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HomeMy WebLinkAboutM. Sevigny Construction, Inc. - Agreement for Municipal Court RemodelAGREEMENT CITY OF YAKIMA INVITATION TO QUOTE #22311S Municipal Court Remodel THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City"), and M. Sevigny Construction, Inc., ("Contractor"). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1. Scope of Work The Contractor shall perform all work and service(s) and furnish all tools, materials, labor and equipment (collectively referred to as "Services") according to the procedure outlined in the specifications of Quote #223115 titled Municipal Court Remodel and the quote documents, which are all attached and incorporated herein as Exhibit A, and any applicable construction standard(s), which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. Work is estimated to be complete by August 1, 2023. Final work schedule shall be coordinated with Project Coordinator Martin Cuevas -Ramirez, Law and Justice Center Building Superintendent, (509) 576-6702 or (509) 728-6289. The Contractor shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the transfer of materials and completing the work provided for in this Contract and every part thereof, except such as are mentioned in the specifications to be furnished by the City of Yakima. 2. Compensation The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit includes the specifications and payment schedule of itemized prices as listed in the Contractor's Quote submittal at the time and in the manner and upon the conditions provided for the Contract. 3. Agency Relationship between City and Contractor Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on behalf, of City. 4. Successors and Assigns a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from this Contract without the prior written consent of the other. b. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 5. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand, All information concerning the City and said project which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. 6. Inspection and Production of Records a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve pg. 1 Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request. b. Contractor shall promptly furnish the City with such information and records which are related to the Services of this Contract as may be requested by the City. All records relating to Contractor's services under this Contract must be made available to the City, and the records relating to the Services are City of Yakima records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. d. The terms of this section shall survive any expiration or termination of this Contract. 7. Work Made for Hire All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property of the City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any other materials the Contractor produces in connection with this Contract. On completion or termination of the Contract, the Contractor shall deliver these materials to the City. 8. Guarantee Contractor warrants the Services will be free from defects in material and workmanship for a period of one year following the date of completion and acceptance of the Services. 9. Compliance with Law Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. Contractor shall procure and maintain all applicable and necessary permits, licenses and approvals of any federal, state, and local government or governmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work. a. Procurement of a City Business License. Contractor must maintain a City of Yakima Business License and pay all charges, fees, and taxes associated with said license. b. Contractor must provide proof of a valid Washington State Contractor Registration number. c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). e. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. f. Foreign (Non -Washington) Corporations: Although the City does not require foreign corporate proposers to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima at their own expense, without regard to whether such corporation is actually awarded the contract, and in the event that the award is made, prior to conducting any business in the City. 10. Prevailing Wages The Contractor will comply with all provisions of Chapter 39.12 RCW - Prevailing Wages on Public Work. a. RCW 39.12.010 -the Prevailing Rate of Wage. It is solely the responsibility of the Contractor to determine the appropriate prevailing wage rate for the services being provided. b. RCW 39.12.040 - Statement of Intent to Pay Prevailing Wages and an Affidavit of Wages Paid. Before an awarding agency may pay any sum due on account, it must receive a statement of Intent to Pay Prevailing Wages approved by the Department of Labor and Industries. Following final acceptance of a public work project, and before any final money is disbursed, each Contractor and Subcontractor must submit to the awarding agency an Affidavit of Wages Paid, certified by the Department of Labor and Industries. c. RCW 39.12.070 - Fees Authorized for Approval Certification and Arbitrations. Any fees charged by the Department of Labor and Industries for approvals or fees to cover costs of arbitration conducted shall be the responsibility of the Contractor. The State of Washington prevailing wage rates applicable for this public works project, which is located in Yakima County, may be found at the following website address of the Department of Labor and Industries: https•//Ini wa Qov/licensing-permits/public-works-r)roiects/prevailing-wage-rates. Based on the quote submittal for this project, the applicable effective (start) date of this project for the purposes of determining prevailing wages is the quote date, May 26, 2023. 11. Certified Payroll for Non -Federally Funded Projects Upon request by the City or by an Interested Party, copies of certified payroll shall be provided to City, with employee information such as last name, SSN and address, redacted in accordance with RCW 42.56.230, in order to provide for public records requests. The City reserves the right to require Contractor to deliver to City a copy of the non -redacted Certified Payroll if City determines, in its sole discretion, that, such non -redacted copy is necessary or appropriate in order to enable City to comply with any applicable law. RCW 42 56 230 (7)(a) Personal Information Exemption: Any record used to prove identity, age, residential address, social security number, or other personal information required to apply for a driver's license or identicard. RCW 39.12.010 (4): An "Interested Party" for the purposes of this chapter shall include a Contractor, Subcontractor, an employee of a Contractor or Subcontractor, an organization whose members' wages, benefits, and conditions of employment are affected by this chapter, and the director of labor and industries or the director's designee. WAC 296-127-320 Payroll: (1) Each Contractor shall keep accurate payroll records for three years from the date of acceptance of the public works project by the contract awarding agency, showing the name, address, Social Security number, trade or occupation, straight time rate, hourly rate of usual benefits as defined by WAC 296.127-014(1), and overtime hours worked each day and week, including any employee authorizations executed pursuant to WAC 296.127-022, and the actual rate of wages paid, for each laborer, worker, and mechanic employed by the Contractor for work performed on a public works project, (2) A Contractor shall, within ten days after it receives a written request, from the department or from any interested party as defined by RCW 39.12.010(4), file a certified copy of the payroll records with the agency that awarded the public works contract and with the department. pg 3 (3) A Contractor's noncompliance with this section shall constitute a violation of RCW 39,11050 12. Nondiscrimination During the performance of this Contract, the Contractor agrees as follows: The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12101 et seq.). This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this Agreement. In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for any future City contracts. 13. Pay Transparency Nondiscrimination Provision The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or (c) consistent with the contractor's legal duty to furnish information. 14. Indemnification and Hold Harmless Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. The Contractor agrees to release, indemnify, defend, and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this Agreement or the acts, failures to act, errors or omissions of the Contractor, or any Contractor's agent or subcontractor, in performance of this Agreement, except for claims caused by the City's sole negligence. b. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. Contractor shall require that its subcontractors, and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable in connection with its performance of this Agreement, comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential liability for actions brought by their respective employees. The Parties acknowledge that they have mutually negotiated this waiver. c. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, shall be only to the extent of the Contractor's negligence. d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. e. The terms of this section shall survive any expiration or termination of this Contract. 15. Contractor's Liability Insurance At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. Contractor shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured endorsement attached to the policy will be included with the certificate. This Certificate of insurance shall be provided to the City, prior to commencement of work. Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and neither the City nor its insurance providers shall contribute to any settlements, defense costs, or other payments made by Contractor's insurance. If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the Contract. All additional insured endorsements required by this Section shall include an explicit waiver of subrogation. The following insurance is required: a. Commercial Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence, combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsement shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice, The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. b. Automobile Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence. If Contractor carries higher coverage limits, such limits shall be shown pg 5 on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsement shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and Non -Owned coverage if necessary. c. Employer's Liability (Stop Gap) Contractor and all Subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent acts of all Subcontractor(s). Contractor is responsible to ensure Subcontractor(s) have insurance as needed. Failure of Subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or responsibility. 16. Severability If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Contract are declared severable. 17. Contract Documents This Contract, the Invitation to Quote #22311S, Scope of Work, conditions, addenda, and modifications and Contractor's proposal (to the extent consistent with Yakima City documents) constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2°d St., Yakima, WA, 98901, and are hereby incorporated by reference into this Contract. 18. Termination Termination for Cause In the event the Contractor breaches this Contract, the City may terminate the Contract at its sole discretion in such event that it provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach within 30 days of this notice. In the event of the City breaches this Contract, the Contractor may terminate the Contract at its sole discretion in such event that it provides the City with written notice of City's breach and the City fails to cure its breach of the Contract within 60 days of this notice. The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by the Contractor: a. Defaults on an obligation under the Contract; b. Fails to perform any material obligation required under the Contract; c. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity; pq 6 d. Allows any final judgment not to be satisfied or alien not to be disputed after a legally -imposed, 30-day notice; e. Makes an assignment for the benefit of creditors; Fails to follow the sales and use tax certification requirements of the State of Washington; g. Incurs a delinquent Washington tax liability; h. Becomes a State or Federally debarred Contractor; i. Is excluded from federal procurement and non -procurement Contracts; j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract; k. Fails to maintain the confidentiality of the City information that is considered to be Confidential Information, proprietary, or containing Personally Identifiable Information; I. Contractor performance threatens the health or safety of a City, County or municipal employee. Termination for Convenience The City may terminate the Contract, without cause, by providing 30 days written notice of termination. In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed services. In this event, compensation for such partially completed services shall be no more than the percentage of completion of the services requested, at the sole discretion of the City, multiplied by the corresponding payment for completion of such services as set forth in the Contract. Alternatively, at the sole discretion of the City, the Contractor may be compensated for the actual service hours provided. The City shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the Contractor requesting the refund. Change in Funding In addition to the above termination provisions, if the funds upon which the City relied to establish this Contract are withdrawn, reduced, or limited, or if additional or modified conditions are placed on such funding, the City may terminate this Contract by providing at least five business days written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination. 19. Prime Contractor Contractor is the Prime Contractor hereunder. The Prime Contractor shall be the sole point of contact with regard to all contractual matters arising hereunder, including the performance of work and the payment of any and all charges resulting from its contractual obligations. 20. Removal of Subcontractor If dissatisfied with the background, performance, and/or general methodologies of any subcontractor, the City may request in writing that the subcontractor be removed. The Contractor shall comply with this request at once and shall not employ the subcontractor for any further work/services under this Contract. 21. Taxes and Assessments Contractor shall be solely responsible for and shall pay all taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury insurance, and other deductions from income which may be required by law or assessed against either party as a result of this Contract. In the event the City is assessed a tax or assessment as a result of this Contract, Contractor shall pay the same before it becomes due. 22. Waiver of Breach A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Contract shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Contract, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. pg. 7 22. Waiver of Breach A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Contract shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Contract, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 23. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the reason for delay. 24. Governing law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 25. Venue The venue for any action to enforce or interpret this Contract shall lie in a competent jurisdiction in Yakima County, Washington, 26. Authority The person executing this Contract, on behalf of Contractor, represents and warrants that he/she has beenfully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract. 27. Change or Notice Any alterations, including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made. In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any property executed amendment. Notice of Business Changes: Contractor shall notify the City in writing within three (3) business days of any change in ownership of the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as coon as possible. and in no event later than three (3) husiness days. after any decision by the Contractor to change or discontinue service that will affect services provided to the City under this Contract. The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change in governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's duties hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible, patently unreasonable, or unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the parties at their addresses as follows: TO CITY: City of Yakima Purchasing TO CONTRACTOR: M SEV14NY rN c Buyer Name, Title 12t2 !V. I; L but 129 North Second Street YAK.-% Ma WA,- 01 g 010 2 Yakima, WA 98901 KMIK: hKrjSW S£V(GNYT fR�stO&-r" 28. Survival The foregoing sections of this Contract, 1-28 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. Egg 8 IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written. City Manager Date: *111n'1 c R Contract Appendix: EXHIBIT A 22311S Quote Specifications EXHIBIT 8 Contractor's Quote Proposal M. SEVIGNY CONSTRUCTION, INC. By: Date: � r C� (Print name) PK• 9 EXHIBIT A 22311S Municipal Court Remodel Quote Specifications CITY OF YAKIMA LIMITED PUBLIC WORKS INVITATION TO QUOTE # 22311S FOR NON -FEDERALLY FUNDED WORK BETWEEN $10,000-35,000 PROJECT NAME: CITY PROJECT COORDINATOR NAME/NUMBER: Municipal Court Remodel Martin Cuevas -Ramirez, Building Superintendent LOCATION: RETURN QUOTES TO: 200 S. 3'd Street, Yakima, 98901 Susan Knotts, Buyer II, at Susan.Knotts@YakimaWA.Gov ISSUE DATE: 05/22/2023 DUE DATE/TIME: 05/26/2023 @ 5:00 PM Small Works Roster Project Contractor must be signed up with WWW.MRSCROSTERS.ORG in order to respond to this Invitation to Quote. Prevailing Wage This project is considered Public Work and shall be completed in accordance with 39.04 RCW. This is a Prevailing Wage proiect. Intent to Pay Prevailing Wages, and Affidavit of Prevailing Wages paid must be filed by both the General Contractor and any Subcontractors working on the project, at Contractor's expense, and posted as approved by Labor and Industries (L&I) prior to payment. See attached contract for further details. Certificate of Insurance Please contact your insurance company and have them send us a Certificate of Insurance namingthe "City ofYakima, its Agents, Employees and Elected or Appointed Officials as Additional Insured" per the attached sample, with the same limits of coverage. The Certificate needs to be addressed as shown and include an attached Additional Insured Endorsement, or it will be returned to you for correction and you will not be able to start work until it is accepted. Subcontractors must also submit Certificates of Insurance with Additional Insured endorsement. See attached contract for further details. Site Visit The site meeting is not mandatory; however, interested parties are strongly urged to attend. Site visits will be scheduled at the Law and Justice Center on or before May 26, 2023 between the hours of 8:00 AM and 2:30 PM. No site visits will be scheduled after 2:30 PM on May 25, 2023. To arrange a site visit, contact the Project Coordinator, Martin Cueva-Ramirez at (509) 728-6289. Coordination of Work Contractor will coordinate his/her work with the City of Yakima Project Coordinator listed above as to when work will be accomplished. Work shall be completed as agreed upon in the resulting contract. Work Hours and Schedule Work to be completed M-F, 8:00 a.m. to 5:00 p.m., excluding legal holidays Scope of Work All work is to be done in accordance the Manufacturer's Instructions, Industry Standards, and Specifications as presented by the City of Yakima. Work shall be performed using the recommended process below, using specified materials and brands or approved and acceptable equal. EXHIBIT A - City of Yakima 22311S Municipal Court Remodel Page 1 of 15 QUOTE FORM Recommended Process/Materials: • Elevated existing wall mounted cabinets to accommodate the existing refrigerator. • Add doors to the existing wall mounted microwave cabinet. • Relocate existing cabinets 3" to the right and replace the kitchenette top with a new laminate countertop. • New laminate clad front counter work station. • New laminate clads 48" x 84"H locker for robes and cubes that are 16" x 18" left door 32" x 84" and right door 16" x 84". • New 60" x 84" laminate clad base cabinets at copier with counter top ease noise of printer. • Plastic laminate clad mail box lower cabinets, pencil/stamp drawer and counter top for judges' mail center 57" x 39- 1/2 x 10 mail slots 14" x 16" x 6". • New safe stand base 20" wide x 26" deep x 24" high. * See Attached drawings *Bidder may quote alternate process for City consideration: Yes � or No BIDDER TO COMPLETE THIS SECTION AS PART OF THEIR QUOTE RESPONCE Number of Days to Complete Work: Comments: Quote is Firm for: Days (Minimum of 30 Days) Guarantee: Minimum of one (1) year on work. Warranty: Minimum of years on materials. Permit Required: Yes or No Bidder is to provide any required permits as part of their quote. Delivery Terms: All materials are to be quoted F.O.B. destination. All anticipated shipping costs necessary to meet the delivery schedule must be included in the lump sum total. No additional charges for shipping or handling will be allowed. Lump Sum (Pre -Tax): $ In signing this Quote we certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a Quote; that this Quote has been independently arrived at without collusion with any other Bidder, competitor or potential competitor; that this Quote has not been knowingly disclosed prior to the opening of Quote to any other Bidder or competitor; that the above statement is accurate under penalty of perjury. We will comply with all terms, conditions and specifications required by the City of Yakima in this Invitation to Quote and all terms of our Quote. Company Name Company Address Name of Authorized Company Representative (Type or Print) Title Signature of Above Email Address WMBE/DBE Vendor Certification Number (if applicable) Phone Number ❑ I hereby acknowledge receiving Addendum (a) (Use as many spaces as addenda received.) EXHIBIT A - City of Yakima 223115 Municipal Court Remodel Page 2 of 15 CITY OF YAKIMA LIMITED PUBLIC WORKS INVITATION TO QUOTE #22311S I. GENERAL/SPECIAL INSTRUCTIONS A. Additional Work Any additional work found necessary that is not specified in the Scope of Work shall be listed on a separate sheet entitled "Additional Materials/Labor Required". B. Estimated Quantities Estimated quantities, if any, set forth in the Scope of Work are estimates only, being given only as a basis for the comparison of Quotes. The City does not warrant, expressly or by implication; that the actual amount of work will correspond to the estimated quantities. Bidder is responsible for verification of square footage and units of measure which are to be provided with Quote submittal. C. Qualified Quotes The General and Special Instructions included in this quote document and in the resulting contract will govern the performance of the work. No other terms and conditions will be accepted. Quotes that are conditioned in any way, or Quotes that take exception in any way to the City of Yakima's General and Special Terms and Conditions, may result in the Quote being considered non -responsive. D. Proprietary Material Submitted Any information contained in the bid submitted that is proprietary must be clearly designated. Marking the entire bid as proprietary will be neither accepted nor honored. If a request is made to view a Contractor's bid, the City of Yakima will comply according to the Open Public Records Act, Chapter 42.56 RCW. If any information is marked as proprietary in the proposal, such information will not be made available until the affected bidder has been given an opportunity to seek a court injunction against the requested disclosure. E. Award of Quote The City of Yakima reserves the right to reject any or all quotes or accept any presented which meet or exceed these specifications, and which would be in the best interest of the City and will not necessarily be bound to accept the low quote. Business License and Permits All bidders shall have a valid and current business license issued by the State of WA Department of Revenue, Business Licensing Service covering this type of work. It will be the Contractor's responsibility to procure any licenses or permits required, to complete the project. The Contractor is responsible for all traffic control and barricades, if applicable. You can contact the Codes Department at (509) 575-6121 or (509) 575-6126 or visit the Codes website at: https://www.yakimawa.gov/services/codes/ for information. G. Background Checks - Special Conditions for Yakima Police Department (YPD) Facilities All Contractors, employees, and Subcontractors who will be working on site must participate in a Washington State and National fingerprint and background check process in order to work in YPD facilities. This process must be completed no less than five (5) days prior to start of work. Contractors must also complete a CJIS Security Awareness training every two (2) years and sign a Criminal Justice Information Services (CJIS) Security Addendum. Washington State Patrol (WSP) also requires that all employees working on site must watch a 10-15 minute video. The YPD Police Services Manager will coordinate with Contractor to ensure compliance. Failure to undergo this process may result in loss of contract. If any person does not pass the background check, they must be replaced and will not be allowed on site. There EXHIBIT A - City of Yakima 22311S Municipal Court Remodel Page 3 of 15 may be few instances where a Contractor may be supervised directly by the Facilities Manager and this requirement may be waived on a case -by -case basis. H. Best Modern Practices All work, including design, shall be performed and completed in accordance with the best modern practices, further, no detail necessary for safe and regular operation shall be omitted, although specific mention thereof may not be made in these specifications. I. Workmanship Contractor warrants and guarantees to the City that the work shall be performed in a manner consistent with industry standards for the performance of construction and services of a similar nature. The Contractor warrants to the City that materials and equipment furnished will be of good quality and new, that the work will be free from defects, will be fully compatible with the existing materials and equipment and that the work will conform to all requirements. Work not conforming to these requirements, including substitutions (if allowed) not properly approved and authorized, may be considered defective. The Contractor shall comply with recognized workmanship quality standards within the industry as applicable to each unit of work. All references to standards whether for materials, processes, assemblies, workmanship, performance, or similar purpose shall mean, unless otherwise noted, the most recent available published version of such standard. When reference is made to standards, the standards are to be made a part of this contract, and to have the same effect as if fully reproduced herein. It is a requirement that each category of trades person or installer performing the work be qualified, to the extent of being familiar with applicable and recognized quality standards for that category of work, and being capable of workmanship complying with those standards. J. New and Unused All units, equipment, parts and material shall be new, unused, manufacturer's current model year and in current production. All materials shall have physical and chemical properties to withstand the intended service. Equipment design shall have sufficient excess capacity for durability and safety. K. Equal/Approved Equal These specifications are intended to be precise where a specific make, model or trade name is requested. Whenever a make, model or trade name is used, it shall be that or equal, or approved equal. Equal or approved equal means that the make, model or trade name will be given consideration if they fulfill the same performance requirements. The City reserves the right to make the decision on acceptability. Each bidder shall clearly identify make, model or trade name of equipment bid on the face of their quote. Any equipment proposed as an equal to that herein specified must be substantiated with supporting data to justify such request for substitution. L. Hazardous Materials If asbestos or other hazardous materials are discovered during performance of work under this project, Contractor will immediately notify the Project Coordinator, so that a Change Order addressing Pollution Control as well as any change in cost may be executed by Purchasing. M. No Disturbance The Contractor shall not disturb grounds or materials outside the sphere of the contracted project. N. Protection of Utilities The Contractor shall protect from damage public and private utilities encountered during the work. Prior to beginning work, the Contractor shall give proper notification as required by RCW 19.122.030 to the agencies that have utilities in place, and shall cooperate with these agencies in the protection and relocation of underground utilities, facilities and structures. The number to call is #811. EXHIBIT A - City of Yakima 223115 Municipal Court Remodel Page 4 of 15 o. Waste Materials All refuse and waste material must be collected and disposed of, in a legal manner, by the Contractor off the City's property, at the Contractor's expense. The Contractor must immediately clean up any spilled material from streets, roads, etc. Storage of debris on site is not allowed. P. Repair or Replacement The work shall consist of repair of any incidental damages to walls, moldings, electrical, flooring, landscaping, fencing, paved areas, top soil, turf, or other miscellaneous items within or adjacent to the project area. This includes complete replacement of items that are beyond repair as determined by the City. Should adjacent property be damaged in any manner, Contractor shall immediately contact the Project Coordinator. Contractor shall promptly repair damages caused to adjacent areas, rooms, facilities, property, streets, and sidewalks by construction operations as directed by the City and at no cost to the City. Q. Final Inspection and Acceptance When the Contractor considers the work physically complete and ready for final inspection, the Contractor shall request the City's Project Coordinator to inspect the work. The City will notify the Contractor of any deficiencies in the work after inspection. The Contractor shall immediately take such corrective measures as are necessary to remedy the listed deficiencies. Corrective work shall be pursued vigorously, diligently, and without interruption until physical completion of the listed deficiencies. This process will continue until the City is satisfied the listed deficiencies have been corrected. If action to correct the listed deficiencies is not initiated within seven (7) days after receipt of the written notice listing the deficiencies, the City may, upon written notice to the Contractor, take whatever steps are necessary to correct those deficiencies pursuant. The date of final acceptance shall be determined by the date the Contractor has properly invoiced the City for payment and turned in all required submittals after the final inspection and acceptance has occurred. R. Payments Upon final inspection and acceptance of the work by the City, the Contractor is to submit properly completed invoice(s) to the City of Yakima Accounts Payable, 129 North 2nd Street, Yakima, WA 98901. To insure prompt payment each invoice should cite Quote number, purchase order number, discount terms and include the Contractor's name and return remittance address. In addition, the invoice shall include quote item description, quantity, unit price, total price, location of work and date work completed. Payment will be mailed within thirty (30) days of acceptance of the completed project, post -work submittals, Prevailing Wage Intents and Affidavits, and a properly completed invoice. Invoice shall be itemized to reflect hours worked and material costs. S. Retainage (Must be withheld at 10% in order to waive performance/payment bonds) The City of Yakima shall have the right to withhold ten percent (10%) of the amount of any invoice submitted to the City of Yakima by the Contractor for labor, supervision, and materials furnished by the Contractor up to the time of completion and acceptance of job. Each invoice submitted by the Contractor shall include two separate line items. The first line item is to reflect the total price of the job being invoiced, less ten percent (10%) retainage. The second line item will reflect the ten percent (10%) retainage. Payment of said retainage shall be due thirty (30) days after City of Yakima's acceptance of completed work and verification of Prevailing Wage filings with Labor and Industries. EXHIBIT A - City of Yakima 223115 Municipal Court Remodel Page 5 of 15 BIDDER RESPONSIBILITY FORM (To be submitted with Quote Form) Bidder Responsibility Criteria: It is the intent of City to award a contract to the low responsible bidder. Before award, the bidder must meet the following bidder responsibility criteria to be considered a responsible bidder. The bidder may be required by the City to submit documentation demonstrating compliance with the criteria. The bidder must: 1. Have a current certificate of registration as a Contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of quote submittal; Contractor #: Effective Date: Expiration Date: 2. Have a current Washington Unified Business Identifier (UBI) number; UBI #: 3. If applicable: a. Have Industrial Insurance (workers' compensation) coverage for the bidder's employees working in Washington, as required in Title 51 RCW; Is account current? (Yes/No) b. Have a Washington Employment Security Department number, as required in Title 50 RCW; c. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; 4. Has Contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). Is Contractor disqualified? (Yes/No) 5. Until December 31, 2013, not have violated more than onetime the off -site, prefabricated, non-standard, project specific items reporting requirements of RCW 39.04.370. Does Contractor have violations? (Yes/No) 6. For public works projects subject to the apprenticeship utilization requirements of RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the first date of advertising for the project. Is Contractor in compliance? (Yes/No) 7. Per RCW 39.04.350 and RCW 39.06.020, has the Contractor had Labor and Industries Training or are they exempt? Training Complete ❑ Exempt ❑ Is Contractor in compliance? (Yes/No) EXHIBIT A - City of Yakima 223115 Municipal Court Remodel Page 6 of 15 Subcontractor Responsibility 1. The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its Subcontractors to include substantially the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all Subcontractors regardless of tier. 2. At the time of subcontract execution, the Contractor shall verify that each of its first tier Subcontractors meets the following bidder responsibility criteria: a. Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract quote submittal; b. Have a current Washington Unified Business Identifier number (UBI); If applicable, have: a. Industrial insurance (worker's compensation) coverage for the Subcontractor's employees working in Washington as required in Title 51 RCW; b. A Washington Employment Security Department number as required in Title 50 RCW; c. A Washington Department of Revenue state excise tax registration number as required in Title 82 RCW; b. An electrical Contractor license, if required by Chapter 19.28 RCW; c. An elevator Contractor license, if required by Chapter 70.87 RCW. 4. Has Contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3). 5. Until December 31, 2013, not have violated more than onetime the off -site, prefabricated, non-standard, project specific items reporting requirements of RCW 39.04.370. 6. For public works projects subject to the apprenticeship utilization requirements of RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the first date of advertising for the project. 7. Per RCW 39.04.350 and RCW 39.06.020, has the Subcontractor had Labor and Industries Training or are they exempt? EXHIBIT A - City of Yakima 22311S Municipal Court Remodel Page 7 of 15 Certification of Compliance with Wage Payment Statutes (To be submitted with Quote Form) The bidder hereby certifies that, within the three-year period immediately preceding the quote solicitation date (__________), that the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Bidder Signature of Authorized Official* Printed Name Title Date Check One: City State Individual ❑ Partnership ❑ Joint Venture ❑ Corporation ❑ State of Incorporation, or if not a corporation, State where business entity was formed: If a co -partnership, give firm name under which business is transacted: * If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co -partnership, proposal must be executed by a partner. EXHIBIT A - City of Yakima 223115 Municipal Court Remodel Page 8 of 15 Attachment A — Project Drawings Coat Closet with Doors EXHIBIT A - City of Yakima 223115 Municipal Court Remodel Page 9 of 15 Printer Cabinet 01, e-gvac Ize. cfoorS aril 4e,e Ca,jA 4Y- 361( h Sk ' ,rl'nTer (fQI;nC /P.. (oan �rtr �Or °��d �t1t�' fl�l �G Y fgva l PC(( 00.. s it yy, �,O C, EXHIBIT A - City of Yakima 223115 Municipal Court Remodel Page 10 of 15 JUDGES DESK sec SA %0� I H., "ODD<' EXHIBIT A - City of Yakima 22311S Municipal Court Remodel Page 11 of 15 SAFE STAND S Ct Ce S4av,4 D O X(�H A44ctc,�dL mall EXHIBIT A - City of Yakima 223115 Municipal Court Remodel Page 12 of 15 ATTACHMENT B - SAMPLE CERTIFICATE OF INSURANCE WITH ADDITIONAL INSURED ENDORSEMENT AC01 d CERTIFICATE OF LIABILITY INSURANCE �. Ci RaEh' iRTE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THUS 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 MOLDER IMPORTANT- If the cerfiftaft holder is an ADDITIONAL INSURED.the policyfies) must hm ADDITIONAL INSURED provisions or be endorsecl- ff SUBROGATION IS WAIVED. wbjed to the terms and eondrtions 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 endorsementls). PRODUeea INSURANCE AGENT ISSUING, CERTIFICATE E1TI I LVYr�1R�iCS a.cn ■ �r��.r�• c .w.wvc+.. _ A _ _ _ _ _ - _ 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 ISSUEO OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMBS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TR TYr%OFNNIIt1IrCE Lam A x COINWgKeENB1ALL114eCJiY CtI DE a OOGtXt POLICY NUMBER _ 7AR— DATE STOP DATE EACHOCCI s 2. om() 0=0now i 1wJw WEDEw wy one 5AD _ PWISONALSADVMAIRY s 1.000.D O eENLAOGIEOAT$LOW APPLIES PER POLICY Q � ❑ "� OBERALAnGREGATE s Z000A D r� PRooucrs•000PAoo s 2000.000 s A AVrOMDEILEUAALIrr X � Y ANTGB ONLY HAUTOS ONLY POLICY NUMBER S-A-;;T DATE STOMP DATE coulolED IJrR s 200D.000 0009.Y MWtY rW PffxM II Eomy ralutr M& aocNma s_ iftLagow s s IJIlRELLALIAB EftCEsiI" DOOM CiAM4YADE EACHOCCM tEw-M s AOOREMIM s p rrGrUiEIY COrfPElNU7Xl11 AIO t9/LOYotY LIASJrY YIN 7 n resb u�ae. NIA POLICY NUMBER STOP GAP/ EL ONLY DASTART GATE DATE DATE PER 9W ILL EACH WADa"r s 1.000.0w Ea.oraEASE-rAt31PL s 1.DOD.ODD _ 1.000.000 oEscarrgNacare+AT+oNSILocATloNsr�eaas usowrm.AaatuuNrRfarnssarar.ewa,Isauarala..oae.seolwe The City of Yak" its agenis, emplayses. authaiaed volunteers. cleated and appointed officials are included as adc6donal insured. See Andned Additional Insured Endorsen of Cily of Yakima Pudlasbv Depmtnent 129 N. 3nd St Yakima. WA OMI SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EwmTiON DATE THEREOF. NOTICE WILL BE DELIVERED N ACCORDANCE WITH THE POLICY PROVISIONS. SIGNATURE Rf 19ftR.2015 ACORD 25 (2016M) The ACORD name and logo are registered minks of ACORD All riGhts reserved EXHIBIT A - City of Yakima 223115 Municipal Court Remodel Page 13 of 15 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons) The City of Yakima, its agents, employees, authorized volunteers, elected and appointed officials are included as Primary/Non-Contributory additional insured. Information reouired to comolete this Schedus ff notshown above. will be shown in the Declarations. A. Section 11 — Who Is An Insured is q tal ed to include as an additional insureolhe pd on(s) or organizations) shown in the tchpduip,'`but only with respect to liability for "bodllyfnlury!, "property damage" or "personal and adveAiii`'�ng injury" caused, in whole or in part, by. 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply. This insurance does not apply to "bodily injury" or "property damage" occurring after. 1. AU work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. EXHIBIT A - City of Yakima 22311S Municipal Court Remodel Page 14 of 15 POLICY NUMBERCGD3000849D7 COMMERCIAL GENERAL LIABILITY CG24041219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endarsenwd n 00ft insurance provided under the forowir4 COMMERCIAL GENERAL LIABILITY COVERAGE PART F1 ECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABIUTY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE UABWTY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Persons) Or Organization(s): Where required by wrtiken contract or agrueanxx t creamed prior tQ loss (except where not pamglted by law)_ IrriorrrstionnKpired to conViete this SdwdtAe d riot shown above will be shown in the DederatiOns. The folkM*q is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section N—Conditions: We waive any right of recovery against the persons) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part_ Such waiver by us applies orgy Io the extent that the insured has waived its 61A of recovery against such person(s) or orgauizstion(a) prior to gore. This endorsement applies a dy 10 the person(s) or organization(s) shown in the Sdedule above. CG 24 041219 ® Insurance Services 016ce, Inc., 2018 Page 1 of 1 EXHIBIT A - City of Yakima 22311S Municipal Court Remodel Page 15 of 15 EXHIBIT B 22311S Municipal Court Remodel Contractors Quote M. Sevigny Construction, Inc. CITY OF YAKIMA LIMITED PUBLIC WORKS INVITATION TO QUOTE # 22311S FOR NON -FEDERALLY FUNDED WORK BETWEEN $10,000-35,000 PROJECT NAME: CITY PROJECT COORDINATOR NAME/NUMBER: Municipal Court Remodel Martin Cuevas -Ramirez, Building Superintendent LOCATION: RETURN QUOTES TO: 200 S. 3rd Street, Yakima, 98901 Susan Knotts, Buyer 11, at Susan.Knotts@YakimaWA.Gov icci is nATF! 05/22/2023 DUE DATEMME: 05/26/2023 @ 5:00 PM Small Works Roster Project Contractor must be signed up with WWW.MRSCROSTERS.ORG in order to respond to this Invitation to Quote. Prevailing Wage This project is considered Public Work and shall be completed in accordance with 39.04 RCW. This is a Prevailing Wage project. Intent to Pay Prevailing Wages, and Affidavit of Prevailing Wages paid must be filed by both the General Contractor and a ny Subcontractors working on the project, at Contractor's expense, and posted as approved by Labor and Industries (L&I) prior to payment. See attached contract for further details. Certificate of Insurance company and Please contact your insurance have them send us a Certificate of Insurance naming the "City of Yakima, its Agents, Employees and Elected or Appointed Officials as Additional Insured" per the attached sample, with the same limits of coverage. The Certificate needs to be addressed as shown and include an attached Additional Insured Endorsement or it will be returned to you for correction and you will not be able to start work until it is accepted. Subcontractors must also submit Certificates of Insurance with Additional Insured endorsement. See attached contract for further details. Site Visit The site meeting is not mandatory; however, interested parties are strongly urged to attend. Site visits will be scheduled at the Law and Justice Center on or before May 26, 2023 between the hours of 8:00 AM and 2:30 PM. No site visits will be scheduled after 2:30 PM on May 25, 2023. To arrange a site visit, contact the Project Coordinator, Martin Cueva-Ramirez at (509) 728-6289. Coordination of Work Contractor will coordinate his/her work with the City of Yakima Project Coordinator listed above as to when work will be accomplished. Work shall be completed as agreed upon in the resulting contract. Work Hours and Schedule Work to be completed M-F, 8:00 a.m. to 5:00 p.m., excluding legal holidays Scope of Work All work is to be done in accordance the Manufacturer's Instructions, Industry Standards, and Specifications as presented by the City of Yakima. Work shall be performed using the recommended process below, using specified materials and brands or approved and acceptable equal. City of Yakima Limited Public Works — 22311S Municipal Court Remodel Page 1 of 25 `�,,,5$ .� k"� Recommended Process/Materials; • Elevated existing wall mounted cabinets to accommodate the existing refrigerator. • Add doors to the existing wall mounted microwave cabinet. • Relocate existing cabinets 3" to the right and replace the kitchenette top with a new laminate countertop. • New laminate clad front counter work station. • New laminate clads 48" x 84"H locker for robes and cubes that are 16" x 18" left door 32" x 84" and right door 16" x 84". • New 60" x 84" laminate clad base cabinets at copier with counter top ease noise of printer. • Plastic laminate clad mail box lower cabinets, pencil/stamp drawer and counter top for judges' mail center 57" x 39- 1/2 x 10 mail slots 14" x 16" x 6". • New safe stand base 20" wide x 26" deep x 24" high. * See Attached drawings *Bidder may quote alternate process for City consideration: Yes J or No ❑ BIDDER TO COMPLETE THIS SECTION AS PART OF THEIR QUOTE RESPONCE Number of Days to Complete Work: 60 Comments: See attached back sheet for details/clarifications, including exclusions. Quote is Firm for: 45 Days (Minimum of 30 Days) Guarantee: Minimum of one (1) year on work. Warranty: Minimum of _ 1 years on materials. Permit Required: Yes ❑ or No X Bidder is to provide any required permits as part of their quote. Delivery Terms: All materials are to be quoted F.O.B. destination. All anticipated shipping costs necessary to meet the delivery schedule must be included in the lump sum total. No additional charges for shipping or handling will be allowed. Lump Sum (Pre -Tax): $1 9,866.00 In signing this Quote we certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a Quote; that this Quote has been independently arrived at without collusion with any other Bidder, competitor or potential competitor; that this Quote has not been knowingly disclosed prior to the opening of Quote to any other Bidder or competitor; that the above statement is accurate under penalty of perjury. We will comply with all terms, conditions and specifications required by the City of Yakima in this Invitation to Quote and all terms of our Quote. Company Name Company Address M Seviqnv Construction Inc 1212 N. 16th Ave. Yakima WA 98902 Name of Authorized Company Representative (Type or Print) Title Matthew Sevigny President Signature of Above Email Address matthew@msevigny.com WMBE/DBE Vendor Ce ion Number (if applicable) Phone Number 509-949-3547 ® I hereby acknowledge receiving Addendum (a) N/A - No Addenda (Use as many spaces as addenda received.) City of Yakima Limited Public Works — 22311S Municipal Court Remodel Page 2 of 25 BIDDER RESPONSIBILITY FORM (TO bra su6m1t*d r+ Qt+rtrte Farm] Bidder Responsibility Criteria: It is the intent of City to award a contract to the low responsible bidder. Before award, the bidder must meet the following bidder responsibility criteria to be considered a responsible bidder. The bidder may be required by the City to submit documentation demonstrating compliance with the criteria. The bidder must: 1. Have a current certificate of registration as a Contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of quote submittal; Contractor M MSEVISC9320K Effective Date: 9/12/2007 Expiration Date: 10/30/2023 2. Have a current Washington Unified Business Identifier (UBI) number; UBI #: 602 749 875 3. If applicable: a. Have Industrial Insurance (workers' compensation) coverage for the bidder's employees working in Washington, as required in Title 51 RCW; Is account current? YES (Yes/No) b. Have a Washington Employment Security Department number, as required in Title 50 RCW; # 000-379614-00-0 c. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; # 26-0653305 4. Has Contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). is Contractor disqualified? NO (Yes/No) 5. Until December 31, 2013, not have violated more than onetime the off -site, prefabricated, non-standard, project specific items reporting requirements of RCW 39.04.370. Does Contractor have violations? NO (Yes/No) 6. For public works projects subject to the apprenticeship utilization requirements of RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the first date of advertising for the project. Is Contractor in compliance? YES (Yes/No) 7. Per RCW 39.04.350 and RCW 39.06.020, has the Contractor had Labor and Industries Training or are they exempt? Training Complete ❑ Exempt ❑ Is Contractor in compliance? YES (Yes/No) Subcontractor Responsibility City of Yakima Limited Public Works — 22311S Municipal Court Remodel Page 6 of 25 Certification of Compliance with Wage Payment Statutes (To be submitted with Quote Form) The bidder hereby certifies that, within the three-year period immediately preceding the quote solicitation date ( May 26th, 2023 _), that the bidder is not a "willful" violator, as defined in RCW 49.48,082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. M Sevigny Construction Inc Bidder Signature of Authorized O al Matthew Se gny Printed Name President Title 5/26/2023 Date Check One: Yakima WA City State Individual ❑ Partnership ❑ Joint Venture ❑ Corporation State of Incorporation, or if not a corporation, State where business entity was formed: Washington If a co -partnership, give firm name under which business is transacted: : If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co -partnership, proposal must be executed by a partner. City of Yakima Limited Public Works — 22311S Municipal Court Remodel Page 8 of 25 1212 N 161' Avenue SEVIGNY Yakima, WA 98902 Phone: 509-953-3818 Fax:509-424-3222 CONSTRUCT 1 O N z Erik@msevigny.com COMMERCIAL - INDUSTRIAL 5/26/2023 Bid Proposal — Municipal Court Remodel We have received and examined the scope of work and offer the following: In submitting this bid, we agree to: • Hold our bid open for 30 calendar days. • Enter into and execute a contract, if awarded, upon the basis of this bid. • To commence work upon the receipt of "Notice to Proceed". Base Bid: $19,866.00 Bid details for the Municipal Court Remodel to include the following: • Casework/Cabinets per pg. 2 of Invitation To Quote #22311S under the heading 'Quote Form - Recommended Process/Materials' for the following areas within the Municipal Court work area: o Kitchenette ■ Reuse existing sink/faucet/on demand hot water o Front Desk (employee side) o Printer cabinet (between kitchenette and front desk) o Robe cabinet for judges o Standing work station for judges o Wood stand for the office safe that currently sits on the floor ➢ Exception: modifications to 'Recommended Process/Materials' as it relates to cabinet/casework layout per onsite walk with Martin Cueva, Jodi Stephens, and Paul Price with PRP Finishing. If our bid is accepted, final drawings will be submitted for approval prior to fabrication. All priming/painting and minor wall patches to be completed by owner. Prevailing wage. Alternate #1: $19840.00 • Replace completely the kitchenette cabinets in lieu of relocate only. Turn over to owner the removed existing kitchenette cabinets. The above bid excludes: 1. Washington State Sales Tax. 2. Disposal of demo'd casework (per Martin Cueva — all casework will be turned over to owner) 3. Electrical/Data work. 4. Flooring/base/floor patches. 5. Plumbing work. Respectfully Submitted Firm: M Sevigny Construction Inc. Name: Erik Remillard Title: Project Manager Address: 1212 N.16a' Ave. Yakima, WA 98902 Cont. Lic. # MSEVISC9320K ___,"aaas MSEVIGN-02 JWEAF ACOROm CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY)5/30/2023 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(lea) must hew 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 ce"Moste holder in Ileu of such PRODUCER NAME: Terril, Lewis & Wilke Insurance, Inc. PHONE P.O. Box 1789 (A/C, No, Ext): (509) 248-3515 Yakima, WA 98907 E-MAIL , certs@tlwins.COm INSURED M Sevigny Construction, Inc. 1212 N 16th Ave Suite 1 Yakima, WA 98902-1348 Corn f1n11CGArCQ CERTIFICATE NUMBER: REVISION NUMBER: 248-3673 vTHIS 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 LTRA TYPE OF INSURANCE INSD SUER WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE �X OCCUR CPA6031970 9/12/2022 9/12/2023 DAMAGE TO RENTED $ 300,000 MED EXP (Any oneperson) $ 10,000 PERSONAL& ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 WA STOP GAP $ 1,000,000 OTHER. A AUTOMOBILE LIABILITY COMBINEDSINGLELIMIT Ea .dent)- 1,000,000 $ BODILY INJURY Perperson) $ AUTO CPA6031970 9/12/2022 9/12/2023 BODILY INJURY Per accident $ IANY OWNED SCHEDULED k TEO�S ONLY AUTOS SSWNE AUTOS ONLY A�TOS ONL� PeOaE�iR AMAGE $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE CPA6031970 9/12/2022 9/12/2023 DED X RETENTION $ 10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N A�FFICEWMEIMBER/EXCLUDED?ECUTIVE ❑ (Mandatory In NH) N/A PTAT TE ORH E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) City of Yakima and their agents, employees, authorized volunteers, elected and appointed officials are named as additional insureds as per written contract per form CLCG2067 1021 attached as respects work performed by the named insured. Coverage is primary and non-contributory per form CLCG2067 1021. Waiver of Subrogation applies performs CLCGO4921018 & CLCA0149 0721. f`CRTICIe'ATF Un! r1C17 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Yakima Purchasing Department ty 9 P THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 129 N 2nd St Yakima, WA 98901 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 CL CG 20 6710 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES, CONTRACTORS OR OTHERS - ONGOING AND COMPLETED OPERATIONS - AUTOMATIC STATUS, INCLUDING PRIMARY NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II -WHO ISAN INSURED is amended to include as an additional insured any person(s) or organization(s) when you are obligated by virtue of a written contractor agreement that such person(s) or organization(s) be added as an additional insured to your policy. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury" or "property damage" or "personal and advertising injury" caused, in whole or in part by: 1. Acts or omissions of the Named Insured; or 2. The acts or omissions of those acting on behalf of the Named Insured; in the performance of the Named Insureds ongoing work and/or included in the "products completed operations hazard" This insurance applies only when you are required to add the additional insured by virtue of a written contract or agreement, provided the contract or agreement is: 1. Currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to the "bodily injury" or "property damage" or "personal and advertising injury". 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. For purposes of this endorsement, throughout the policy, the terms "you" and "your' refer to the Named Insured shown in the Declarations. B. Exclusions With respect to the insurance afforded to these additional insureds, the following additional exclusions apply to "bodily injury" and "property damage" arising out of. 1. The rendering of or failure to render any professional seNces by you or on your behalf, but only with respect to either or both of the following operations: a. Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and b. Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or CL CG 20 6710 21 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 2 with its permission. the failure to render, any professional architectural, engineering or surveying services. 2. Subject to Paragraph 3. below, professional services include: a. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager, its employees or its subcontractors in connection with your ongoing operations. C. Limitsof Insurance 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 vwe will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. D. Other Insurance For purposes of this endorsement, the following is added to the Section IV - Commercial General Liability Conditions, 4. Other Insurance condition and supersedes any provision to the contrary: This insurance is excess of all other insurance available to an additional insured whether on a primary, excess, contingent or any other basis. But, if required by a written contract or written agreement to be primary and noncontributory, this insurance will be primary to and will not seek contribution from any insurance on which the additional insured is a Named Insured. No other coverage or limit in the policy applies to loss or damage insured by this coverage. Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., CL CG 20 6710 21 with its permission. COMMERCIAL AUTO CL CA 0149 07 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE EXPANSION ENDORSEMENT- PLATINUM This endorsement modifies insurance provided underthe following: BUSINESS AUTO COVERAGE FORM With respect to the coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. A. NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following is added to Paragraph A. 1. Who Is An Insured of Section II -Covered Autos Liabil y Coverage: Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company or any organization excluded either by this Coverage Part or by endorsement, and over which you maintain ownership or majority interest of more than 50 percent will qualify as a Named Insured. However: 1. This insurance does not apply to any newly acquired or formed organization that is an "insured" underany otherautomobile policy or would be an "insured" under such policy but for its termination or the exhaustion of its Limit of Insurance. 2. Coverage does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 3. Coverage underthis 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. B. ADDITIONAL INSURED BY CONTRACT OR AGREEMENT The following is added to Paragraph A. I., Who Is An Insured of Section II - Covered Autos Liability Coverage: 1. Such person or organization is an additional "insured" only to the extent such person or organization is liable for "bodily injury" or "property damage": because of the conduct of an "insured" under Paragraphs a. orb. under Paragraph A.I. Who Is An Insured of Section II - Covered Autos Liability Coverage, caused by an "accident" and resulting from the ownership, maintenance or use of a covered ..auto"; 2. The written contractor agreement described above must have been executed prior to the "accident" that caused the "bodily injury" or "property damage" and be in effect at the time of such "accident' 3. The insurance afforded to any such additional "insured" does not apply to any "accident' beyond the period of time required by the written contract or agreement described above; 4. The most we will pay on behalf of such additional "insured(s)" is the lesser of: a. The Limits of Insurance specified in the written contract or agreement described above; or b. The Limits of Insurance shown in the Declarations. This provision shall not increase the Limit of Insurance shown in the Declarations in this policy or coverage part; and When you have agreed in a written contract or 5. The following changes are made to Paragraph agreement to include a person or organization as 5. Other Insurance of B. General Conditions an additional insured", such person or under Section IV - Business Auto Conditions: organization is included as an "insured" subject to a. The following is added to Paragraph 5.a.: the following: If required by the written contract or agreement described above, the CL CA 0149 07 21 Includes copyrighted material of Insurance Services Page 1 of 5 Office, Inc., with its permission insurance afforded to the additional insured under this provision will be primary to, and will not seek contribution from, the additional insured's own insurance. b. Paragraph 5.c. is deleted in its entirety. S. Paragraph A.1.c. under Section II - Covered Autos Liability Coverage is deleted in its entirety. 7. The definition of "insured contract" under Section V - Definitions is amended to add the following: An "insured contract" does not include that part of any contract or agreement: That pertains to the ownership, maintenance or use of an "auto" and which indemnifies a person or organization for other than the vicarious liability of such person or organization for "bodily injury" or "property damage" caused by your operation or use of a covered "auto". However, a person or organization is an additional "insured" under this provision only to the extent such person or organization is not named as an "insured" by separate endorsement to this policy. C. EMPLOYEES AS INSUREDS The following is added to Paragraph A.1. Who Is An Insured Section II - Covered Autos Liability Coverage: Any "employee" of yours is an "insured" while using a covered 'auto' you don't own, hire or borrow in your business or your personal affairs. D. INCREASED COVERAGE -BAIL BONDS The Supplementary Payments Coverage Extension of Section II - Covered Autos Liability Coverage is amended as follows: The Limit of Insurance in paragraph A.2.a.(2) is increased to $5,000. E. INCREASED COVERAGE - LOSS OF EARNINGS The Supplementary Payments Coverage Extension of Section II - Covered Autos Liability Coverage is amended as follows: The Limit of Insurance in paragraph A.2.a.(4) is increased to $1,000. F. FELLOW EMPLOYEE COVERAGE The Fellow Employee Exclusion contained in Section II -Covered Autos Liability Coverage does not apply. This coverage is excess over any other collectable insurance. G. COVERAGE EXTENSION -TRANSPORTATION EXPENSES Paragraph A.4.a. Transportation Expenses of Section III - Physical Damage Coverage is amended as follows: 1. The Limits of Insurance are increased to $75 per day to a maximum of $2,500. 2. We will also pay reasonable and necessary expenses to facilitate the return of the stolen "auto" to you. 3. It is agreed and understood and it is our stated intent that expensesincurred by you underthe Transportation Expenses Coverage Extension will not also be covered or paid under the Rental Reimbursement Coverage provided by this endorsement or any rental reimbursement coverage added by separate endorsement to this policy. H. EXTENDED COVERAGE -AIRBAGS The following is added to Exclusion B.3.a. of Section III - Physical Damage Coverage: However, this exclusion does not apply to the unintended discharge of an airbag. This coverage is excess over any other collectible insurance or warranty providing such airbag coverage. I. AUTO LOANILEASE GAP COVERAGE The following is added to Section III - Physical Damage Coverage, Paragraph C. Limits of Insurance. 4. In the event of a total "loss" to a covered "auto", we will pay the lesser of: a. Any unpaid amount due on the lease or loan for a covered "auto", less: (1) The amount under the Physical Damage Coverage section of the policy; and (2) Any: (a) Overdue lease/loan payments al the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the lessor, (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, and (e) Carry-over balances from previous loans or leases; or b. $5,000. Page 2 of 5 Includes copyrighted material of Insurance Services CL CA 0149 07 21 Office, Inc., with its permission However, this provision does not apply to the disabled. However, the labor must be performed extent loan/lease gap coverage has been at the place of disablement. provided by separate endorsement to this N. FIRE EXTINGUISHER RECHARGE policy. J. GLASS REPAIR -NO DEDUCTIBLE The following is added to Paragraph A.4,, Coverage Extensions of Section IV - Physical The followingis added to Paragraph D. Deductible Damage Coverage: of Section III -Physical Damage Coverage: Any When fire extinguishers are kept in your covered Comprehensive Coverage deductible shoran in " auto' and any are discharged in an attempt to the Declarations does not a loss" to apply to extinguish a fire, we will pay the lesser of the glass breakage when you elect to patch or repair actual cost of recharging or replacing such fire rather than replace the glass. extinguisher(s). This provision does not apply to any covered No deductible applies to this coverage. "auto" provided Physical Damage Coverage under CA 04 21 - Full Safety Glass Coverage. O. HIRED AUTO PHYSICAL DAMAGE COVERAGE K. INCREASED COVERAGE - ELECTRONIC The following is added to Paragraph AA EQUIPMENT Coverage Extensions of Section III - Physical The $1,000 limit indicated in Paragraph C.1.b. Damage Coverage: under Section III - Physical Damage Coverage is If hired "autos" are covered "autos" for Covered increased to $2,500. Autos Liability Coverage and if Physical Damage L. EXTENDED COVERAGE - PERSONAL Coverage is provided for any "auto" you own, then PROPERTY the Physical Damage coverages provided are The following is added to Paragraph AA. extended to "autos" you lease, rent, hire or borrow Coverage Extensions of Section III - Physical from someone other than your "employees', Damage Coverage: partners or members of their households subject to the following: Physical Damage Coverage on a covered "auto" may be extended to "loss" to your personal 1. The most we will pay in any one "loss" is the property or, if you are an individual, the personal lesser of: property of a family member, that is in the covered a. The actual cash value of the "auto"; "auto" at the time of "loss" and caused by an b. The cost to repair or replace the "auto"; or "accident" and resulting from the ownership, maintenance or use of a covered "auto". C. $100,000. The insurance provided by this coverage 2. Paragraph 1. above is subject to a deductible. extension is excess over any other collectible The deductible shall be equal to the amount of insurance. The most wewill pay for anyone "loss" the highest deductible shown for any owned under this coverage extension is $500. However, "auto" of the same classification for that our payment for "loss" to personal property will coverage. In the event there is no owned only be for the account of the owner of the "auto" of the same classification, the highest "auto" property. deductible for any owned will apply for that coverage. Under this provision, personal property does not include and we will not pay for "loss" of currency, No deductible will apply to "loss" caused by coins, securities or contraband. fire or lightning. No deductible applies to this coverage extension. 3. Hired Auto Physical Damage Coverage is M. TOWING subject to the following: Paragraph A.2. Towing of Section III - Physical a. If symbol 8 is shown in the Covered Auto Damage Coverage, is replaced by the following: If section ofthe Declarations page forany of a private passenger type "auto" or light truck the Physical Damage coverages, then the ..auto (0-10,000 Lbs. GVW) is provided both Hired Auto Physical Damage coverage Comprehensive and Collision Coverage, we will described in this endorsement does not pay up to $150 for towing and labor costs incurred apply. each time such "auto" is disabled. If a medium, b. Other than indicated in Paragraphs a. heavy or extra -heavy truck or extra -heavy Truck- directly above, coverage provided under tractor "auto" (greater than 10,000 Lbs. GVW) is this provision will be excess over any provided both Comprehensive and Collision other collectible insurance or coverage. Coverage, we will pay up to $250 for towing and labor costs incurred each time such "auto" is CL CA 0149 07 21 Includes copyrighted material of Insurance Services Page 3 of 5 Office, Inc., with its permission 4. In addition to the limit set forth in Paragraph 1. above we will pay up to $500 per day, to a maximum of $3,500 per"loss" for: a. Any costs or fees associated with the "loss" to a hired "auto"; and b. Loss of use of the hired "auto", provided it is the consequence of an "accident" for which you are legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. However, Paragraph A.4.b. Loss of Use Expenses under Section III - Physical Damage Coverage of the Business Auto Coverage Form does not apply. P. RENTAL REIMBURSEMENT COVERAGE We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". 1. Payment applies in addition to the otherwise applicable amount of each coverage you have on the covered "auto". 2. No deductible applies to this coverage. 3. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the expiration date of the policy, with the lesser of the following number of days: a. The number of days when the covered "auto" has been repaired or replaced, or b. 45 days. 4. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses incurred; or b. Not more than $75 for anyone day; 5. We will pay up to an additional $300 for the reasonable and necessary expenses you incur to remove your materials and equipment from the covered "auto" and replace such materials and equipment on the rental "auto". S. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 7. If "loss" resultsfrom thetotal theft ofa covered "auto" of the "private passenger type", we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension of the Business Auto Coverage Form or any endorsements thereto. However, this provision does not apply to the extent that rental reimbursement is provided by separate endorsement to this policy. Q. DRIVE OTHER CAR COVERAGE 1. The following is added to Section II -Covered Autos Liability Coverage: a. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by: (1) You, if you are designated in the Declarations as an individual; (2) Your partners or members, if you are designated in the Declarations as a partnership or joint venture; (3) Your members or managers, if you are designated in the Declarations as a limited liability company; (4) Your executive officers if you are designated in the Declarations as an organization otherthan an individual, partnership, joint venture or limited liability company; and (5) The spouse of any person named in Paragraphs Q.1.a.(1). through Q.1.a.(4)while a resident of the same household; Except: (a) Any "auto" owned by that individual orby any memberof his or her household. (b) Any "auto" used by that individual or his orher spouse while working in a business of selling, servicing, repairing or parking "autos". 2. Changes In Auto Medical Payments And Uninsured And Underinsured Motorists Coverages The following is added to Who IsAn Insured: Any individual named in 1.a above and his or her "family members' are "insured" while "occupying" or while a pedestrian when being struck by any "auto"you don't own except: Any "auto" owned by that individual or by any "family member". 3. Changes In Physical Damage Coverage Any private passenger type "auto" you dont own, hire or borrow is a covered "auto" while in the care, custody orcontrol ofany individual named in Q.1.a. above or his or her spouse while a resident of the same house -hold except: a. Any "auto" owned by that individual or by any member of his or her household; or Page 4 of 5 Includes copyrighted material of Insurance Services CL CA 0149 07 21 Office, Inc., with its permission b. Any "auto" used by that individual or his or her spouse while working in a business d selling, servicing, repairing or parking "autos". 4. The most we will pay for the total of all damages under Covered Autos Liability Uninsured Motorists Coverage and Underinsured Motorists Coverage is the Limit Of Insurance shown in the Declarations as applicable to owned "autos". 5. Our obligation to pay for, repair, return or replace damaged or stolen property under Physical Damage Coverage, will be reduced by a deductible equal to the amount of the highest deductible shown for any owned private passenger type "auto" applicable to that coverage. If there are no owned private passenger type "autos", the deductible shall be $250 for Comprehensive Coverage and $500 for Collision Coverage. No deductible will apply to "loss" caused by fire or lightning. 6. Additional Definition As used in this DRIVE OTHER CAR Provision: "Family member" means a person related to the individual named in 1.a. by blood, marriage or adoption who is a resident of the individual's household, including a ward or foster child. R. KNOWLEDGE OF AN ACCIDENT, CLAIM, SUIT OR LOSS The following is added to Paragraph A.2. of Section IV -Business Auto Conditions: Your obligation to provide prompt notice of an "accident", claim, "suit" or "loss" is satisfied if you or a person designated by you to be responsible for insurance matters is notified of, or in any manner made aware of an "accident", claim, "suit" or "loss" and provides us such notice as soon as practicable S. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT The following is added to Paragraph A.5 of Section IV -Business Auto Conditions: We waive any right of recovery we may have against a person or organization because of payments we make for "bodily injury" or "property damage" when you and such person or organization have agreed in writing in a contract or agreement to waive such right of recovery, provided: 1. Such written contractor agreement was: a. Made prior to the "accident" or "lass" resulting in the covered "bodily injury" or "property damage"; and b. Was in effect at the time of the covered "bodily injury" or "property damage". 2. The covered "bodily injury" or "property damage" must arise out of the operations specified in such written contract or agreement. 3. At our request you must provide us with a copy of the aforementioned written contract or agreement. T. UNINTENTIONAL OMISSIONS The following is added Paragraph B.2. of Section IV - Business Auto Conditions: If you fail to disclose any hazards existing at the inception date of this policy, such failure will not prejudice the coverage provided toyou. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. U. LIBERALIZATION If we revise this endorsement to provide greater coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. CL CA 0149 07 21 Includes copyrighted material of Insurance Services Page 5 of 5 Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY CL CG 04 92 10 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGE EXTENSIONS Prwklon Name Of Coverage Extension Included or Limit of Insurance A. Miscellaneous Additional Insureds Included B. Expected Or Intended Injury Or Damage Included C. Knowledge Of Occurrence Included D. Legal Liability — Damage To Premises Rented To You (Fire, Lightning, Explosion, Smoke, Or Leakage From Automatic Fire Protective Systems) $300,000 E. Medical Payments See Declarations F. Mobile Equipment Redefined Included G. Newly Formed Or Acquired Organization, Partnership Or Limited Liability Company And Extended Period Of Coverage Included H. Who Is An Insured — Amendment Included 1. Non -Owned Watercraft (Increased to maximum length of less than 51 feet Included J. Supplementary Payments — Increased Limits 1. Bail Bonds 2. Loss Of Earnings $ 3,000 $ 1,000 K. Unintentional Omission Or Unintentional Error In Disclosure Included L. Waiver Of Transfer Of Rights Of Recovery Against Others Included M. Liberalization Clause Included N. Incidental Medical Malpractice Included The above is a summary only. Please consult the specific provisions that follow for complete information on the extensions provided. The provisions of the Commercial General Liability Coverage Part apply except as otherwise provided in this endorsement. This endorsement applies only if such Coverage Part is included in this policy. A. MISCELLANEOUS ADDITIONAL INSUREDS in writing in a contract or agreement that such person or organization be added as an additional insured on your policy, provided that: a. The written contract or written agreement is: 1. Section If — Who Is An Insured is amended (1) Currently in effect or becoming to include as an insured any person or effective during the term of this policy; organization (referred to as an additional and insured below) described in Paragraphs A.1.c.(1) through A.1.c.(9) below when you (2) Fully executed by you and the and such person or organization have agreed additional insured prior to the "bodily CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 8 with its permission injury", "property damage" or (1.1) The preparing, approving, "personal and advertising injury". or failing to prepare or b. The insurance afforded by this provision approve, maps, shop drawings, opinions, reports, does not apply to any person or surveys, field orders, organization included as an additional change orders or drawings insured by a separate endorsement and specifications; or issued by us and made a part of this policy or coverage part. (1.2) Supervisory, inspection, architectural or engineering c. Only the following persons or activities. organizations are additional insureds under this provision, with coverage for This exclusion applies even if the such additional insureds limited as claims against any insured allege provided herein: negligence or other wrongdoing in the (1) Persons or Organizations For supervision, hiring, employment, training or monitoring of others by that Whom Operadons Are PerfornnZd insured, if the "occurrence" which (a) Any person or organization for caused the "bodily injury" or "property whom you are performing damage", or the offense which operations when you and such caused the "personal and advertising person or organization have injury", involved the rendering of, or agreed in writing in a contract or the failure to render, any professional agreement that such person or architectural, engineering or organization be added as an surveying services. additional insured to your policy; (tt) "Bodily injury" or "property and damage" occurring after: (b) Any other person or organization (1.1) All work, including you are required to add as an materials, parts or additional insured under the equipment furnished in contract or agreement described connection with such in paragraph (a) above. work, on the project (c) Such person(s) or organization(s) (other than service, is an additional insured only with maintenance or repairs) respect to liability for "bodily to be performed by or on injury", "property damage" or behalf of the additional "personal and advertising injury" insured(s) at the location caused, in whole or in part, by: of the covered operations has been completed; or (1) Your acts or omissions; or (1.2) That portion of "your (11) The acts or omissions of work" out of which the those acting on your behalf; injury or damage arises in the performance of your ongoing has been put to its operations for the additional insured. intended use by any (d) With respect to the insurance person or organization other than another afforded to these additional contractor or insureds, the following additional subcontractor engaged in exclusions apply: performing operations for This insurance does not apply to: a principal as a part of the same project. () Bodily injury", property t "u damage" or "personal and (2) Mtanagem Or Lessors Of Premises advertising injury" arising out A manager or lessor of premises but of the rendering of, or the only with respect to liability arising out failure to render, any of the ownership, maintenance or use professional architectural, of that part of the premises leased to engineering or surveying services, including: CL CO 04 921018 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 8 with its permission you and subject to the following additional exclusions: This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to be a tenant in that premises. (b) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. (3) Mortgagee, Assignee Or Receiver A mortgagee, assignee, or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a covered premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. (4) Owners Or Other Interests From VAm Land Has Been Leased An owner or other interest from whom land has been leased to you but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to lease that land. (b) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. (5) Lessor Of Leased Equipment Any person(s) or organization(s) from whom you lease equipment but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). A person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such leased equipment ends. This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. (6) State, Municipality, Governmental Agency Or Subdivision Or Other Political Subdivision — Permits Or Authorbmtions Relating To Promises Any state, municipality, governmental agency or subdivision or other political subdivision subject to the following additional provisions: (a) This insurance applies only with respect to: (1) The following hazards for which the state, municipality, governmental agency or subdivision or other political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: (1.1) The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or (1.2) The construction, erection or removal of elevators; or (1.3) The ownership, maintenance or use of any elevators covered by this insurance. (11) Operations performed by you or on your behalf for which the state, municipality, governmental agency or subdivision or other political subdivision has issued a permit or authorization. CL CG 04 92101S Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 8 with its permission (b) This insurance does not apply to (IIQ Any physical or chemical "bodily injury", "property damage" change in the product made or "personal and advertising intentionally by the injury" arising out of operations vendor; performed for the state, (Iv) Repackaging, except when municipality, governmental unpacked solely for the agency or subdivision or other purpose of inspection, political subdivision. demonstration, testing, or the (7) Controlling Interest substitution of parts under Any person(s) or organizationwith instructions from thes) manufacturer, and then a controlling interest in the Named repackaged in the original Insured but only with respect to their container; liability arising out of: (a) Their financial control of you; or (v) Any failure to make such inspections, adjustments, (b) Premises they own, maintain or tests or servicing as the control while you lease or occupy vendor has agreed to make these premises. or normally undertakes to make in the usual course of This insurance does not apply to business, in connection with structural alterations, new the distribution or sale of the construction or demolition operations products; performed by or for such person(s) or organization(s). (vi) Demonstration, installation, (8) Co-owner Of Insured Premises servicing or repair operations, except such A co-owner of a premises co -owned operations performed at the by you and covered under this vendor's premises in insurance but only with respect to the connection with the sale of co -owner's liability as co-owner of the product; such premises. (vii) Products which, after (8) Vendors distribution or sale by you, (a) Any person(s) or organization(s) have been labeled or relabeled or used as a (referred to as vendor), but only container, part or ingredient with respect to "bodily injury" or of any other thing or "property damage" arising out of substance by or for the "your products" which are vendor; or distributed or sold in the regular course of the vendor's business. (vial) "Bodily injury" or "property The insurance afforded the damage" arising out of the sole negligence of the vendor vendor does not apply to: for its own acts or omissions (1) "Bodily injury' or "property or those of its employees or damage" for which the anyone else acting on its vendor is obligated to pay behalf. However, this damages by reason of the exclusion does not apply to: assumption of liability in a (1.1) The exceptions written contract or written contained in Sub - agreement. This exclusion paragraphs (Iv) or does not apply to liability for (vl); or damages that the vendor would have in the absence of (1.2) Such inspections, the written contract or written adjustments, tests or agreement; servicing as the (11) Any express warranty vendor has agreed to make or normallyundertakes unauthorized by you; to make CL CG 04 821018 Includes copyrighted material of Insurance Services Office, Inc., Page 4 of 8 with its permission in the usual course of business, in connection with the distribution or sale of the products. (b) This insurance does not apply to any insured person or organization, from whom you have acquired products, or any ingredient, part or container, entering into, accompanying or containing such products. 2. With respect to coverage provided by this Provision A. Miscellaneous Additional Insureds, the following additional provisions apply: a. Any insurance provided to an additional insured designated under Paragraphs A.1.c.(1) through A.1.c.(S) above does not apply: (1) To "bodily injury" or "property damage" included within the "products -completed operations hazard"; or (2) To "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of such additional insured. b. The insurance afforded to such additional insured only applies to the extent permitted by law. c. The insurance afforded to such additional insured will not be broader than that which you are required to provide by the written contract or written agreement. 3. With respect to the insurance afforded to the additional insureds within this Provision A. Miscellaneous Additional Insureds, the following is added to Section III — Limilta Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contract or written agreement; or b. Available under the applicable Limits Of Insurance shown in the Declarations; B. EXPECTED OR INTENDED INJURY OR DAMAGE Exclusion 2.a. Expected Or Intended Injury of Section I — Coverage A — Bodily Injury And Property Damage Liability is deleted and replaced by the following: a. Expected Or Intended Injury Or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. C. KNOWLEDGE OF OCCURRENCE Paragraph 2.a. Dutfes In The Event Of Occurrence, Ofhnee, Claim Or Suit of Section IV — Commercial General Liability Conditions is deleted and replaced by the following: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim only when the 'occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A manager, if you are a limited liability company; or (4) An "executive officer" or the "employee" designated by you to give such notice, if you are an organization other than a partnership or a limited liability company. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (19 The names and addresses of any injured persons and witnesses; and (111) The nature and location of any injury or damage arising out of the "occurrence" or offense. D. LEGAL LIABILITY — DAMAGE TO PREMISES RENTED TO YOU (Fire, iLlghtning, Explosion, Smoke, Or Leakage From Automatic Fire Protective Systems) If damage to premises rented to you is not otherwise excluded from this policy or coverage part, then the following provisions apply: whichever is less. 1. Under Section I — Coverage A — Bodily This endorsement shall not increase the Injury And Property Damage Liability, the applicable Limits Of Insurance shown in the last paragraph (after the exclusions) is deleted Declarations. and replaced by the following: CL CG 04 821018 Includes copyrighted material of Insurance Services Office, Inc., Page 8 of 8 with its permission Exclusions c. through n. do not apply to damage by fire, lightning, explosion, "smoke", or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with the permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limps Of Insurance. 2. The paragraph immediately after Sub- paragraph j.(6) of Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability is deleted and replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, "smoke", or leakage from automatic fire protective systems) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. 3. Paragraph S. of Section HI — Limits Of Insurance is deleted and replaced by the following: S. Subject to Paragraph 5. above, the greater of: a. $300,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations, is the most we will pay under Coverage A for damages because of "property damage" to premises while rented to you, or in the case of damage by fire, lightning, explosion, "smoke", or leakage from automatic fire protective systems, while rented to you or temporarily occupied by you with permission of the owner. This limit will apply to all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, "smoke", leakage from automatic fire protective systems, or other covered causes of loss or any combination thereof. 4. Subparagraph b.(1xa)(IQ of Paragraph 4. Odwr Insurance of Section IV — Commercial General Liability Conditions is deleted and replaced by the following: you or temporarily occupied by you with permission of the owner; 5. Subparagraph a. of Definition 9. 'Insured contract" of Section V — Definitions is deleted and replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, "smoke" or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract'. 6. As used in this Provision D. Legal Liability — Damage To Premises Rented To You: "Smoke" does not include smoke from agricultural smudging, industrial operations or "hostile fire". E. MEDICAL PAYMENTS The Medical Expense Limit is changed, subject to the terms of Section HI — Limits Of Insurance, to the Medical Expense Limit shown in the Declarations. F. MOBILE EQUIPMENT REDEFINED Subparagraph f.(1) of Definition 12. "Mobile equipment' of Section V — Definitions is deleted and replaced by the following: (1) Equipment with a gross vehicle weight of 1,000 pounds or more and designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; G. NEWLY FORMED OR ACQUIRED ORGANIZATION, PARTNERSHIP OR LIMITED LIABILITY COMPANY AND EXTENDED PERIOD OF COVERAGE Paragraph 3. of Section 11— Who Is An Insured is deleted and replaced by the following: 3. Any organization you newly acquire or form, other than a joint venture, and over which you maintain ownership or: a. Majority interest of more than 50% if you are a corporation; (11) That is fire, lightning, explosion, "smoke" b. Majority interest of more than 50% as a or leakage from automatic fire protective general partner of a newly acquired or systems insurance for premises rented to formed partnership; and/or CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 6 of 8 with its permission c. Majority interest of more than 50% as an owner of a newly acquired or formed limited liability company; will qualify as a Named Insured if there is no other similar insurance available to that organization. However, for these organizations: (1) Coverage under this provision is afforded only until the next anniversary date of this policy's effective date after you acquire or form the organization, partnership or limited liability company, or the end of the policy period, whichever is earlier; (11) Section I — Coverage A — Bodily Injury And Property Damage Liability does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization, partnership or limited liability company; (111) Section 1— Coverage 8 — Personal And Advertising Injury Liability does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization, partnership or limited liability company; (iv) Coverage applies only when operations of the newly acquired organization, partnership or limited liability company are the same or similar to the operations of insureds already covered under this insurance; (v) Coverage only applies for those limited liability companies who have established a date of formation as recorded within the filed state articles of organization, certificates of formation or certificates of organization; and (vi) Coverage only applies for those partnerships who have established a date of formation as recorded within a written partnership agreement or partnership certificate. H. WHO IS AN INSURED — AMENDMENT The last paragraph of Section 11 — Who Is An Insured is deleted and replaced by the following: No person or organization is an insured with respect to the conduct of any: a. Current partnership or limited liability company, unless otherwise provided for under Paragraph 3. of Section 11 — Who Is An Insured; b. Current joint venture; or c. Past partnership, joint venture or limited liability company; that is not shown as a Named Insured in the Declarations. 1. NON -OWNED WATERCRAFT Subparagraph (2) of Exclusion 2.g. Aircraft, Auto Or Watercraft of Section I — Coverage A — Bodily Injury And Property Damage Liability is deleted and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge. J. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS Section I — Supplementary Payments — Covenages A And B is changed as follows: 1. The limit shown in Paragraph 1.b. for the cost of bail bonds is changed from $250 to $3,000; and 2. The limit shown in Paragraph 1.d. for loss of earnings because of time off from work is changed from $250 a day to $1,000 a day. K. UNINTENTIONAL OMISSION OR UNINTENTIONAL ERROR IN DISCLOSURE The following provision is added to Paragraph 8. Representations of Section IV — Commercial General Liability Conditions: However, the unintentional omission of, or unintentional error in, any information given or provided by you shall not prejudice your rights under this insurance. This provision does not affect our right to collect additional premium or to exercise our right of cancellation or non -renewal. L WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS The following is added to Paragraph S. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Commercial General Liability Conditions: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" and included in the "products -completed operations hazard" when you have agreed in a written contract or written agreement that any right of recovery is waived for such person or organization. This waiver applies only to the CL CO 04 821018 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 8 with its permission person(s) or organization(s) agreed to in the written contract or written agreement and is subject to those provisions. This waiver does not apply unless the written contract or written agreement has been executed prior to the "bodily injury" or "property damage". However, if any person or organization is separately scheduled on a separate waiver of transfer of rights of recovery which is attached to this policy, then this waiver does not apply. M. LIBERALIZATION CLAUSE The following is added to Section IV — Commer+cial General Liability Conditions: If we adopt a mandatory attachment form change which broadens coverage under this edition of the Commercial General Liability CG0001 for no additional charge, and those changes are intended to apply to all insureds under this edition of CG0001, that change will automatically apply to your insurance as of the date we implement the change in your state. This liberalization clause does not apply to changes implemented through introduction of a subsequent edition of the Commercial General Liability form CG0001. N. INCIDENTAL MEDICAL MALPRACTICE 1. Paragraph 2.a.(1xd) of Section 11 — Who Is An Insured does not apply to a physician, nurse practitioner, physician assistant, nurse, emergency medical technician or paramedic employed by you if you are not in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services. 2. This provision is excess over any other valid and collectible insurance whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow Paragraph 4.b. of Section IV — Commercial General Liabillty Cond8ions. CL CG 04 921018 Includes copyrighted material of Insurance Services Office, Inc., Page 8 of 8 with its permission