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HomeMy WebLinkAboutGilbert Patterson Concrete, Inc. - Contract CONTRACT THIS AGREEMENT, made and entered into in triplicate, this .fir day of 2023, by and between the City of Yakima, hereinafter called the Owner, and Gilbert Patterson Concrete,Inc.,a Washington poration,hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement,the parties hereto covenant and agree as follows: I. The Contractor shall do all work and furnish all tools,materials,labor and equipment for THE BID AMOUNT OF:$41,672.00,for Mead Avenue &27th Avenue Sidewalk Improvements,City of Yakima Job No. 2618,all in accordance with,and as described in the attached specifications and the 2023 Standard Specifications for Road,Bridge,and Municipal Construction which are by this reference incorporated herein and made a part hereof,and shall perform any alterations in or additions to the work provided under this contract and every part thereof. Work shall start within ten (10) days after the Notice to Proceed and shall be completed in thirty-five (35)working days.The first chargeable working day shall be the 11th working day after the date on which the City issues the Notice to Proceed. If said work is not completed within the time specified,the Contractor agrees to pay to the Owner the sum specified in the Standard Specifications for each and every day said work remains uncompleted after expiration of the specified time,as liquidated damages. The Contractors shall provide and bear the expense of all equipment;work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof,except such as are mentioned in the specifications to be furnished by the City of Yakima. II. The City of Yakima hereby promises and agrees with the Contractor to employ,and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached,at the time and in the manner and upon the conditions provided for in this contract. III. INDEMNIFICATION. The Contractor shall 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.The City's right to indemnification includes attorney's fees and costs associated with establishing the right to indemnification hereunder in favor of the City. IV. The Contractor for himself,and for his heirs,executors,administrators,successors,and assigns,does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. V. It is further provided that no liability shall attach to the City of Yakima by reason of entering into this contract,except as expressly provided herein. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein above written. Countersigned: CITY OF YAKIMA CONTRACTOR L this day of 7 2023. G(Cloel [ C n -cr' Corporation Af Contracip By: City Manager (1 Mq\���1 Atot: • •• r(Print Name) 1 *''• : t.#0 OtAAA.City Clerk f0 ��c� ,• / Its: re—Si ea* O (President,Owner,etc.)p �),� Cri Y CONTRACT NO J'����� IN 4%'4SHC? ` RE3OLU H .ONNO' (4 Address: V © cUel c-k' 1 wct . R8`751 ACCORD® DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 08/25/2023 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(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Eva Valdivia Empire Insurance Brokers IA1C.N_Ext (509)454-5009 FAX No): (206)832 1780 E-MAIL EVA@EIBNOW.COM 2532 Broadway ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Everett WA 98201 INSURERA: DEPOSITORS INSURANCE COMAPNY 42587 INSURED INSURER B: ALLIED PROPPERTY&CASUALTY INSURANCE C 42579 GILBERT PATTERSON CONCRETE INC INSURERC: AMCO INSURANCE COMPANY 19100 P.O.BOX 262 INSURER D: INSURER E: WAPATO WA 98951-0262 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP W LIMITS LTR INSD VD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 A X X ACPGLDO3120131907 05/09/2023 05/09/2024 PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PJERCOT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBaccident NED)I SINGLE LIMIT $ 1,000,000 (Ea ANY AUTO BODILY INJURY(Per person) $ B AWNED SCHEDULED AUTOS ONLY X X ACPBAPC3120131907 05/09/2023 05/09/2024 BODILY INJURY(Per accident) $ X AUTOS XHIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY X AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 1,000,000 C X EXCESS LIAB CLAIMS-MADE ACPCAA3120131907 08/01/2023 05/09/2024 AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION STATUTE X ERH STOP GAP AND EMPLOYERS'LIABILITY Y/NANY A OFFICER/MEMBER ER EXCLUDED?PROPRIETOR/PARTNER/EXECUTIVE N/A ACPGLDO3120131907 05/09/2023 05/09/2024 E.L.EACH ACCIDENT $ 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE,$ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) PROJECT:CITY OF YAKIMA NO.2618-MEAD AVE&27TH AVENUE SIDEWALK IMPROVEMENTS CITY OF YAKIMA,THEIR AGENTS,EMPLOYEES,VOLUNTEERS,AND ELECTED AND APPOINTED OFFICIALS ARE HEREBY NAMED AS ADDITIONAL INSURED PER CONTRACTUAL AGREEMENT. CERTIFICATE HOLDER CANCELLATION CITY OF YAKIMA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 129 N 2ND STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN YAKIMA WA 98901 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE EVA VALDIVIA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 81 86 03 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ConstructionGardsM General Liability Enhancement Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is a summary of the additional coverages provided by this endorsement. For complete details on a specific coverage,consult the endorsement contract language. 1. Additional insureds Various additional insured extensions 2. Aggregate Limit Per Project 3. Blanket Waiver of Subrogation If required by written contract, insurer waives right of subrogation 4. Broad Form Named Insured 5. Broadened Definition of BI Definition includes mental anguish 6. Broadened Liability Coverage for Damage to "Your Product"and "Your Work" 7. Contractual Liability—Railroads Expanded definition of"insured contract" 8. Contractual Liability for Personal and Advertising Injury 9. Damage to Premises Rented to You Extends perils Limit: $1,000,000 10. Electronic Data Liability Limit: $100,000 11. Expected and Intended Injury 12. Incidental Medical Malpractice 13. Knowledge of Occurrence 14. Liberalization 15. Lost Key Coverage Occurrence Limit: $10,000 16. Newly Formed and Acquired Organizations 180 days 17. Non-owned Aircraft 18. Non-owned Watercraft Included for watercraft up to 51 ft 19. Supplementary Payments Increased bail bonds limit to$5,000 Increased daily loss of earnings limit to$1,000 per day 20. Unintentional failure to Disclose Hazard 21. Non-duplication of Benefits CG 81 86 03 19 Includes copyrighted material of Insurance Services Office,Inc., Page 1 of 7 with its permission. CG81860319 1. Additional Insured — Automatic Status When granting the franchise or license Required In An Agreement Or Contract With ends. You d. Lessors of Leased Equipment — SECTION II — WHO IS AN INSURED is with respect to their liability for amended to include: "bodily injury", "property damage", or 1. Any person(s) or organization(s)whom you "personal and advertising injury", are required to add as an additional caused in whole or in part by your insured on this policy under a written maintenance, operation, or use of contract or written agreement, provided the equipment leased to you by such written contract or written agreement: insurance person(s) or organization(s).tap This insurance does not apply to any (1) Is currently in effect or becomes "occurrence"which takes place after effective during the term or this the equipment lease expires. policy;and (2) Was executed prior to the "bodily However, their status as additional injury," or insured under this policy ends when injury," al"propertyaop advertisingdamage" u their lease, contract, or agreement 1 ry" with you for such leased equipment for which the additional insured expires. seeks coverage. e. Lessor of Land — with respect to The person or organization added as an liability arising out of the ownership, additional insured by this endorsement is an maintenance or use of that specific additional insured only with respect to liability part of the land leased to you and for: subject to the following additional 1. "Bodily injury"or"property damage"or exclusions: 2. "Personal and advertising injury"; This insurance does not apply to: due to: (1) Any "occurrence" which takes a. Controlling Interest — with respect place after you cease to be a to their liability arising out of: tenant in that premise;or (1) Their financial control of you;or (2) Structural alterations, new construction or demolition (2) Premises they own, maintain or operations performed by or on control while you lease or behalf of such additional occupy these premises. insured. This insurance does not apply to However, their status as additional structural alterations, new insured under this policy ends when construction and demolition you cease to be a tenant of such operations performed by or for such premises. additional insured. f. Managers or Lessors of Premises b. Co-owner of Insured Premises — — with respect to liability arising out with respect to the co-owner's of the ownership, maintenance, or liability as a co-owner of such use of that part of the premises you premises. own,rent, lease,or occupy. c. Grantor of Franchise or License This insurance does not apply to: Any person or organization that has (1) Any"occurrence"which takes granted you a franchise or license place after you cease to be a by written contract or agreement is tenant in that premises;or an additional insured, but only with respect to their liability as a grantor (2) Structural alterations, new con- of a franchise or license to you. struction, or demolition However, their status as additional operations performed by or on insured under this policy ends when behalf of the person or their contract or agreement with you organization. Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc., CG 81 86 03 19 with its permission. CG 81 86 0319 However, their status as additional This exclusion applies even insured under this policy ends when if the claims against any you cease to be a tenant of such insured allege negligence premises. or other wrongdoing in the g. Mortgagee, Assignee or Receiver supervision, hiring, — with respect to their liability as employment, training or mortgagee, assignee, or receiver monitoring of others by that and arising out of the ownership, insured, if the "occurrence" maintenance, or use of a premise which caused the "bodily by you. This insurance does not injury" or "property apply to structural alterations, new damage", or the offense construction or demolition which caused the "personal operations performed by or on and advertising injury", behalf of such additional insured. involved the rendering of, or failure to render, any h. Owners, Lessees, or Contractors professional, architectural, — with respect to liability for "bodily engineering, or surveying injury", "property damage", or services. "personal and advertising injury" caused in whole or in part,by: i. State or Political Subdivision — (1) Your acts or omissions;or Permits Relating to Premises — with respect to the following (2) The acts or omissions of those hazards for which the state or acting on your behalf, in the political subdivision has issued a performance of your ongoing permit or authorization in operations performed for that connection with premises you own, additional insured, whether the rent, or control and to which this work is performed by you or on insurance applies. your behalf;or (1) The existence, maintenance, (3) "Your work" performed for that repair, construction, erection, or additional insured and included removal of advertising, signs, in the "products-completed awnings, canopies, cellar operations hazard." entrances, coal holes, drive- The insurance does not apply ways, manholes, marquees, to: hoist away openings, sidewalk (a) "Bodily injury", "property vaults, street banners, or damage", or "personal and decorations and similar advertising injury" arising exposures;or out of the rendering of or the (2) The construction, erection, or failure to render any removal of elevators;or professional architectural, (3) The ownership maintenance or engineering, or survey use of any elevators covered by services,including: this insurance. (i) The preparing, approv- This insurance does not apply to: ing, or failing to prepare (1) "Bodily injury" or "property or approve maps, shop e dame " or drawings, opinions, 9 "personal or reports, survey, field advertising injury" arising out of orders, change orders, operations performed for the or drawings and state or municipality;or specifications;or (2) "Bodily injury" or "property (ii) Supervisory, inspection, damage" included within the architectural or engi "products-completed operations neering activities. hazard". CG 81 86 0319 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 7 with its permission. CG 81 86 03 19 However, such state or political Named Insured shown in the Declarations subdivision's status as additional owns, during the policy period, an interest of insured under this policy ends when more than fifty percent. If other valid the permit ends. collectible insurance is available to any This endorsement shall not increase business entity covered by this solely by the applicable Limits of Insurance reason of ownership by the Named Insured shown in the Declarations. shown in the Declarations in excess of fifty The insurance afforded to such percent, this insurance is excess over the additional insureds described in a. i. other insurance, whether primary, excess, above: contingent,or on any other basis. (1) Only applies to the extent 5. Broadened Bodily Injury Definition (Mental permitted by law;and Anguish) (2) Will not be broader than any Under SECTION V—DEFINITIONS,Definition 3. coverage requirement in a "Bodily Injury"is replaced with: contract or agreement to provide 3. "Bodily injury" means physical injury, for such additional insured. sickness, or disease to a person and if 2. Aggregate Limit Per Project arising out of the foregoing, mental Under SECTION III — LIMITS OF INSURANCE, anguish, mental injury, shock, or 2: humltingon, including death at any time the following paragraph is added to Paragraph resulting therefrom. The General Aggregate Limit under SECTION Ili 6. Broadened Liability Coverage for Damage to LIMITS OF INSURANCE applies separately to "Your Product" and "Your Work" Under each of your construction projects away from SECTION I — COVERAGES, COVERAGE A premises owned by or rented to you. BODILY INJURY AND PROPERTY DAMAGE 3. Blanket Waiver Of Subrogation LIABILITY, Paragraph 2. Exclusions is Under SECTION IV — COMMERCIAL amended to delete exclusions k. and I. and GENERAL LIABILITY CONDITIONS, 8. replace them with the following: Transfer Of Rights Of Recovery Against This insurance does not apply to: Others To Us,the following is added: k. Damage to Your Product We waive any right of recovery we may have "Property damage"to "your product"arising against any person or organization because of out of it or any part of it except when payments we make for injury or damage arising caused by or resulting from: out of: a. Your ongoing operations;or (1) Fire; b. "Your work" included in the `products (2) Smoke; completed operations hazard." (3) Collapse;or However,this waiver applies only when you have (4) Explosion. agreed in writing to waive such rights of recovery I. Damage to Your Work in a contract or agreement, and only if the "Property damage" to "your work" arising contract or agreement: out of it or any part of it and included in the a. Is in effect or becomes effective during the "products-completed operations hazard". term or this policy;and This exclusion does not apply: b. Was executed prior to loss. (1) If the damaged work or the work out of 4. Broad Form Named Insured which the damage arises was Under SECTION II—WHO IS AN INSURED,the performed on your behalf by a following is added to Paragraph 2: subcontractor;or e. Any business entity incorporated or (2) If the cause of loss to the damaged organized under the laws of the United State work arises as a result of: of America (including any State thereof), its (a) Fire; territories or possessions, or Canada (b) Smoke; (including any Province thereof)in which the Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc., CG 81 86 03 19 with its permission. CG 81 86 0319 (c) Collapse; or "property damage"to any one premises, (d) Explosion. while rented to you, or in the case of damage by fire, lightning, explosion, Under SECTION III—LIMITS OF INSURANCE, smoke or sprinkler leakage,while rented the following paragraph is added: to you or temporarily occupied by you Subject to 6. above, $100,000 is the most we with permission of the owner.The limit is will pay under Coverage A for the sum of increased to$1,000,000. damages arising out of any one "occurrence" c. Under SECTION IV — COMMERCIAL because of"property damage"to "your product" GENERAL LIABILITY CONDITIONS, 4. and "your work" that is caused by fire, smoke, Other Insurance, b. Excess Insurance (1) collapse or explosion and is included within the (a)(ii)is replaced with: "product-completed operations hazard". This sublimit does not apply to "property damage"to (ii) That is Fire, Lightning, Explosion, "your work" if the damaged work or the work Smoke or Sprinkler leakage insurance out of which the damage arises was performed for premises rented to you or temporarily on your behalf by a subcontractor, occupied by you with permission of the 7. Contractual Liability—Railroads owner; a. Under SECTION V — DEFINTIONS, the 10. Electronic Data Liability following replaces Paragraph c. of a. Under SECTION I — COVERAGES, definition 9. "Insured Contract": COVERAGE A — BODILY INJURY AND c. Any easement or license agreement; PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion b. Under SECTION V —DEFINITIONS, p. Electronic Data and replace it with the Paragraph f.(1) of definition 9. "Insured following: Contract"is deleted. This insurance does not apply to: 8. Contractual Liability for Personal and Advertising Injury Under SECTION I — p. Electronic Data COVERAGES, COVERAGE B — PERSONAL Damages arising out of the loss of, loss AND ADVERTISING INJURY LIABILITY, of use of, damage to, corruption of, Paragraph 2. Exclusions is amended to delete inability to access, or inability to exclusion e.Contractual Liability. manipulate "electronic data" that does This provision 8. does not apply to any person not result from physical injury to tangible property. or organization who otherwise qualifies as an additional insured on this Coverage Part. However, this exclusion does not apply to liability for damages because of 9. Damage to Premises Rented to You "bodily injury." a. Under SECTION I — COVERAGES, b. Under SECTION III — LIMITS OF COVERAGE A — BODILY INJURY AND INSURANCE, the following paragraph is PROPERTY DAMAGE LIABILITY, the last added: paragraph of 2. Exclusions is replaced with: Subject to paragraph 5. above, $100,000 is If Damage To Premises Rented To You is the most we will pay under Coverage A for not otherwise excluded, Exclusions c. all damages arising out of any one through n. do not apply to damage by fire, "occurrence"because of"property damage" lightning, explosion, smoke, or sprinkler that results from physical injury to tangible leakage to premises while rented to you or property and arises out of"electronic data". temporarily occupied by you with permission c. Under SECTION V — DEFINITIONS, the of the owner. following definition is added: b. Under SECTION III — LIMITS OF "Electronic data" means information, facts INSURANCE, Paragraph 6.is replaced with: or programs stored as or on, created or 6. Subject to Paragraph 5. above, the used on,or transmitted to or from computer Damage To Premises Rented To You software, including systems and Limit is the most we will pay under applications software, hard or floppy disks, Coverage A for damages because of CD-ROMS, tapes, drives, cells, data processing devices or any other media CG 81 86 03 19 Includes copyrighted material of Insurance Services Office,Inc., Page 5 of 7 with its permission. CG 81 86 0319 which are used with electronically 12. Incidental Medical Malpractice Liability controlled equipment. a. Under SECTION II—WHO IS AN INSURED, d. Under SECTION V — DEFINITIONS, the Paragraph 2.a.(1)d. does not apply to definition of "property damage" is replaced nurses, emergency medical technicians or by the following for the purposes of the paramedics employed by you arising out of coverage provided by this endorsement his or her providing or failing to provide only: professional health care services, but only if 17. "Property damage"means: such healthcare services are within the a. Physical injury to tangible property, scope of their employment by you or are including all resulting loss of use of related to or arise out of the conduct of your that property. All such loss of use business. shall be deemed to occur at the b. This coverage does not apply if you are time of the physical injury that engaged in the business or occupation of caused it; providing professional health care services. b. Loss of use of tangible property 13. Knowledge Of An Occurrence that is not physically injured. All Under SECTION IV — COMMERCIAL such loss of use shall be deemed GENERAL LIABILITY CONDITIONS, the to occur at the time of the following is added to 2. Duties In The Event Of "occurrence"that caused it;or Occurrence,Offense,Claim Or Suit: c. Loss of, loss of use of, damage to, e. Knowledge of an occurrence, offense, claim corruption of, inability to access, or or suit by an agent or employee of any inability to properly manipulate insured shall not in itself constitute "electronic data," resulting from knowledge of the insured unless you, a physical injury to tangible property. partner, if you are a partnership; or an All such loss of "electronic data" executive officer or insurance manager, if shall be deemed to occur at the you are a corporation receives such notice of time of the "occurrence" that an occurrence, offense, claim or suit from caused it. the agent or employee. For the purposes of this insurance, f. The requirements in Paragraph b.will not be "electronic data" is not tangible considered breached unless there is property. knowledge of occurrence as outlined in e. If Electronic Data Liability is provided at a Paragraph e.above. higher limit by another endorsement 14. Liberalization attached to this policy, then the $100,000 If we revise this endorsement to provide more limit provided by this Provision 10. coverage without additional premium charge, we Electronic Data Liability is part of, and not will automatically provide the additional coverage in addition to,that higher limit. to all endorsement holders as of the day the 11. Expected or Intended Injury revision is effective in your state. Under SECTION I — COVERAGES, 15. Lost Key Coverage COVERAGE A — BODILIY INJURY AND a. Under SECTION I — COVERAGES, PROPERTY DAMAGE LIABILITY, Exclusion a. COVERAGE A BODILY INJURY AND is replaced by the following: PROPERTY DAMAGE LIABILITY, a. Expected Or Intended Injury coverage is extended to include the "Bodily injury" or "property damage" following: expected or intended from the standpoint of If a customer's master or grand key, the insured. excluding electronic key card, is lost, This exclusion does not apply to "bodily damaged or stolen while in your care, injury" or "property damage" resulting from custody or control we will pay the cost of the use of reasonable force to protect replacing the keys, including the master lock persons or property. and all keys used in the same lock, the cost of adjusting locks to accept the new keys, or the cost to replace the locks, whichever is less. Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc., CG 81 86 03 19 with its permission. CG 81 86 0319 b. Limit of Insurance—For the purpose of this • the following: coverage the most we will pay is $ 10,000 (2) A watercraft you do not own that is: per"occurrence". 16. Newly Formed And Acquired Organizations (a) Less than 51 feet long;and (b) Notr being used by the insured to a. Under SECTION II—WHO IS AN INSURED,3.a., 90th dayis changed to carry persons or property for a in paragraph 9 charge. 180th day. 19. Supplementary Payments b. This provision does not apply if coverage for Under SECTION I — COVERAGES, newly formed or acquired organizations is SUPPLEMENTARY PAYMENTS — excluded either by the provisions of the Commercial General Liability Coverage COVERAGES A AND B Paragraphs 1.b and Form or by any applicable endorsement. 1.d.are replaced with: 17. Non-Owned Aircraft b. Up to $5,000 for cost of bail bonds required Under SECTION I — COVERAGES, because of accidents or traffic law violations arising out of the use of any vehicle to which COVERAGE A — BODILY INJURY ANDtge PROPERTY DAMAGE LIABILITY, Exclusion We Bodily Injury Liabilityrs these applies. We do not have to furnish these bonds. g.does not apply to an aircraft provided: d. All reasonable expenses incurred by the a. It is hired, chartered or loaned with a paid insured at our request to assist us in the crew; investigation or defense of the claim or b. It is not owned by an insured; "suit", including actual loss of earnings up to c. The pilot in command holds a currently $1,000 a day because of time off from work. effective license for the particular aircraft 20. Unintentional Failure To Disclose Hazard being flown, issued by the duly constituted Under SECTION IV— COMMERCIAL authority of the United States of America GENERAL LIABILITY CONDITIONS, or Canada, designating her or him a Condition 6.Representations the following commercial airline pilot; and paragraph is added: d It is not being used by the insured to carry d. Your failure to disclose all hazards or prior persons or property for a charge. `occurrences" or offenses existing as of the The following is added to SECTION IV, inception date of the policy shall not COMMERCIAL GENERAL LIABILITY prejudice the coverage afforded by this CONDITIONS, Condition 4. Other Insurance, policy provided such failure to disclose all paragraph b. Excess Insurance: hazards or prior"occurrences"or offenses is This Non-Owned Aircraft insurance is excess not intentional.This provision does not affect over any other valid and collectible insurance our right to collect additional premium or whether primary, excess (other than insurance exercise our right of cancellation or non written to apply specifically in excess of this renewal. policy), contingent or any other basis that 21. Non-Duplication of Benefits would also apply to loss covered under this No one will be entitled to receive duplicate provision. payments for the same elements of loss under 18. Non-Owned Watercraft any of the coverages provided by the Under SECTION I — COVERAGES, Commercial General Liability Coverage form, COVERAGE A — BODILY INJURY AND this endorsement, or any other applicable PROPERTY DAMAGE LIABILITY, Paragraph endorsement. (2)of Exclusion g.is deleted and replaced with All terms and conditions of this policy apply unless modified by this endorsement. CG 81 86 0319 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 7 with its permission. COMMERCIAL GENERAL LIABILITY CG20010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance;and All terms and conditions of this policy apply unless modified by this endorsement. CG 20 01 04 13 ©Insurance Services Office, Inc.,2012 Page 1 of 1 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 04 42 11 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. STOP GAP - EMPLOYERS LIABILITY COVERAGE ENDORSEMENT - WASHINGTON This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Limits Of Insurance Bodily Injury By Accident $ 1,000,000 I Each Accident Bodily Injury By Disease $ 1,000,000 Aggregate Limit Bodily Injury By Disease $ I 1,000,000 Each Employee (If no entry appears above, the information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) A. The following is added to Section I — Cover- No other obligation or liability to pay sums ages: or perform acts or services is covered COVERAGE—STOP GAP—EMPLOYERS unless explicitly provided for under Sup- LIABILITY plementary Payments. 1. Insuring Agreement b. This insurance applies to "bodily injury by a. We will pay those sums that the insured accident" or"bodily injury by disease" only becomes legally obligated by Washington if: Law to pay as damages because of"bod- (1) The: ily injury by accident" or "bodily injury by (a) "Bodily injury by accident" or"bodily disease" to your "employee" to which this injury by disease"takes place in the insurance applies. We will have the right "coverage territory"; and duty to defend the insured against (b) "Bodily injury by accident"or"bodily any "suit" seeking those damages. How- injury by disease" arises out of and ever, we will have no duty to defend the in the course of the injured "em- insured against any "suit" seeking dam- ployee's"employment by you;and ages to which this insurance does not ap (c) "Employee", at the time of the in ply.We may, at our discretion, investigate jury, was covered under a worker's any accident and settle any claim or"suit" compensation policyand subject to that may result. But: a "workers copensation law" of (1) The amount we will pay for damages is Washington; and limited as described in Section III — (2) The: Limits Of Insurance; and (2) Our right and duty to defend end when (a) "Bodily injury by accident" is we have used up the applicable limit of caused by an accident that occurs insurance in the payment of judgments during the policy period; or or settlements under this coverage. CG 04 42 11 03 Page 1 of 4 ACP GLD03120131907 LB1G 23080 INSURED COPY 37 0000300 CG 04 42 11 03 (b) "Bodily injury by disease" is caused c. Statutory Obligations by or aggravated by conditions of Any obligation of the insured under a employment by you and the injured workers' compensation, disability benefits "employee's" last day of last expo- or unemployment compensation law or sure to the conditions causing or any similar law. aggravating such "bodily injury by d. Contractual Liability disease" occurs during the policy period. Liability assumed by you under any con- c. The damages we will pay, where recovery tract or agreement. is permitted by law, include damages: e. Violation Of Law (1) For: "Bodily injury by accident" or"bodily injury (a) Which you are liable to a third party by disease" suffered or caused by any by reason of a claim or "suit" employee while employed in violation of against you by that third party to law with your actual knowledge or the ac- recover the damages claimed tual knowledge of any of your "executive against such third party as a result officers". of injury to your"employee"; f. Termination,Coercion Or (b) Care and loss of services; and Discrimination (c) Consequential "bodily injury by Damages arising out of coercion, criticism, accident" or "bodily injury by dis demotion, evaluation, reassignment, dis ease" to a spouse, child, parent, cipline, defamation, harassment, humilia brother or sister of the injured "em tion, discrimination against or termination plother of any "employee", or arising out of other provided that these damages are the employment or personnel decisions con- direct consequence of"bodily injury by cerning the insured. accident" or "bodily injury by disease" g. Failure To Comply With "Workers that arises out of and in the course of Compensation Law" the injured "employee's" employment "Bodily injury by accident" or "bodily injury by you; and by disease" to an "employee" when you 2 Because of "bodil are: y injury by accident" or "bodily injury by disease" to your (1) Deprived of common law defenses; or "employee" that arises out of and in (2) Otherwise subject to penalty; the course of employment, claimed because of your failure to secure your ob- against you in a capacity other than as ligations or other failure to comply with employer. any"workers compensation law". 2. Exclusions h. Violation Of Age Laws Or Employment This insurance does not apply to: Of Minors a. Intentional Injury "Bodily injury by accident" or "bodily injury "Bodily injury by accident" or"bodily injury by disease" suffered or caused by any by disease" intentionally caused or aggra- person: vated by you, or"bodily injury by accident" (1) Knowingly employed by you in viola- or"bodily injury by disease" resulting from tion of any law as to age;or an act which is determined to have been committed by you if it was reasonable to (2) Under the age of 14 years, regardless believe that an injury is substantially cer- any such law. tain to occur. i. Federal Laws b. Fines Or Penalties Any premium, assessment, penalty, fine, assessment, penalty, or fine levied by benefit, liability or other obligation im- Anyre regulatory posed by or granted pursuant to: any g ry inspection agency or au- thority. (1) The Federal Employer's Liability Act (45 USC Section 51-60); (2) The Non-appropriated Fund Instru- mentalities Act (5 USC Sections 8171- 8173); Page 2 of 4 CG 04 42 11 03 ACP GLD03120131907 LB1G 23080 INSURED COPY 37 0000301 CG 04 42 11 03 (3) The Longshore and Harbor Workers' 4. An organization other than a partnership,joint Compensation Act (33 USC Sections venture or limited liability company, you are 910-950); an insured. Your "executive officers" and di- (4) The Outer Continental Shelf Lands Act rectors are insureds, but only with respect to (43 USC Section 1331-1356); their duties as your officers or directors. Your (5) The Defense Base Act (42 USC Sec- stockholders are also insureds, but only with tions 1651-1654); respect to their liability as stockholders. (6) The Federal Coal Mine Health and No person or organization is an insured with Safety Act of 1969Coal (30 USC Sections respect to the conduct of any current or past 901-942); partnership, joint venture or limited liability company that is not shown as a Named In- (7) The Migrant and Seasonal Agricultural sured in the Declarations. Worker Protection Act (29 USC Sec- D. For the purposes of this endorsement, Section tions 1801-1872); III— Limits Of Insurance, is replaced by the fol- (8) Any other workers compensation, lowing: unemployment compensation or dis- 1. The Limits of Insurance shown in the Sched- ability laws or any similar law; or ule of this endorsement and the rules below (9) Any subsequent amendments to the fix the most we will pay regardless of the laws listed above. number of: j. Punitive Damages a. Insureds; Multiple,exemplary or punitive damages. b. Claims made or"suits" brought; or k. Crew Members c. Persons or organizations making claims or "Bodily injury by accident" or "bodily injury bringing "suits". by disease" to a master or member of the 2. The "Bodily Injury By Accident" — Each Acci- crew of any vessel or any member of the dent Limit shown in the Schedule of this en- flying crew of an aircraft. dorsement is the most we will pay for all dam- B. The Supplementary Payments provisions apply ages covered by this insurance because of to Coverage — Stop Gap Employers Liability as "bodily injury by accident" to one or more well as to Coverages A and B. "employees" in any one accident. C. For the purposes of this endorsement, Section II 3. The "Bodily Injury By Disease" — Aggregate —Who Is An Insured, is replaced by the follow- Limit shown in the Schedule of this endorse- ing: ment is the most we will pay for all damages If you are designated in the Declarations as: covered by this insurance and arising out of "bodily injury by disease", regardless of the 1. An individual, you and your spouse are insur- number of "employees" who sustain "bodily eds, but only with respect to the conduct of a injury by disease". business of which you are the sole owner. 2. A partnership or joint venture, you are an 4. Subject to Paragraph D.3. of this endorse- ment, the "Bodily Injury By Disease" — Each insured. Your members, your partners, and "Employee" Limit shown in the Schedule of their spouses are also insureds, but only with this endorsement is the most we will pay for respect to the conduct of your business. all damages because of"bodily injury by dis- 3. A limited liability company, you are an in- ease"to any one"employee". sured. Your members are also insureds, but The limits of the coverage apply separately to only with respect to the conduct of your busi- each consecutive annual period and to any re- ness. Your managers are insureds, but only withmaining period of less than 12 months, starting respect to their duties as your managers. with the beginning of the policy period shown in the Declarations, unless the policy period is ex- tended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. CG 04 42 11 03 Page 3 of 4 ACP GL003120131907 LB1G 23080 INSURED COPY 37 0000302 CG 04 42 11 03 E. For the purposes of this endorsement, Condition d. No insured will, except at that insured's 2. —Duties In The Event Of Occurrence, Claim own cost, voluntarily make a payment, as- Or Suit of the Conditions Section IV is deleted sume any obligation, or incur any ex- and replaced by the following: pense, other than for first aid, without our 2. Duties In The Event Of Injury,Claim Or consent. Suit F. For the purposes of this endorsement, Paragraph a. You must see to it that we or our agent 4. of the Definitions Section is replaced by the are notified as soon as practicable of a following: "bodily injury by accident" or "bodily injury 4. "Coverage territory"means: by disease" which may result in a claim. a. The United States of America (including To the extent possible, notice should in- its territories and possessions), Puerto clude. Rico and Canada; (1) How, when and where the "bodily b. International waters or airspace, but only if injury by accident" or "bodily injury by the injury or damage occurs in the course disease"took place; of travel or transportation between any (2) The names and addresses of any places included in a.above; or injured persons and witnesses; and c. All other parts of the world if the injury or (3) The nature and location of any injury. damage arises out of the activities of a b. If a claim is made or "suit" is brought person whose home is in the territory de- against any insured,you must: scribed in a. above, but who is away for a (1) Immediately record the specifics of the short time on your business; claim or "suit" and the date received; provided the insured's responsibility to pay and damages is determined in the United States (2) Notify us as soon as practicable. (including its territories and possessions), Puerto Rico, or Canada, in a suit on the mer- You must see to it that we receive written its according to the substantive law in such notice of the claim or "suit" as soon as territory, or in a settlement we agree to. practicable. G. The following are added to the Definitions Sec- c. You and any other involved insured must: tion: (1) Immediately send us copies of any 1. "Workers Compensation Law" means the demands, notices, summonses or legal Workers Compensation Law and any Occu- papers received in connection with the pational Disease Law of Washington. This injury, claim, proceeding or"suit"; does not include provisions of any law provid- (2) Authorize us to obtain records and ing non-occupational disability benefits. other information; 2. "Bodily injury by accident" means bodily in- (3) Cooperate with us and assist us, as we jury, sickness or disease sustained by a per- may request, in the investigation or son, including death, resulting from an acci- settlement of the claim or defense dent. A disease is not "bodily injury by acci- against the"suit"; dent" unless it results directly from "bodily in- (4) Assist us, upon our request, in the jury by accident". enforcement of any right against any 3. "Bodily injury by disease" means a disease person or organization which may be sustained by a person, including death. "Bod- liable to the insured because of injury ily injury by disease" does not include a dis- to which this insurance may also apply; ease that results directly from an accident. and H. For the purposes of this endorsement, the defini- (5) Do nothing after an injury occurs that tion of"bodily injury"does not apply. would interfere with our right to recover from others. All terms and conditions of this policy apply unless modified by this endorsement. Page 4 of 4 © ISO Properties, Inc.,2003 CG 04 42 11 03 ACP GLD03120131907 LB1G 23080 INSURED COPY 37 0000303 Bond No.: 100763948 Premium:$1,271.00 CONTRACT BOND BOND TO CITY OF YAKIMA KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Yakima,Washington has awarded to Gilbert Patterson Concretetlnc.(Contractor)hereinafter designatedas the"Principal" a contract for the construction of the project designated ltilead.Avenue&27tttAvi cements..Cityot.Yakima ola lo,2618 all as hereto attached and made a part hereof and whereas,said principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE, we, the principal, and American Contractors Indemnity Company (surety), a corporation, organized and existing under and by virtue of the laws of the State of California ,duly authorized to do business in the State of Washington, as surety, are jointly and severally held and firmly hound unto the City of Yakima, Washington, in the sum of S 41,672.00 ""Forty One Thousand Six Hundred Seventy Two and 00/100""Dollars (Total Contract Amount) lawful money of the United States, for the payment of which sum well and truly to be made. we bind ourselves, our heirs,executors, administrators,successors and assigns,jointly and severally,firmly by those presents. THE CONDITIONS OF THIS OBLIGATIONS IS SUCH,that if the above bonded principal shalt faithfully perform all of the provisions of said contract in the manner and within the time therein set forth,or within such extensions of time as may be granted under said contract,and shall pay all laborers,mechanics, sub-contractors and material men, and all persons who shall supply said principal or sub-contractors with provisions and supplies for the carrying on of said work, and shall hold said City of Yakima. Washington,their employees, agents,and elected or appointed officials,harmless from any damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal, or any sub-contractor in the performance of said work and shall indemnify and hold the City of Yakima,Washington.its employees, agents, and elected or appointed officials, harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects developing in the material or workmanship provided or performed under said contract.within a period of one year after its acceptance by the City of Yakima,Washington,then and in that event this obligation shall be void;but otherwise it shall be and remain in full force and effect. This obligation is entered into in pursuance of the statutes of the State of Washington,and the Ordinances of the City of Yakima,Washington. IN WITNESS WHEREOF,the said principal and the said surety have caused this bond to be signed and sealed by their duly authorized officers this 1st day of August ,2023 . Gilbert Patterson Concrete,Inc. (Principal) Bye ' S' nature) (Print Name) Ap s to form: � k (//kne-1N¶ (rare) (City Attorney) American Contractors Indemnity Company (Surety) -....__—�__�.�_._ By: ,/ (Signa►urc) Alexis Ponce (Print Nome) Attorney-in-Fact ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of LOS ANGELES ) On A U G 01 2023 before me, P. KANEGAWA PEREZ, NOTARY PUBLIC (insert name and title of the officer) personally appeared ALEXIS PONG who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �,,` '�:>^ P. KANEGAWA PEREZ - t WITNESS my hand and official seal. +� Ai COMM. #2303241 z z s Notary Public • California o Los Angeles County _<„,a: `MLComm,Epires Sep.25,202/ Sigi�atUte -:::) /,�,4.�- (Seal) I TOKIOMARINE. HCC POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint, ALEXIS PONG its true and lawful Attorney-in-Fact, with full authority to execute on its behalf bond number 100763948 issued in the course of its business and to bind the Company thereby, in an amount not to exceed One Hundred Thousand and 00/100 ( $100,000.00 ). This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 1st day of September, 2011. "Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." The Attorney-in-Fact named above may be an agent or a broker of the Company.The granting of this Power of Attorney is specific to this bond and does not indicate whether the Attorney-in-Fact is or is not an appointed agent of the Company. IN WITNESS WHEREOF, American Contractors Indemnilcompany has caused its seal to be affixed hereto and executed by its President on this 18th day of April,2022. �o�PAcro•Rs;4o; AMERICAN CONT CTORS INDEMNITY COMPANY U � ' It'1✓'F� vr�CRVCRA1tJ z • By' SnP-2 1990 V.I. o Ada S. Pessin, President 'CAC IFORN`A`` A Notary Public or other officer completing this certificateligeesonly the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On this 18th day of April,2022,before me,Sonia O.Carrejo,a notary public,personally appeared Adam S. Pessin, President of American Contractors Indemnity Company,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of CALIFORNIA that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SONIA0.CARRJC = Notary Public-Ca'ifornia ( _ Los ongeles County • Commission k 2398710 IV Signature 1+t01 `l# �' (seal) My Comm.Wires Aix 23.2026 I, Kio Lo,Assistant Secretary of American Contractors Indemnity Company,do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 1st day of August , 2023 ,�PAcroRs" a Bond No. 100763948 �z'_ _ 4ra =L' INCCRPOAATEL = Kio La,AssistaNT ecreta Agency No. 14502 u, aEPT 25.199C ry Visit tmhcc.com/surety for more informatiori44,,;,,i,,,„,,," HCCSOZZPOAACIC07/2023