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HomeMy WebLinkAboutR-2023-126 Resolution authorizing an agreement with Industrial Construction of Washington, LLC. for Project SW2661 DID #29 Stormwater Improvements and Spot Repairs RESOLUTION NO. R-2023-126 A RESOLUTION authorizing an agreement with Industrial Construction of Washington, LLC for Project SW2661 DID#29 Improvements and Spot Repairs. WHEREAS, the City of Yakima owns, operates, and maintains the Stormwater Collection System in accordance with applicable Federal, State and Local regulations; and WHEREAS, a portion of the stormwater conveyance infrastructure comprising a section of DID #29 pipe in the vicinity of West Lincoln and North 35th Avenues needs improvements; and WHEREAS, under City Contract No. 2020-124, the City entered into an agreement with HLA Engineering and Land Surveying, Inc. to prepare the plans and contract documents for the realignment of DID #29 stormwater pipe and the installation of storm drain collection and conveyance infrastructure to construct a more effective method of stormwater capture and conveyance; and WHEREAS, the City of Yakima Stormwater Division requires construction services for the stormwater system improvements; and WHEREAS, the City of Yakima used the procedure established by the State of Washington for competitively bidding projects; and WHEREAS, Industrial Construction of Washington, LLC. submitted the low bid and has the ability to perform the contract specified work; and WHEREAS, the City Council finds that it is in the best interest of the City of Yakima and its residents to enter into a contract with Industrial Construction of Washington, LLC. to provide construction services outlined in the contract; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the attached contract with Industrial Construction of Washington, LLC., in the amount of Two Hundred Forty-Three Thousand Nine Hundred and Fifty-Five Dollars and Twenty-Two Cents ($243,955.22) to provide the construction services outlined in the contract. ADOPTED BY THE CITY COUNCIL this 19th day of September, 2023. ATTEST: anice Deccio, ayor r ri'. n ��1 ► S ,Pal' r Rosalinda Ibarra, City Cler CONTRACT THIS AGREEMENT, made and entered in triplicate, this r41) day of , 20,- }, by and between the City of Yakima hereinafter called the Owner, and Industrial Construction of Washington, LLC a Washington Corporation, hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: I. The Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID AMOUNT OF: $ 243,955.22 , for DID #29 Stormwater Improvements and Spot Repairs, CITY OF YAKIMA PROJECT NO. SW2661, all in accordance with, and as described in the attached plans and 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. Contract time shall begin on the first working day following the Notice to Proceed Date and shall be completed in Twenty (20) working days. If work has not commenced within the ten (10) days after the notice to proceed, the first chargeable working day shall be the eleventh (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 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. 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 Contract or the acts, failures to act, errors or omissions of the Contractor, or any of Contractor's agents or subcontractors, in performance of this Contract, 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. G:\PROJECTS\2022\22175E\Spec\22175 Spec docx IN WITNESS, WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein above written. Countersigned: CITY OFYAKIMA CONTRACTOR this s day of CJL_ 200 Industrial Construction of Washington,LLC Corporation ''`�� Contractor Al 1 ' -� By: Attest. City Manager ,(PKlM. ' Andy Pet / / �i •_ • II (Print Name) •SEAL • ` , City CI rx President 1: i i1 1G "*�' Ilk (President,Owner,etc.) .4%�SNING: - Address: 84609 N.Yakima River Drive „,-- West Richland, WA. 99353 CITY CONTRACT NI2fit(.✓ RESOLUTION NO: G\PROJECTS\2022\22175E\Spec\22175 Spec.docx 4-2 CERTIFICATIONS CITY OF YAKIMA DID#29 STORMWATER IMPROVEMENTS AND SPOT REPAIRS CITY OF YAKIMA PROJECT NO. SW2661 HLA PROJECT NO. 22175 Provide the following: Andy Peters Name of Traffic Control Manager(TCM) (Must be an employee of the Contractor) Phone: 509-378-7626 Email: Apeters.icw@gmail.com Daniel M. Cummins Name of Certified Traffic Control Supervisor(TCS) (Provide copy of certificate) Phone: 509-750-5700 Email: nealsflaggingservice@yahoo.com Katherine Riley Name of Mandatory Alternate Certified Traffic Control Supervisor(TCS) (Provide copy of certificate) Phone: 509-750-5700 Email: nealsflaggingservice@yahoo.com Steve Baer Name of Certified Testing Laboratory for material testing Phone: 509-469-3068 Email: sbaer@baertesting.com G\PROJECTS\2022\22175E\Spec\22175 Spec.tlocx 4-3 Bond No. 253100V CONTRACT BOND CITY OF YAKIMA DID#29 STORMWATER IMPROVEMENTS AND SPOT REPAIRS CITY OF YAKIMA PROJECT NO. SW2661 HLA PROJECT NO. 22175 BOND TO CITY OF YAKIMA KNOW ALL PERSONS BY THESE PRESENTS: That we,the undersigned, Industrial Construction of Washington, LLC as principal, and Westfield Insurance Company a corporation organized and existing under the laws of the State of Ohio , as a Surety corporation, and qualified under the laws of the State of Washington to become Surety upon bonds of contractors with municipal corporations, as Surety, are jointly and severally held and firmly bound to the City of Yakima in the penal sum of$ 243.955.22 for the payment of which sum we bind ourselves and our successors, heirs, administrators,or personal representatives,as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington and the Ordinances of the City of Yakima. Dated at Richland ,Washington,this 25th day of August ,2023. Nevertheless,the conditions of the above obligation are such that: WHEREAS, under and pursuant to action of the City of Yakima, on &Q -ce,vx - a , 2023, the City Manager of said City of Yakima, has let or is about to let to the said Industrial Construction of Washington, LLC , the above bounden Principal, a certain Contract, the said Contract being numbered HLA PROJECT NO. 22175, and providing for the construction of DID #29 STORMWATER IMPROVEMENTS AND SPOT REPAIRS which Contract is referred to herein and is made a part hereof as though attached hereto, and WHEREAS, the said Principal has accepted, or is about to accept,the said Contract, and undertake to perform the work therein provided for in the manner and within the time set forth; NOW, THEREFORE, if the said Industrial Construction of Washington LLC shall faithfully perform all 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 industrial insurance premiums, and all persons who shall supply said principal or subcontractors with provisions and supplies for the carrying on of said work, and shall indemnify and hold the City of Yakima harmless from any damage or expense by reason of failure of performance as specified in said Contract or from defects appearing or developing in the material or workmanship provided or performed under said Contract within a period of one year after its acceptance thereof by the City of Yakima, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. G\PROJECTS\2022\22175E\Spec\22175 Spec docx 4-4 CITY OF YAKIMA DID#29 STORMWATER IMPROVEMENTS AND SPOT REPAIRS CITY OF YAKIMA PROJECT NO. SW2661 HLA PROJECT NO. 22175 SURETY: estfield„ su - • •- CONTRACTOR: imge / Industrial Construction of Washington, LLC r %',Forney-IIt) ' CONTRACTOR AME Nacre: ' 0:- Pere By: (Please 'rintor e) AUTH ED OFFICIAL'S SI TURE Agent: Name: 011 Pe (Please Print or Type) Address: 390 Bradley Blvd Richland WA 99352 Surety Representative Name: Michael Button Surety Representative Phone: 509-946-6161 Surety Representative Email: Mbutton@paynewest.com Approved as to Form: Ci Attorney G\PROJECTS\2022\22175E\Spec\22175 Spec.docx 4-5 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER#AND ISSUED PRIOR TO 10/21/20, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 4670042 03 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a 'Company" and collectively as "Companies,' duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make,constitute and appoint MICHAEL R. BUTTON,CHERYL MOORE,APRIL MORGAN, YESICA PEREZ,JOINTLY OR SEVERALLY of RICHLAND and State of WAits true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE,OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved,that the President,any Senior Executive,any Secretary or any Fidelity& Surety Operations Executive or other Executive 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: The 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 of indemnity and other conditional or obligatory undertakings 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 as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved,that the signature of any such designated person and the 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 signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8,2000). In Witness Whereof,WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 21st day of OCTOBER A.D.,2020 . Y,y...••••••..._ ,,,.,.,.,,, Corporate •. � ..,: ••'•'•••• WESTFIELD INSURANCE COMPANY Seals ,�. { ,'a, ...:.Sc.;,.., , t7' � ' � WESTFIELD NATIONAL INSURANCE COMPANY Affixed v moo •\ps o: '•ii°; e — r- - OHIO FARMERS INSURANCE COMPANY -t ar irii li SEAL 9C)I. rCN�RTERt'p a ; State of Ohio """' By: k County of Medina ss.: Gary W. tumper, Nationa, Surety Leader and Senior Executive On this 21st day of OCTOBER A.D.,2020 , before me personally came Gary W. Stumper to me known,who, being by me duly sworn, did depose and say, that he resides in Hartford, CT; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY,the companies described in and which executed the above instrument;that he knows the seals of said Companies;that the seals affixed to said instrument are such corporate seals;that they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order. Notarial ,a5 .....w,,,,M /� Seal P\A L( -? \ a&A. t' • State of Ohio � ) ,� o David A. Kotnik,Attorney at Law, Notary Public County of Medina ss.: y .ram; My Commission Does Not Expire(Sec. 147.03 Ohio Revised Code) I,Frank A.Carrino, Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect;and furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 25th day of August A.D., 2023. �aS YR.ta"' ..•; N�nFlI,', INS ti �f�s x= 40 , 1. • :vim=; ' MITE �' t €r•' ►7 fat. i t N SEAL = :7:: � �i�-o.�/�.�,t l m_ ' .Secretary'`•.....r ! •' 31 '•• Frank A. Camino, Secretary 4 BPOAC2 (combined) (06-02) INDUCON-02 AMORGAN ACORO DATE(MM/DD/YYYY) `� CERTIFICATE OF LIABILITY INSURANCE 8I25/2023 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 April Morgan Richland Office PHONE 5nn 946-2172 FAX PayneWest Insurance,a Marsh McLennan Agency LLC Company IA/C,No,Ext) ( ) (A/C,No) 390 Bradley Blvd. ADDRESS'amorgan@paynewest.com Richland,WA 99352 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Western National Assurance Company 24465 INSURED INSURER B:Western National Mutual Insurance Co 15377 Industrial Construction Of Washington LLC INSURER C. 84609 N Yakima River Rd INSURER D. West Richland,WA 99353 INSURER E 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 NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MMIDD/YYYY) (MM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X CPP 1260452 02 3/15/2023 3/15/2024 pREM SES Ea oNc r ante) $ 1,000,000 x WA Stop Gap Attached MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY X Fla: LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER $ COMBINED SINGLE LIMIT 1,000,000 B AUTOMOBILE LIABILITY (Ea accident) X ANY AUTO X CPP 1257605 02 3/15/2023 3/15/2024 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE X UMB 1044056 02 3/15/2023 3/15/2024 AGGREGATE $ 2,000,000 DED X RETENTION$ 10,000 Personal&Adve $ 2,000,000 WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY Y/N STATUTEH ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED'? N/A (Mandatory in NH) E L DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) #SW2661 DID#29 Stormwater Improvements WHEN REQUIRED BY WRITTEN CONTRACT AND PER ATTACHED FORMS: (CGL)Form CG0442 11/03 Stop Gap-Employers Liability-WA (CGL)Form CGMU0009 06/22 Commercial General Liability Enhancement IV/D.Waiver of Subrogation (CGL)Form WNGL139 06/18 Additional Insured 1.Additional Insured—Operations 2.Additional Insured—Completed Operations 3.Primary and Noncontributory (AUT)Form WNCA80 06/19 Business Auto Enhancement:II/B.Blanket Additional Insured IV/E.Primary and Noncontributory IV/B.Blanket Waiver of SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Yakima THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 129 North Second Street Yakima,WA 98901 AUTHORIZED REPRESENTATIVE// *LL bize ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:INDUCON-02 AMORGAN LOC#: 1 ACORO ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Richland Office !Industrial Construction Of Washington LLC 84609 N Yakima River Rd POLICY NUMBER West Richland,WA 99353 SEE PAGE 1 Benton CARRIER NAIC CODE 1, SEE PAGE 1 ISEE P 1 EFFECTIVE DATE SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsNehicles: Subrogation (UMB)Follows Form ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 $ i ,0 0 0,o 0 o Each Accident Bodily Injury by Disease $ i ,0 0 0,0 0 o Aggregate Limit Bodily Injury by Disease $ i ,0 0 0,0 0 o Each Employee (If no entry appears above,the information required to complete this endorsement will be shown in the Decla- rations as applicable to this endorsement.) A. The following is added to Section I - Cover- covered unless explicitly provided for ages: under Supplementary Payments. COVERAGE - STOP GAP - EMPLOYERS b. This insurance applies to "bodily in- LIABILITY jury by accident" or "bodily injury by 1. Insuring Agreement disease"only if: (1) The: a. We will pay those sums that the in- sured becomes legally obligated by (a) "Bodily injury by accident" Washington Law to pay as damages or "bodily injury by disease" because of "bodily injury by acci- takes place in the "cover- dent" or "bodily injury by disease" to age territory"; your "employee" to which this insur- ance applies. We will have the right (b) "Bodily injury by accident" and duty to defend the insured or "bodily injury by disease" against any "suit" seeking those arises out of and in the damages. However, we will have no course of the injured "em- duty to defend the insured against ployee's" employment by any "suit" seeking damages to which you; and this insurance does not apply. We (c) "Employee", at the time of may, at our discretion, investigate the injury, was covered un- any accident and settle any claim or der a worker's compensa- "suit"that may result. But: tion policy and subject to a (1) The amount we will pay for "workers compensation damages is limited as described law" of Washington; and in Section III - Limits of Insur- (2) The: ance; and " oilyaccident" is (2) Our right and duty to defend end (a) causedlbyjry anby accident that when we have used up the ap- occurs during the policy pe- plicable limit of insurance in the riod; or payment of judgments or set- tlements under this coverage. (b) "Bodily injury by disease" is or liabilityto paycaused by or aggravated by No other obligation conditions of employment sums or perform acts or services is by you and the injured "em- CG 04 42 11 03 © ISO Properties, Inc., 2003 Page 1 of 4 ployee's" last day of last c. Statutory Obligations exposure to the conditions causing or aggravating Any obligation of the insured under a such "bodily injury by dis- workers' compensation, disability ease" occurs during the benefits or unemployment compen- policy period. sation law or any similar law. c. The damages we will pay, where re- d. Contractual Liability covery is permitted by law, include damages: Liability assumed by you under any contract or agreement. (1) For: e. Violation of Law (a) Which you are liable to a "Bodily injury by accident" or "bodily third party by reason of a injury by disease" suffered or caused claim or suit" against you by any employee while employed in by that third party to recover violation of law with your actual the damages claimed knowledge or the actual knowledge against such third party as of any of your "executive officers". a result of injury to your "employee"; f. Termination, Coercion or Dis- (b) Care and loss of services; crimination and Damages arising out of coercion, criticism, demotion, evaluation, reas- (c) Consequential "bodily injury signment, discipline, defamation, by accident" or "bodily injury harassment, humiliation, discrimina- by disease" to a spouse, tion against or termination of any child, parent, brother or "employee", or arising out of other sister of the injured "em- employment or personnel decisions ployee"; concerning the insured. provided that these damages g. Failure to Comply with "Workers are the direct consequence of "bodily injury by accident" or Compensation Law" "bodily injury by disease" that "Bodily injury by accident" or "bodily arises out of and in the course injury by disease" to an "employee" of the injured "employee's" em- when you are: ployment by you; and (1) Deprived of common law de- (2) Because of "bodily injury by ac- fenses; or cident" or "bodily injury by dis (2) Otherwise subjectpenalty; ease" to your "employee" that to enalt arises out of and in the course because of your failure to secure of employment, claimed against your obligations or other failure to you in a capacity other than as comply with any "workers compen- employer. sation law". 2. Exclusions h. Violation of Age Laws or Employ- This insurance does not apply to: ment of Minors a. Intentional Injury "Bodily injury by accident" or "bodily injury by disease" suffered or caused "Bodily injury by accident" or "bodily by any person: injury by disease" intentionally caused or aggravated by you, or (1) Knowingly employed by you in "bodily injury by accident" or "bodily violation of any law as to age; or injury by disease" resulting from an act which is determined to have (2) Under the age of 14 years, re been committed by you if it was gardless of any such law. rea- sonable to believe that an injury is i. Federal Laws substantially certain to occur. Any premium, assessment, penalty, b. Fines or Penalties fine, benefit, liability or other obliga- Any assessment, penalty, or fine tion imposed by or granted pursuant to: levied by any regulatory inspection agency or authority. CG 04 42 11 03 ) ISO Properties, Inc., 2003 Page 2 of 4 (1) The Federal Employer's Liability your business. Your managers are in- Act(45 USC Section 51-60); sureds, but only with respect to their du- (2) The Non-appropriated Fund In- ties as your managers. strumentalities Act (5 USC Sec- 4. An organization other than a partnership, tions 8171-8173); joint venture or limited liability company, you are an insured. Your "executive offi- (3) The Longshore and Harbor cers" and directors are insureds, but only Workers' Compensation Act (33 with respect to their duties as your offi- USC Sections 910-950); cers or directors. Your stockholders are (4) The Outer Continental Shelf also insureds, but only with respect to Lands Act (43 USC Section their liability as stockholders. 1331-1356); No person or organization is an insured (5) The Defense Base Act (42 USC with respect to the conduct of any current Sections 1651-1654); or past partnership, joint venture or lim- ited liability company that is not shown as (6) The Federal Coal Mine Health a Named Insured in the Declarations. and Safety Act of 1969 (30 USC Sections 901-942); D. For the purposes of this endorsement, Sec- tion Ill - Limits of Insurance, is replaced by (7) The Migrant and Seasonal Agri- the following: cultural Worker Protection Act (29 USC Sections 1801-1872); 1. The Limits of Insurance shown in the Schedule of this endorsement and the (8) Any other workers compensa- rules below fix the most we will pay re- tion, unemployment compensa- gardless of the number of: tion or disability laws or any similar law; or a. Insureds; (9) Any subsequent amendments to b. Claims made or "suits" brought; or the laws listed above. c. Persons or organizations making j. Punitive Damages claims or bringing "suits". Multiple, exemplary or punitive dam- 2. The "Bodily Injury by Accident" - Each ages. Accident Limit shown in the Schedule of this endorsement is the most we will pay k. Crew Members for all damages covered by this insurance "Bodily injurybyaccident" or "bodily because of "bodily injury by accident" to y y one or more "employees" in any one ac- injury by disease" to a master or cident. member of the crew of any vessel or any member of the flying crew of an 3. The "Bodily Injury by Disease" - Aggre- aircraft. gate Limit shown in the Schedule of this B. The Supplementary Paymentsprovisions endorsement is the most we will pay for pP y Y all damages covered by this insurance apply to Coverage - Stop Gap Employers Li- and arising out of "bodily injury by dis- ability as well as to Coverages A and B. ease", regardless of the number of "em- C. For the purposes of this endorsement, Sec- ployees" who sustain "bodily injury by tion II-Who is an Insured, is replaced by the disease". following: 4. Subject to Paragraph D.3. of this en- If you are designated in the Declarations as: dorsement, the "Bodily Injury by Disease" - Each "Employee" Limit shown in the 1. An individual, you and your spouse are Schedule of this endorsement is the most insureds, but only with respect to the we will pay for all damages because of conduct of a business of which you are "bodily injury by disease" to any one the sole owner. "employee". 2. A partnership or joint venture, you are an The limits of the coverage apply separately to insured. Your members, your partners, each consecutive annual period and to any and their spouses are also insureds, but remaining period of less than 12 months, only with respect to the conduct of your starting with the beginning of the policy period business. shown in the Declarations, unless the policy period is extended after issuance for an addi- 3. A limited liability company, you are an in- tional period of less than 12 months. In that sured. Your members are also insureds, case, the additional period will be deemed but only with respect to the conduct of CG 04 42 11 03 © ISO Properties, Inc., 2003 Page 3 of 4 part of the last preceding period for purposes (5) Do nothing after an injury occurs of determining the Limits of Insurance. that would interfere with our right E. For the purposes of this endorsement, Condi- tionto recover from others. 2. - Duties in the Event of Occurrence, d. No insured will, except at that in- Claim or Suit of the Conditions Section IV is sured's own cost, voluntarily make a deleted and replaced by the following: payment, assume any obligation, or incur any expense, other than for 2. Duties in the Event of Injury, Claim or first aid,without our consent. Suit F. For the purposes of this endorsement, Para- a. You must see to it that we or our graph 4. of the Definitions Section is re- agent are notified as soon as practi- placed by the following: cable of a "bodily injury by accident" or "bodily injury by disease" which 4. "Coverage territory" means: may result in a claim. To the extent possible, notice should include: a. The United States of America (in- cluding its territories and posses- (1) How, when and where the "bod- sions), Puerto Rico and Canada; ily injury by accident" or "bodily injury by disease" took place; b. International waters or airspace, but only if the injury or damage occurs in (2) The names and addresses of the course of travel or transportation any injured persons and wit- between any places included in a. nesses; and above; or (3) The nature and location of any c. All other parts of the world if the in- injury. jury or damage arises out of the ac- tivities of a person whose home is in b. If a claim is made or "suit" is brought the territory described in a. above, against any insured, you must: but who is away for a short time on (1) Immediately record the specifics your business; of the claim or "suit" and the provided the insured's responsibility to date received; and pay damages is determined in the United (2) Notify us as soon as practicable. States (including its territories and pos- sessions), Puerto Rico, or Canada, in a You must see to it that we receive suit on the merits according to the sub- written notice of the claim or "suit" as stantive law in such territory, or in a set- soon as practicable. tlement we agree to. c. You and any other involved insured G. The following are added to the Definitions must: Section: (1) Immediately send us copies of 1. "Workers Compensation Law" means the any demands, notices, sum- Workers Compensation Law and any Oc- monses or legal papers re- cupational Disease Law of Washington. ceived in connection with the This does not include provisions of any injury, claim, proceeding or law providing non-occupational disability "suit"; benefits. (2) Authorize us to obtain records 2. "Bodily injury by accident" means bodily and other information; injury, sickness or disease sustained by a (3) Cooperate with us and assist us, person, including death, resulting from an accident. A disease is not "bodily injury as we may request, in the inves- by accident" unless it results directly from tigation or settlement of the "bodily injury by accident". claim or defense against the "suit"; 3. "Bodily injury by disease" means a dis- ease sustained by a person, including (4) Assist us, upon our request, in death. "Bodily injury by disease" does the enforcement of any right not include a disease that results directly against any person or organiza- from an accident. tion which may be liable to the insured because of injury to H. For the purposes of this endorsement, the which this insurance may also definition of"bodily injury" does not apply. apply; and CG 04 42 11 03 © ISO Properties, Inc., 2003 Page 4 of 4 COMMERICAL GENERAL LIABILITY CG MU 0009 06 22 COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Bodily Injury And Property Damage Liability • Non Owned Watercraft Up To 50 Feet 2 Property Damage Liability • Elevators 3 • Fire, Lightning, Explosion Or Sprinkler Leakage Exception 3 • Borrowed Equipment ($25,000 Per Occurrence, $50,000 Aggregate, $2,500 Deductible Per Occurrence 3 Supplementary Payments—Amended • Bail Bonds Up To $5,000 3 • Loss of Earnings Up To $500/Day 3 Who Is An Insured Amendments • Employee Bodily Injury To A Co-Employee 4 • Newly Formed Or Acquired Organizations For Up To 180 Days 4 • Blanket Additional Insured—Vendors—As Required By Contract 4 • Blanket Additional Insured—Lessor Of Leased Equipment 6 • Blanket Additional Insured— Managers Or Lessors Of Premises 6 • Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision— Permits Or Authorizations 7 • Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision— Permits Or Authorizations Relating To Premises 8 Damage To Premises Rented To You — $300,000 9 Medical Payments Increased Limit — $10,000 Or Amount Shown on Declarations 9 Conditions • Knowledge of Occurrence, Offense, Claim Or Suit Amended 9 • Unintentional Failure To Disclose Hazards 9 • Waiver of Subrogation 10 Insured Contract Amended 10 Personal And Advertising Injury Redefined • Televised, Videotaped Or Electronic Publication 10 CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 10 COMMERCIAL GENERAL LIABILITY CG MU 0009 06 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. SECTION I—COVERAGES AMENDMENTS COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY A. Non Owned Aircraft Or Watercraft Item 2. Exclusions, Paragraph g. is replaced by the following: g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and"loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the super- vision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or"property damage" involved in the ownership, maintenance, use or entrustment to others of any aircraft, "auto"or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 50 feet long; and (b) Not being used to carry persons or property for a charge; This Subparagraph (2) applies to any person, who with your expressed or implied consent, either uses or is responsible for the use of the watercraft; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any"insured contract" for the ownership, maintenance or use of aircraft or watercraft, or (5) "Bodily injury"or"property damage"arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of"mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f. (2) or f. (3) of the definition of "mobile equipment". CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 10 B. Damage To Property Coverage Extensions Item 2. Exclusions, Paragraph j. is replaced by the following: j. Damage To Property "Property damage"to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the"property damage"arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the"property damage"arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage"(other than damage by fire, lightning, explosion or sprinkler leakage) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III — LIMITS OF INSURANCE. However, the provisions of this paragraph do not apply if coverage for Damage To Premises Rented To You is excluded by endorsement. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs(3) and (4) of this exclusion do not apply to the use of elevators. Paragraphs(3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (4) of this exclusion does not apply to "property damage"to borrowed equipment while not being used to perform operations at the jobsite. Subject to Paragraph 2. of SECTION III—LIMITS OF INSURANCE, the rules below fix the most we will pay for"property damage"under this provision: (1) $25,000 any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that"occurrence"; (2) $50,000 annual aggregate; and (3) We will pay only for damages in excess of$2,500 as a result of any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that"occurrence". We may, or if required by law, pay all or any part of any deductible amount, if applicable, to effect settlement of any claim or"suit". Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products-completed operations hazard". The insurance provided for "property damage" from the use of elevators and for "property damage" to borrowed equipment is excess over any other valid and collectible property insurance (including any deductible portion thereof) available to the insured whether primary, excess, contingent or on any other basis. C. Damage To Premises Rented To You Item 2. Exclusions,the last paragraph is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Paragraph 6. of SECTION III—LIMITS OF INSURANCE. CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 10 COVERAGE B—PERSONAL AND ADVERTISING INJURY LIABILITY D. Personal And Advertising Injury Item 2. Exclusions is amended by replacing Sub-paragraphs b. and c. with the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication, in any manner, of material whose first publication took place before the beginning of the policy period. SUPPLEMENTARY PAYMENTS—COVERAGES A AND B E. Supplementary Payments—Coverages A and B Item 1. is amended by replacing Subparagraphs b. and d.with the following: b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to $500 a day because of time off from work. SECTION II—WHO IS AN INSURED AMENDMENTS A. Employee Bodily Injury To A Co-Employee Paragraph 2. a. (1) is replaced by the following: However, none of these "employees" or "volunteer workers" are insureds for "bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other"volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of the co-"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (b)above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if a suit seeking damages for "bodily injury" or "personal and advertising injury" to any co"employee" or other"volunteer worker" arising out of and in the course of the co-"employee's" or"volunteer worker's" employment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of the co-"employee" or other "volunteer worker", is brought against you or a co-"employee" or a "volunteer worker', we will reimburse the reasonable costs that you incur in providing a defense to the co-"employee" or"volunteer worker" against such matters. Any reimbursement made pursuant to this sub-section will be in addition to the limits of liability set forth in the Declarations. B. Newly Acquired Organizations Paragraph 3. a. is replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 10 The following are added: C. Blanket Additional Insured—Vendors—As Required By Contract 1. Section II —Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) (referred to throughout this endorsement as vendor) with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, but only with respect to "bodily injury" or"property damage"arising out of"your products"which are distributed or sold in the regular course of the vendor's business. However, a. The insurance afforded to such vendor only applies to the extent permitted by law; and b. If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. 2. With respect to the insurance afforded to these vendors,the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (4) or(6); or (iii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 3. This Provision C. does not apply: a. To any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products; b. To any vendor for which coverage as an additional insured specifically is scheduled by endorsement; or c. When liability included within the "products-completed operations hazard" has been excluded for such product either by the provisions of the coverage part or by endorsement. 4. With respect to the insurance afforded to these vendors, the following is added to Section III — Limits Of Insurance: If coverage provided to the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 10 whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 5. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor D. Blanket Additional Insured—Lessor Of Leased Equipment 1. Section II —Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement, executed prior to loss, that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused by your negligent acts or omissions in the maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. c. Does not apply to any"occurrence"which takes place after the equipment lease expires; A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. 2. With respect to the insurance afforded to the Lessor, the following additional exclusions apply: "Bodily injury" or"property damage" arising out of. (1) The assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the Lessor would have in the absence of the contract or agreement: (2) Any express warranty made by the Lessor; (3) The demonstration, installation, servicing, inspections, adjustments, tests, repair, or maintenance operations by or for the Lessor; (4) The negligence or strict liability of the Lessor for its own acts or omissions or those of its employees or anyone else acting on its behalf; or (5) Any failure on the part of the Lessor to provide information, instructions and/or warnings with respect to the maintenance, use or operation of the equipment. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 10 4. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. E. Blanket Additional Insured—Managers Or Lessors Of Premises 1. Section II —Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you, subject to the following additional exclusions: This insurance does not apply to: a. Any"occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 10 F. Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision—Permits Or Authorizations Section II —Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or"property damage" included within the "products-completed operations hazard". 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 4. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. G. Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision—Permits Or Authorizations Relating To Premises Section II—Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, subject to the following provision: 1. This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or b. The construction, erection or removal of elevators; or CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 10 c. The ownership, maintenance or use of any elevators covered by this insurance. However, a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. SECTION III—LIMITS OF INSURANCE AMENDMENTS A. Damage To Premises Rented To You Paragraph 6. is replaced by the following: 6. Subject to Paragraph 5. above, the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion or sprinkler leakage, while rented to you or temporarily occupied by you with permission of the owner is the greater of: a. $300,000; or b. The amount shown next to the Damage To Premises Rented To You Limit in the Declarations. However, the provisions of this paragraph do not apply if Damage To Premises Rented To You Coverage is excluded by endorsement. B. Medical Expense Limit Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5. above, the most we will pay under Coverage C for all medical expenses because of "bodily injury"sustained by any one person is the greater of: a. $10,000; or b. The amount shown next to the Medical Expense Limit in the Declarations. This insurance does not apply if coverage for Medical Expenses is excluded either by the provisions of the coverage part or by endorsement. CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 10 SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS AMENDMENTS A. Knowledge Of Occurrence Item 2. Duties In The Event Of Occurrence, Offense, Claim or Suit is amended by adding the following: e. You must give us or our authorized representative prompt notice of an "occurrence", claim or loss only when the "occurrence", claim or loss is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; or (4) A member or manager, if you are a limited liability company B. Other Insurance Item 4. Other Insurance, b. Excess Insurance (1) (a) (ii) is replaced by the following: (ii) That is fire, lightning, explosion or sprinkler leakage insurance for premises rented to you or temporarily occupied by you with permission of the owner; C. Unintentional Failure To Disclose Hazards Item 6. Representations is replaced by the following: 6. Representations And Unintentional Failure To Disclose Hazards a. By accepting this policy,you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. D. Waiver of Subrogation Item 8. Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract, executed prior to loss, requiring such waiver with that person or organization and included in the "products-completed operations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. SECTION V—DEFINITIONS AMENDMENTS A. Insured Contract Amended Paragraph 9. a. is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an"insured contract"; B. Personal And Advertising Injury Redefined Paragraph 14. d. and e. are replaced by the following: d. Oral, written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or service; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 10 of 10 COMMERCIAL GENERAL LIABILITY WNGL1390618 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - CONTRACTORS - OPERATIONS AND COMPLETED OPERATIONS - WITH ADDITIONAL INSURED REQUIREMENT IN CONSTRUCTION CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Additional Insured—Operations (2) That portion of "your work" out of which A. Section II —Who Is An Insured is amended the injury or damage arises has been put to include as an additional insured: ganization other than another contractor to its intended use by any person or or- (1) Any person or organization for whom you are performing operations when you and or subcontractor engaged in performing operations for a principal as a part of the such person or organization have agreed same project. in writing in a contract or agreement that such person or organization be added as 2. Additional Insured—Completed Operations an additional insured on your policy; and A. Section II—Who Is An Insured is amended (2) Any other person or organization you are to include as an additional insured: required to add as an additional insured (1) Any person or organization for whom you under the contract or agreement de- are performing operations when you and scribed in Paragraph 1. above. such person or organization have agreed Such person(s) or organization(s) is an add- in writing in a contract or agreement that tional insured only with respect to liability for such person or organization be added as "bodily injury", "property damage" or "per- an additional insured on your policy; and sonal and advertising injury"caused, in (2) Any other person or organization you are whole or in part, by: required to add as an additional insured a. Your acts or omissions; or under the contract or agreement de- b. The acts or omissions of those acting on scribed in Paragraph 1. above. your behalf; Such person(s) or organization(s) is an addi- in the performance of your ongoing opera- tional insured only with respect to liability for tions for the additional insured. "bodily injury", "property damage" or "per- sonal and advertising injury"caused, in whole B. With respect to Additional Insured - Opera- or in part, by: tions, coverage is limited as follows: a. Your acts or omissions; or This insurance does not apply to "bodily in- b. The acts or omissions of those acting on jury" or"property damage" occurring after: your behalf; (1) All work, including materials, parts or and included in the "products-completed op- equipment furnished in connection with erations hazard". such work, on the project(other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or WN GL 139 06 18 Page 1 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. B. With respect to Additional Insured — Corn- D. With respect to the insurance afforded to pleted Operations, coverage is limited as fol- these additional insureds, the following is lows: added to Section III—Limits Of Insurance: (1) A person or organization's status as an in- If coverage provided to the additional insured sured under Additional Insured — Com- is required by a contract or agreement, the pleted Operations continues only for the most we will pay on behalf of the additional period of time required by any written con- insured is: tract or agreement. (1) The minimum amount required by the (2) The insurance provided to the additional contract or agreement; or insured does not apply to "bodily injury", (2) The Limits of Insurance shown in the Dec- "property damage" or "personal and ad- larations, vertising injury" arising out of"your work" for which a consolidated (wrap-up) insur whichever is less. ance program has been provided by the This endorsement shall not increase the ap- prime contractor-project manager or plicable Limits of Insurance shown in the Dec- owner of the construction project in which larations. you are involved. E. With respect to the insurance afforded to 3. Primary and Noncontributory these additional insureds, the following addi- The following is added to the Other Insurance tonal exclusion applies: Condition and supersedes any provision to the This insurance does not apply to: contrary: "Bodily injury", "property damage" or "per- Primary And Noncontributory Insurance sonal and advertising injury"arising out of the This insurance is primary to and will not seek con- rendering of, or the failure to render, any pro- tribution from any other insurance available to an fessional architectural, engineering or survey additional insured under your policy provided that: ing services, including: (1) The additional insured is a Named Insured un- (1) The preparing, approving, or failing to der such other insurance; and prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- (2) You have agreed in writing in a contract or ders, change orders or drawings and agreement that this insurance would be pri- specifications; or mary and would not seek contribution from (2) Supervisory, inspection, architectural or any other insurance available to the additional insured. engineering activities. 4. Other Provisions Applicable to Additional In- This exclusion applies even if the claims sured — Operations and Additional Insured — against an additional insured allege negli Completed Operations gence or other wrongdoing in the supervision, hiring, employment, training or monitoring of A. The Amendment of Insured Contract Defini- others by that insured, if the "occurrence" tion (Endorsement CG 24 26) does not apply which caused the "bodily injury" or "property to an additional insured damage", or the offense which caused the B. The coverage provided under Paragraph f. of "personal and advertising injury", involved the the definition of"insured contract" under Sec- rendering of or failure to render any profes- tion V—Definitions does not apply to an ad- sional services by you with respect to your ditional insured under this endorsement un- providing engineering,architectural or survey- less required by a written contract or ing services in your capacity as an engineer, agreement architect or surveyor. C. The insurance afforded to such additional in- sured only applies to the extent permitted by law; and If coverage provided to the additional insured is required by a contract or agreement, the in- surance afforded to such additional insured will not be broader than that which you are re- quired by the contract or agreement to provide for such additional insured. WN GL 139 06 18 Page 2 of 2 Includes copyrighted material of Insurance Services Office,Inc,with its permission. WNCA800619 BUSINESS AUTO ENHANCEMENT EDGE ENDORSEMENT The Business Auto Enhancement Edge Endorsement is an optional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this summary, refer to the following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Accidental Airbag Deployment Coverage 5 Audio, Visual and Data Electronic Equipment—Limit Amended 5 Auto Loan/Lease Gap Coverage 5 Blanket Additional Insured 3 Blanket Waiver of Subrogation 5 Broadened Definition of Insured includes: • Newly Acquired Organizations for up to 180 Days 2 • Employees as Insureds 2 • Subsidiaries in Which You Own 50% or More 2 Deductible Waiver for Glass Repair 4 Employee Hired Auto 6 Fellow Employee Coverage 3 Hired Auto Physical Damage Coverage 3, 6 Knowledge of Accident, Claim, Suit or Loss 5 Loss Of Use Expenses-Amended 3 Personal Effects 3 Primary and Noncontributory If Required by a Written Contract or Written Agreement 6 Rental Reimbursement Coverage 4 Supplementary Payments-Amended: • Bail Bonds up to$5,000 3 • Loss of Earnings up to $500/Day 3 Temporary Substitute Vehicle Physical Damage 2 Towing 3 Transportation Expense Limits—Amended 3 Unintentional Failure to Disclose Hazards 6 WN CA 80 06 19 Page 1 of 6 Includes copyrighted material of Insurance Services Office,with its permission. WNCA800619 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCEMENT EDGE ENDORSEMENT This endorsement modifies the insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement The SECTIONS of the Business Auto Coverage Form identified in this endorsement will be amended as shown below. SECTION I — COVERED AUTOS COVERAGE e. Any organization which is newly acquired or AMENDMENTS formed by you and over which you maintain A. Temporary Substitute Vehicle Physical Damage majority ownership. However, coverage under SECTION I — COVERED AUTOS, C. Certain this provision: Trailers, Mobile Equipment And Temporary (1) is afforded only for the first 180 days after you Substitute Autos is amended by adding the acquire or form the organization or until the following- end of the policy period, whichever comes If a covered "auto"you own is out of service because first; of its: (2) does not apply to "bodily injury" or "property a. Breakdown, damage" that results from an "accident" that b. Repair; occurred before you formed or acquired the organization; c. Servicing; d. "Loss", or (3) does not apply to any newly acquired or formed organization that is a joint venture or e. Destruction, partnership; and the Physical Damage Coverages provided by the (4) does not apply to an "insured" under any Business Auto Coverage Form for that disabled other automobile liability policy or would be covered "auto"are extended to any"auto" you do not an "insured" under such a policy but for ter- own while used with the permission of its owner as a mination of such policy or the exhaustion of temporary substitute for the covered "auto"that is out such policy's limits of insurance. of service. f. Any "employee" of yours is an "insured" while SECTION II — COVERED AUTOS LIABILITY using a covered "auto" you don't own, hire or COVERAGE AMENDMENTS borrow in your business or your personal affairs. A. Who Is An Insured g. Any "employee" of yours is an "insured" while operating a covered "auto" hired or rented under SECTION II — COVERED AUTOS LIABILITY a contract or agreement in the "employee's" COVERAGE, A. Coverage, 1. Who Is An Insured is name, with while permission,your amended to add: performing duties related to the conduct of your business. d. Any legally incorporated subsidiary of yours in which you own more than 50%of the voting stock on the effective date of this coverage form. However, "insured" does not include any subsidiary of yours that is an "insured" under any other automobile liability policy or would be an "insured" under such policy but for termination of such policy or the exhaustion on such policy's limits of insurance. WN CA 80 06 19 Includes copyrighted material of Insurance Services Office,with its permission Page 2 of 6 B. Blanket Additional Insured SECTION III — PHYSICAL DAMAGE COVERAGE SECTION II — COVERED AUTOS LIABILITY AMENDMENTS COVERAGE, A. Coverage, 1. Who Is An Insured, A. Towing paragraph c. is amended to add the following: SECTION III — PHYSICAL DAMAGE COVERAGE, Any person or organization who is required under a A. Coverage, 2. Towing, is amended by adding the written contract or agreement between you and that following: person or organization, that is signed and executed 2. Towing by you before the"bodily injury"or"property damage" We will pay up to$250 for towing and labor costs occurs and that is in effect during the policy period, to incurred each time a covered "auto" is disabled. be named as an additional insured is an "insured"for However, the labor must be performed at the Liability Coverage, but only for damages to which this place of disablement. This $250 limit is reduced insurance applies and only to the extent that persons by any applicable towing limit shown in the or organization qualifies as an "insured" under the declarations. Who Is An Insured provision contained in Section II. Regardless of the number of disablements, the C. Liability Coverage Extensions — Supplementary maximum amount we will pay under this Payments endorsement for all towing and labor costs SECTION II — COVERED AUTOS LIABILITY combined during any one year is$2,500. COVERAGE, A. Coverage, 2. Coverage B. Transportation Expense—Limits Amended Extensions, a. Supplementary Payments is SECTION III — PHYSICAL DAMAGE COVERAGE, amended by replacing subparagraphs(2)and(4)with A. Coverage, 4. Coverage Extensions, a. Trans- the following: portation Expenses is amended by replacing $20 (2) Up to $5,000 for cost of bail bonds (including per day/$600 maximum limit with $50 per day/$1,000 bonds for related traffic law violations) required maximum. because of an "accident" we cover. We do not have to furnish these bonds. C. Hired Auto Physical Damage — Loss Of Use (4) All reasonable expenses incurred by the"insured" Expenses—Limits Amended at our request, including actual loss of earnings SECTION III — PHYSICAL DAMAGE COVERAGE, up to $500 a day because of time off from work. A. Coverage, 4. Coverage Extensions, b. Loss of Use Expenses is amended by replacing the $20 per D. Fellow Employee Coverage day/$600 maximum limit with $50 per day/$750 SECTION II — COVERED AUTOS LIABILITY maximum limit. COVERAGE, B. Exclusions, 5. Fellow Employee, the following is added: D. Personal Effects Coverage Co-Employee Lawsuit Defense Cost SECTION III — PHYSICAL DAMAGE COVERAGE, Reimbursement A. Coverage, 4. Coverage Extensions is amended by adding the following: If a suit seeking damages for "bodily injury" to any c. Personal Effects fellow "employee" of the "insured" arising out of and in the course of the fellow"employee's" employment We will pay up to $500 for "loss" to personal or while performing duties related to the conduct of effects, which are: your business, or a suit seeking damages brought by (1) Owned by an "insured"; and the spouse, child, parent, brother or sister of that (2) In or on your covered "auto." fellow "employee", is brought against you, we will This coverage applies only in the event of the total reimburse reasonable costs that you incur in the theft of your covered "auto." No deductible applies to defense of such matters. Any reimbursement made this coverage pursuant to this sub-section will be in addition to the limits of liability set forth in the Declarations. WN CA 80 06 19 Includes copyrighted material of Insurance Services Office,with its permission Page 3 of 6 E. Glass Repair—Deductible Waiver G. Rental Reimbursement SECTION III — PHYSICAL DAMAGE COVERAGE, SECTION III—PHYSICAL DAMAGE COVERAGE A. A. Coverage, 3. Glass Breakage — Hitting A Bird Coverage, is amended by adding the following: Or Animal — Falling Objects Or Missiles, is 6. Rental Reimbursement amended by adding the following. This coverage applies only to a covered "auto" of No deductible will apply to glass breakage if such the private passenger or light truck type as glass is repaired, in a manner acceptable to us, rather follows: than replaced. a. We will pay for rental reimbursement F. Hired Auto Physical Damage expenses incurred by you for the rental of a SECTION III — PHYSICAL DAMAGE COVERAGE, private passenger or light truck type "auto" A. Coverage is amended by adding the following: because of "loss" to a covered private pas- s. Hired Auto Physical Damage senger or light truck type "auto". Payment applies in addition to the otherwise applicable If hired "autos" are covered "autos" for Liability amount of each coverage you have on a Coverage and if Comprehensive, Specified covered private passenger or light truck type Causes of Loss, or Collision coverages are pro- "auto." No deductibles apply to this vided under this coverage form for any"auto"you coverage. own, then the Physical Damage Coverages b. We will pay only for those expenses incurred provided are extended to "autos" you hire of like during the policy period beginning 24 hours kind and use, subject to the following: after the "loss" and ending, regardless of the a. The most we will pay for any one "loss" is policy's expiration, with the lesser of the fol- $50,000 or the actual cash value or cost to lowing number of days: repair or replace, whichever is less, minus a (1) The number of days reasonably required deductible; to repair or replace the covered private b. The deductible will be equal to the largest passenger or light truck type "auto". If deductible applicable to any owned"auto"for "loss" is caused by theft, this number of that coverage. Any Comprehensive deducti- days is added to the number of days it ble does not apply to "loss" caused by fire or takes to locate the covered private lightening; passenger or light truck type "auto" and c. Hired Auto Physical Damage coverage is return it to you, or excess over any other collectible insurance; (2) 30 days and c. Our payment is limited to the lesser of the d. Subject to the above limit, deductible and following amounts: excess provisions we will provide coverage (1) Necessary and actual expenses equal to the broadest coverage applicable to incurred, or any covered "auto" you own. If a limit for Hired Auto Physical Damage is (2) $50 per day, up to a maximum of$1,000. indicated in the Declarations, then that limit replaces, and is not added to, the $50,000 limit indicated above. WN CA 80 06 19 Includes copyrighted material of Insurance Services Office,with its permission Page 4 of 6 d. This coverage does not apply while there are (2) Financial penalties imposed under a spare or reserve private passenger or light lease for excessive use, abnormal wear truck type "autos" available to you for your and tear or high mileage; operations. (3) Security deposits not returned by the e. If "loss" results from the total theft of a lessor; covered "auto" of the private passenger or (4) Costs for extended warranties, Credit light truck type, we will pay under this cover- Life Insurance, Health, Accident or age only that amount of your rental reim- Disability Insurance purchased with the bursement expenses which is not already loan or lease; and provided for under SECTION III—PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. (5) Carry-over balances from previous loans Coverage Extensions. or leases. For the purposes of this Rental Reimbursement J. Audio, Visual and Data Electronic Equipment — coverage, light truck is defined as a truck with a Limit Amended gross vehicle weight of 10,000 lbs. or less as SECTION III-PHYSICAL DAMAGE COVERAGE,C. defined by the manufacturer as the maximum Limits of Insurance, 1.b. is amended by replacing loaded weight the auto is designed to carry. the$1,000 limit with a $2,500 limit. H. Accidental Airbag Deployment Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, SECTION IV — BUSINESS AUTO CONDITIONS A. Coverage is amended by adding the following: AMENDMENTS 7. Accidental Airbag Deployment Coverage A. Duties In The Event Of Accident, Claim, Suit Or We will pay to reset or replace factory installed Loss Amended airbag(s) in any covered "auto" for accidental SECTION IV— BUSINESS AUTO CONDITIONS, A. discharge, other than discharge due to a collision Loss Conditions, 2. Duties In The Event Of loss. Accident, Claim, Suit Or Loss, a. is amended by This coverage is applicable only if comprehensive adding the following: coverage applies to the covered "auto". This condition applies only when the "accident" or This coverage is excess over any other collectible "loss" is known to: insurance or reimbursement by manufacturer's (1) You, if you are an individual; warranty. (2) A partner, if you are a partnership; I. Auto Loan/Lease Gap Coverage (3) An executive officer or insurance manager, if you SECTION III PHYSICAL DAMAGE COVERAGE, are a corporation; or Item A., Coverage, is amended by adding the (4) A member or manager, if you are a limited liability following: company. 8. Auto Loan/Lease Gap Coverage But this section does not amend the provisions This coverage applies only to a covered "auto" relating to notification of police, protection or exami- described or designated in the Schedule or in the nation of the property which was subject to the"loss". Declarations as including physical damage B. Blanket Waiver of Subrogation coverage. In the event of a covered total "loss"to a covered Section IV — BUSINESS AUTO CONDITIONS, A. "auto"described or designated in the Schedule or Loss Conditions, 5. Transfer of Rights of inRecovery Against Others to Us, is amended by the Declarations, we will pay any unpaid adding the following exception: amount due on the lease or loan for a covered "auto" less: However, we waive any right of recovery we may a. The amount paid under the Physical Damage have against any person or organization to the extent Coverage Section on the policy; and required of you by a written contract signed and executed prior to any "accident" or "loss", provided b. Any: that the "accident" or "loss" arises out of operations (1) Overdue lease/loan payments at the time contemplated by such contract. The waiver applies of the "loss"; only to the person or organization designated in such contract. WN CA 80 06 19 Includes copyrighted material of Insurance Services Office,with its permission Page 5 of 6 C. Unintentional Failure to Disclose Hazards E. Primary and Noncontributory If Required By SECTION IV— BUSINESS AUTO CONDITIONS, B. Written Contract or Written Agreement General Conditions, 2. Concealment, Misrepre- SECTION IV— BUSINESS AUTO CONDITIONS, B. sentation Or Fraud, is amended by adding the General Conditions, 5. Other Insurance c., the following paragraph. following is added and supersedes any provision to If you unintentionally fail to disclose any hazards the contrary: existing at the inception date of the policy, or during This Coverage Form's Covered Autos Liability the policy period in connection with any additional Coverage is primary to and will not seek contribution hazards, we will not deny coverage under this Coy- from any other insurance available to an "insured" erage Part because of such failure. under your policy provided that: D. Employee Hired Auto (1) Such "insured" is a Named Insured under such SECTION IV— BUSINESS AUTO CONDITIONS, B. other insurance; and General Conditions,5.Other Insurance, paragraph (2) You have agreed in writing in a contract or b. is deleted and replace by the following: agreement that this insurance would be primary b. For Hired Auto Physical Damage Coverage, the and would not seek contribution from any other following are deemed to be a covered "auto" you insurance available to such "insured". • own: (1) Any covered "auto" you lease, hire, rent or borrow. (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any"auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". WN CA 80 06 19 Includes copyrighted material of Insurance Services Office,with its permission Page 6 of 6 1 N'tlN aTtiV BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.F. For Meeting of: September 19, 2023 ITEM TITLE: Resolution authorizing an agreement with Industrial Construction of Washington, LLC. for Project SW2661 DID #29 Stormwater Improvements and Spot Repairs SUBMITTED BY: Scott Schafer, Director of Public Works * Mike Price, Wastewater/Stormwater Manager(509)249-6815 SUMMARY EXPLANATION: City of Yakima (City) Project SW2661 replaces and realigns a segment of deteriorated stormwater drainage pipe in the vicinity of West Lincoln and North 35 Avenues as shown on the attached Project Location Map. The pipe segment is a section of former Drainage Improvement District#29 that is failing to provide adequate stormwater conveyance . The replacement pipe will increase conveyance capacity and will follow an alignment that provides access for routine maintenance and cleaning. The Project also includes the installation of 6 stormwater catch basins, 345 feet of curb and gutter, and surface restoration including paving. The City previously entered into an Agreement with HLA Engineering and Land Surveying, Inc. under City Contract No. 2020-124 to provide engineering design, bidding, and construction services for the DID#29 Improvements. The City utilized the procedure established by the State of Washington for competitively bidding projects. Five contractors submitted bids, with Industrial Construction of Washington, LLC. submitting the lowest bid. The contract is for an amount not to exceed $243,955.22 and is attached for City Council review. The project is funded by Stormwater Capital Fund 442. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. 2 ATTACHMENTS: Description Upload Date Type ❑ Resolution 9/6/2023 Resolution ❑ Contract 2661 9/15/2023 Coeer Memo ❑ Project Location Map 8/30/2023 Backup Matenal 3 RESOLUTION NO. R-2023- A RESOLUTION authorizing an agreement with Industrial Construction of Washington, LLC. for Project SW2661 DID#29 Improvements and Spot Repairs WHEREAS, the City of Yakima owns, operates, and maintains the Stormwater Collection System in accordance with applicable Federal, State and Local regulations; and WHEREAS, a portion of the stormwater conveyance infrastructure comprising a section of DID#29 pipe in the vicinity of West Lincoln and North 35th Avenues needs improvements; and WHEREAS, under City Contract No. 2020-124, the City entered into an agreement with HLA Engineering and Land Surveying, Inc. to prepare the plans and contract documents for the realignment of DID #29 stormwater pipe and the installation of storm drain collection and conveyance infrastructure to construct a more effective method of stormwater capture and conveyance; and WHEREAS, the City of Yakima Stormwater Division requires construction services for the stormwater system improvements; and WHEREAS, the City of Yakima used the procedure established by the State of Washington for competitively bidding projects; and WHEREAS, Industrial Construction of Washington, LLC. submitted the low bid and has the ability to perform the contract specified work; and WHEREAS, the City Council finds that it is in the best interest of the City of Yakima and its residents to enter into a contract with Industrial Construction of Washington, LLC. to provide construction services outlined in the contract.; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the attached contract with Industrial Construction of Washington, LLC., in the amount of Two Hundred Forty-Three Thousand Nine Hundred and Fifty-Five Dollars and Twenty-Two Cents ($243,955.22)to provide the construction services outlined in the contract. ADOPTED BY THE CITY COUNCIL this 19th day of September, 2023. ATTEST: Janice Deccio, Mayor Rosalinda Ibarra, City Clerk 4 CONTRACT THIS AGREEMENT, made and entered in triplicate, this day of , 20_, by and between the City of Yakima hereinafter called the Owner, and Industrial Construction of Washington, LLC a Washington Corporation, hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: I. The Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID AMOUNT OF: $ 243,955.22 , for DID #29 Stormwater Improvements and Spot Repairs, CITY OF YAKIMA PROJECT NO. SW2661, all in accordance with, and as described in the attached plans and 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. Contract time shall begin on the first working day following the Notice to Proceed Date and shall be completed in Twenty (20) working days. If work has not commenced within the ten (10) days after the notice to proceed, the first chargeable working day shall be the eleventh (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 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. 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 Contract or the acts, failures to act, errors or omissions of the Contractor, or any of Contractor's agents or subcontractors, in performance of this Contract, 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. G\PROJECTS\2022\22175E\Spec\22175 Spec docx 5 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 this day of 20 Industrial Construction of Washington,LLC ,a Corporation Contractor By City Manager Attest. (Print Name) City Clerk Its (President,Owner,etc.) Address. G\PROJECTS\2022\22175E\Spec\22175 Spec docx 4-2 6 Project Location Map SW2661 DID #29 Improvements and Spot Repairs }...qTr--,g - 0+, 1 t t r. y III« 4 ;-. 4 1 I ; I 1 SPOT REPAIR f,J,.,,%« LOCATION A ' %_ *_p � PROJECT ' LOCATION - f .- ..A. ....„ 4_, , L i i , ;.....,„ , , , -r---i SPOT REPAIR LA— e __- LOCATION B 8. C — . '�` SEE SHEET 'I0 _1 11..N.VI '.1.r