & 2531 DATE: December 10, 2021 SHEET 1 of 2 FILE: McClure and 16th Ave REDO Bid Summary.pub $50.00 $80.00 $90.00 $90.00 $1,800.00 $2,500.00 $2,500.00 BID SUMMARY McClure Elementary School Safety Improvements and Stith Avenue Sidewalk Extension CITY PROJECT NOS. 2473 & 2531 ENGINEERS ESTIMATE CENTRAL PAVING, LLC Ellensburg, WA NELSON ALLSTAR CONSTRUCTION CORP. CONSTRUCTION GROUP INC. Walla Walla, WA Richland, WA ITEM NO. Bid Security 5% BID BOND 5% BID BOND 5% BID BOND ITEM QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 29 (Schedule B - Continued from Page 1 CEMENT CONC. TRAFFIC CURB AND GUTTER CEMENT CONC. SIDEWALK 4 -INCH THICK CEMENT CONC. SIDEWALK 6 -INCH THICK CEMENT CONC. RESIDENTIAL APPROACH CEMENT CONC. CURB RAMP $6,150.00 $27.00 $3,321.00 $75.39 $9,272.97 $58.54 $7,200.42 58,880.00$55.00 $6,105.00 $114.33 $12,690.63 $179.22 519,893.42 56,120.00', $67.00 54,556.00 $97.77 $6,648.36 $201.79 $13,721.72 $2,250.00 $67.00 $1,675.00 $146.56 $3,664.00 $286.75 57,168.75 $2,500.00 $56,550.00 $311,500.00 $2,500.00 $41,648.00 $407,428.00 $2,500.00 CITY OF YAKIMA McClure Elementary School Safety Improvements and 16th Avenue Sidewalk Extension CITY PROJECT NOs. 2475 & 2531 DATE: December 10, 2021 FILE: McClure and 16th Ave REDO Bid Summary,pub SHEET 2 of 2 1 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 6.H. For Meeting of: February 15, 2022 Resolution authorizing a contract with Central Paving LLC for the McClure Project 2473 and the 16th Avenue Sidewalk Extension Project 2531 Scott Schafer, Director of Public Works Bill Preston, City Engineer - (509) 576-6754 SUMMARY EXPLANATION: The City of Yakima (City) desires to enter into a contract with Central Paving LLC to perform construction of sidewalks, curb and gutter, road improvements, crosswalks and ADA ramps in the vicinity of McClure Elementary School and at 16th Avenue. The project at McClure Elementary is a Safe Routes To School project that is funded with a Washington State Department of Transportation Safe Routes To Schools grant in the amount of $270,000. The City is utilizing $87,000 in Arterial Streets funds for the required match. The sidewalk extension project along the westside of 16th Avenue north of Fruitvale is funded by the City's Transit Division in the amount of $50,000 to provide passengers a safe and reliable pathway along this fixed -bus route. The contract with Central Paving LLC is in an amount not to exceed $407,428 and has been attached for City Council review. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type 2 D Resolution 1/24/2022 Resolution D Award Package 12/16/2021 Backup Material Project: (Name) (Number) To: (Contractor) City of Yakima McC ure Elementary School Safet p 2473 & 2531 Central Paving, LLC 1410 W. Dolarway Rd. Ellensburg, WA 98926 L Change Order Change Order Number Change Order Date 4/21/2023 Contract Number 2473 & 2531 Contract Date 2/16/2022 You are directed to make'the' following changes In this Contract; Pursuant to Standard Specifications 1-04.4 - Changes, this Change Order Is to provide equitable compensation for 125% over bld item quantities. Background: The plan quantity for Bid Item 6 - Roadway Excavation Ind Haul is 220cy. Roadway Excavation quantity is measured in place for this contract. During the contract, additional excavation was required to meet plan and profile grades. It has been determined that original survey data used to design the project did not provide a reasonable approximation of the actual quantity of Roadway Excavation required. Central Paving, LLC requested renegotiation of the contract price per Std. Spec. 1-04.4. Both the City and the Contractor provided independent checks, utilizing Force Account procedures, reach an equitable adjustment. We adjusted disposal tickets for swell and varying load sizes and used actual contractor labor and equipment costs. As a result, Central Paving is due an additional $75,125.00. The contract will be adjusted as follows: A new bId item called CO 1 - Roadway Excavation, Equitable Adjustment will be created. No adjustment In time will be granted. Not valid until signed by both the Approving Authority and Contractor. 'Signature of the Contractor indicated agreement herewith, Including any adjustment on the Contract Sum or Contract Time. The original Contract Sum was Net change by previous Change Orders $ The Contract Sum prior to this Change Order $ The Contract Sum will be: W increased 0 Decreased 0 Unchanged by this Change Order $ The New Contract Sum inducting this Change Order will be $ $407,428 0 $407,428 $75,125 The Contract Time will be: 0 Increased 0 Decrees'. I II Unchanged by 0 working days The New Contract Time will be 45 working days 1.1 M1/41 .hc, 4 1-3 Original to: ID Con r -Approval Recommended constrigeon Supervisor DY Date cay Engineer b Bill Digitally signed ey y Bill Preston Date:2023.04,21 Date PrestQn r11'51 -0700' $482,553 o: 0 Region CI Construction Administrator ID OSC Accounting ID City Engineering CITY CONTRACT N RESOLUTION NO: