HomeMy WebLinkAboutEvergreen Services, Yardmaster LLC - Contract CONTRACT
THIS AGREEMENT, made and entered into in triplicate, this day ofOe1 , 2023, by and between the City of Yakima,
hereinafter called the Owner,and Evergreen Services,Yardmaster LLC,a Washington Limited Liability Company,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 igbor and equipment for THE BID AMOUNT OF:$28,827.29,for City of Yakima
—Naches Avenue Parkway Irrigation Project,City Project _.,all in accordance with,and as described in the attached specifications and
the 2023 Standard Specifications for Road,Bridge,and Municipal Construction which are by this reference incorporated herein and made a part
hereof,and shall perform any alterations in or additions to the work provided under this contract and every part thereof.
Work shall start within ten (10)days after the Notice to Proceed and shall be completed in twenty-five(25)working days.The first chargeable
working day shall be the 11th working day after the date on which the City issues the Notice to Proceed.
If said work is not completed within the time specified,the Contractor agrees to pay to the Owner the sum specified in the Standard Specifications
for each and every day said work remains uncompleted after expiration of the specified time,as liquidated damages.
The Contractors shall provide and bear the expense of all equipment;work and labor of any sort whatsoever that may be required for the transfer
of materials and for constructing and completing the work provided for in this contract and every part thereof,except such as are mentioned in
the specifications to be furnished by the City of Yakima.
II. The City of Yakima hereby promises and agrees with the Contractor to employ,and does employ the Contractor to provide the materials and
to do and cause to be done the above described work and to complete and finish the same according to the attached plans and specifications and
the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of
unit or itemized prices hereto attached,at the time and in the manner and upon the conditions provided for in this contract.
III. INDEMNIFICATION. The Contractor shall release,indemnify,defend,and hold harmless the City,its elected and appointed officials,officers,
employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses,damages, and expenses related to all claims,
suits,arbitration actions,investigations,and regulatory or other governmental proceedings arising from or in connection with this Agreement or
the acts, failures to act, errors or omissions of the Contractor, or any Contractor's agent or subcontractor, in performance of this Agreement,
except for claims caused by the City's sole negligence. The City's right to indemnification includes attorney's fees and costs associated with
establishing the right to indemnification hereunder in favor of the City.
IV. The Contractor for himself,and for his heirs,executors,administrators,successors,and assigns,does hereby agree to the full performance of
all the covenants herein contained upon the part of the Contractor.
V. It is further provided that no liability shall attach to the City of Yakima by reason of entering into this contract,except as expressly provided
herein.
IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein above written.
Countersigned: CITY OFF�YAKIMA CONTRACTOR
(D this day of C 2023.
5 i/: 61c u ?
,a-Limited Liability Company
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ContractorCit
AA nager
Attest: r"� •KIP�gq `11t - c�,r�2c'S � ruin 0 AI
(Print Name) i
�fr '•.�#'!•'• III
c EAL�. *,
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City Clerk h +�* ���� r
111f N S• FIN � (President,Owner,etc.))
CITY CONTRACT NO: \ Address: s9 ��G��E"'�"���—� 74-
RESOLUTION NO: / T �+yl✓� s a, 90 T y(
•
ACORC, DATE(MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 09/11/2023
THIS CERTIFICATE IS ISSUED ASAMATTEROF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY
AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),
AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and
conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Artemio Gutierrez
Artemio Gutierrez Insurance Agency PHONE FAX
2800 Terrace Heights Dr (A/C,NO,EXT):509-248-5606 (A/C,NO):509-254-5040
E-MAIL
Yakima WA 98901-1408 ADDRESS: agutierrez@farmersagent.com
INSURER(S)AFFORDING COVERAGE NAIC#
INSURED INSURER A: Truck Insurance Exchange 21709
INSURER B: Farmers Insurance Exchange 21652
BEST CHOICE INCORPORATED INSURER c: Mid Century Insurance Company 21687
DBA EVERGREEN SERVICES
INSURER D:
PO BOX 973
INSURER E:
SUNNYSIDE WA 98944
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY
REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR 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 ADDTL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS
LTR INSD WVD (MM/DD/YYYY) (MM/DD/YYYY)
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000
DAMAGE TO RENTED
CLAIMS-MADE X OCCUR PREMISES(Ea Occurrence) $ 100,000
MEDEXP(Anyoneperson) $ 5,000
C Y 606630897 10/12/2022 10/12/2023 PERSONAL&ADVINJURY $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000
X POLICY 3< PROJECT LOC PRODUCTS-COMP/OPAGG $ 4,000,000
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000
(Ea accident)
ANY AUTO BODILYINJURY(Perperson) $
OWNED AUTOS SCHEDULED
C ONLY X AUTOS Y 606630897 10/12/2022 10/12/2023 BODILY INJURY(Per accident)$
X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE
ONLY AUTOS ONLY (Per accident)
UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 2,000,000
A EXCESS LIAB CLAIMS-MADE Y 607227825 10/12/2022 10/12/2023 AGGREGATE $ 2,000,00C
DED RETENTION$ $
WORKERS COMPENSATION PER OTHER $
AND EMPLOYERS'LIABILITY STATUTE
ANY PROPRIETOR/PARTNER/ y/N N/A E.L.EACH ACCIDENT $
EXECUTIVE OFFICER/MEMBER EXCLUDED?(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $
If yes,describe under DESCRIPTION OF
OPERATIONS below E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Neches Avenue Parkway Irrigation Project,City of Yakima Project NQZ7ei.The City of Yakima and the County of Yakima,its agents,employees,authorized
volunteers,elected and appointed officials are included as Primary/Non-Contributory additional insureds and are additional insured under General Liability if
required by written Contract. 10 Days Notice due to Non-payment of Premium.30 days Notice for all other reasons.See attached additional Insured
Endorsement.
CERTIFICATE HOLDER CANCELLATION
CITY OF YAKIMA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
129 N 2ND ST DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
YAKIMA WA Q8901 - J
ACORD 25(2016/03) C 1988-2015 ACORD CORPORATION.All Rights Reserved
31-1769 11-15 The ACORD name and logo are registered marks of ACORD
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
POLICY NUMBER: 606630897
07ftl
J6840
FARMERS 2nd Edition
INSURANCE
ADDITIONAL INSURED - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the
endorsement.
SCHEDULE
Name Of Additional Insured Person(s) CITY OF YAKIMA
Or Organization(s):
Location Of Covered Operation(s): Naches Avenue Parkway Irrigation Project
City of Yakima Project No. 2764
Effective Date Of Endorsement: 10/12/2021
If no entry appears above,information required to complete this endorsement will be shown in the Declarations.
The BUSINESSOWNERS LIABILITY COVERAGE FORM is amended as follows:
A. With respect to the additional insured described in Paragraph B.of this endorsement,the following exclusions are added
to Paragraph 1.Applicable To Business Liability Coverage under Section B.Exclusions:
This insurance does not apply to:
1. "Bodily injury"or"property damage"for which the additional insured(s)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
additional insured(s)would have in the absence of the contract or agreement.
2. "Bodily injury"or"property damage"occurring after:
a. Your ongoing operations at the location of covered operations other than service maintenance or repairs
performed by you or on your behalf have been completed;or
b. The portion of your ongoing operation out of which the"bodily injury"or"property damage"arises has been
put to its intended use by any person or organization.
But in no event shall this insurance apply to"bodily injury"or"property damage"arising out of your operations that
were completed prior to the effective date of this endorsement.
3. "Bodily injury" or"property damage" arising out of any act or omission of the additional insured(s) or any of its
"employees", agents or contractors other than you, except for general supervision by the additional insured(s)of
your ongoing operations performed for that additional insured.
4. "Property damage"to:
a. Property owned,used or occupied by or rented to the additional insured(s);
b. Property in the care custody or control of the additional insured(s) or over which the additional insured(s)
exercise physical control;or
c. Any work including materials, parts or equipment furnished in connection with such work which is performed
for the additional insured by you.
J6840-ED2 09-18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 2
93-6840 J6840201
B. Section C. Who Is An Insured is amended to include as an insured the person(s) or organization(s) shown in the
Schedule, but only to the extent that the additional insured(s) is held liable for"bodily injury" or"property damage"
caused in whole or in part by:
1. Your ongoing operations performed for such person or organization at the location designated above;
2. The acts or omissions of your subcontractors acting on"your"behalf on the scheduled project in the performance of
your ongoing operations for the additional insured(s)which start and are completed within the effective period of
this endorsement;or
3. The acts or omissions of such additional insured(s)in connection with its general supervision of such operations.
C. With respect to this endorsement, "wrap up policy" means an Owner or Contractor Controlled Insurance Program
providing one or a series of policies designed to cover a specific construction project that insures all of the persons and
entities working on such project.
The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended as follows:
A. With respect to the additional insured described in Paragraph B. of this endorsement, Section H.Other Insurance is
replaced by the following:
H. Other Insurance
1. Primary and Noncontributory Insurance
The coverage provided to an additional insured under this endorsement shall be primary and noncontributory
ONLY to any insurance issued directly to the additional insured if:
a. The Named Insured agreed in a written contract or written agreement to provide the additional insured
coverage on a primary and noncontributory basis;
b. Such written contract or written agreement referenced in a.above was executed prior to the issuance of this
endorsement;
c. The additional insured designated herein has a policy with an Other Insurance provision making that policy
excess;and
d. There is no"wrap up policy"in effect for the work performed at the location designated in the Schedule of
this endorsement.
2. Excess Insurance
If there is other valid and collectable insurance available to the additional insured(s)as an additional insured
under other policies covering the work performed at the location designated and described in the schedule of
this endorsement,this insurance will be excess over those policies.
This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the
terms of the policy.
J6840-ED2 09-18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 2
93-6840 J6840202
CONTRACT BOND
Bond#GFB 7448657
BOND TO CITY OF YAKIMA
KNOW ALL MEN BY THESE PRESENTS:
That whereas the City of Yakima, Washington has awarded to Evergreen Services,Yardmaster LLC (Contractor) hereinafter designated as the
"Principal"a contract for the construction of the project designated City of Yakima—Naches Avenue Parkway Irrigation Project,City Project No.
2764,all as hereto attached and made a part hereof and whereas,said principal is required under the terms of said contract to furnish a bond for
the faithful performance of said contract:
NOW, THEREFORE, we, the principal, and Old Republic Surety (Surety), a corporation,
organized and existing under and by virtue of the laws of the State of South Dakota ,duly authorized to do business in the State of
Washington,as surety,are jointly and severally held and firmly bound unto the City of Yakima,Washington,in the sum of$28,827.29(Total Contract
Amount)lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,
administrators,successors and assigns,jointly and severally,firmly by those presents.
THE CONDITIONS OF THIS OBLIGATIONS IS SUCH,that if the above bonded principal shall faithfully perform all of the provisions of said contract in
the manner and within the time therein set forth,or within such extensions of time as may be granted under said contract,and shall pay all laborers,
mechanics,sub-contractors and material men,and all persons who shall supply said principal or sub-contractors with provisions and supplies for the
carrying on of said work,and shall hold said City of Yakima,Washington,their employees,agents,and elected or appointed officials,harmless from
any damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal,or any sub-contractor in
the performance of said work and shall indemnify and hold the City of Yakima,Washington,its employees,agents,and elected or appointed officials,
harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects developing in the material
or workmanship provided or performed under said contract,within a period of one year after its acceptance by the City of Yakima,Washington,then
and in that event this obligation shall be void;but otherwise it shall be and remain in full force and effect.
This obligation is entered into in pursuance of the statutes of the State of Washington,and the Ordinances of the City of Yakima,Washington.
IN WITNESS WHEREOF,the said principal and the said surety have caused this bond to be signed and sealed by their duly authorized officers this
14th day of September zo 23 .
Best Choice Incorpo a green Services
c.
By:
( " nature)
Forrest Emmons
(Print Name)
Approved as to form:
President
(Title)
(City Attorney) Old Republic Surety
(Sure
By:�l
(Signature)
Karen A Linder
(Print Name)
Attorney in fact
(Title)
****
* OLD REPUBLIC INSURANCE COMPANY
** **--
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That OLD REPUBLIC INSURANCE COMPANY,a Pennsylvania stock insurance corporation,does make.
constitute and appoint:
Karen A tinder Cynthia A.McKinney,Sarah M Marinelli,Aleka 6 Bridges of Sacramento. CA
its true and lawful Attorney(s)-in-Fact,with full power and authority for and on behalf of the Company as surety,to execute and deliver and affix the seal of the
Company thereto(if a seal is required), bonds, undertakings. recognizances or other written obligations in the nature thereof, (other than self-insurance workers
compensation bonds guaranteeing payment of benefits.or black lung bonds),as follows'
ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC INSURANCE COMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents. are ratified and
confirmed.This appointment is made under and by authority of the board of directors at a meeting held on December 10,2019.This Power of Attorney is signed
and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC INSURANCE
COMPANY on December 10,2019.
RESOLVED FURTHER, that the chairman, president or any vice president of the Company's surety division, in conjunction with the secretary or any
assistant secretary of the Company, be and hereby are authorized and directed to execute and deliver,to such persons as such officers of the Company
may deem appropriate, Powers of Attorney in the form presented to and attached to the minutes of this meeting,authorizing such persons to execute and
deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds, other than bail bonds, bank
depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and not guaranty bonds. The said officers may
revoke any Power of Attorney previously granted to any such person.
RESOLVED FURTHER that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company
(I) when signed by chairmen,president or any vice president of the Company's surety division and attested and sealed(if a seal be required)by any
secretary or assistant secretary,cr
(ii) when signed by a duly authorized Attorney-in-Fact and sealed with the seal of the Company(if a seal be required).
RESOLVED FURTHER, that the signature of any officer designated above, and the seal of the Company, may be affixed by facsimile to any Power of
Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company,and such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC INSURANCE COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to
be affixed this 21st day of September 2022
OLD REPUBLIC SU CE COMPANY
_ �L�
Assistant Secretes y t, wa+a� . Vice President
`iM6vW1`'
STATE.OF WISCONSIN,COUNTY OF WAUKESHA-SS
On this 21 St day of September , 2022 ,personally came before me, Alan Pavlic
and Karen J. Haffner ,to me known to be the individuals and officers of the OLD REPUBLIC INSURANCE
COMPANY who executed the above instrument, and they each acknowledged the execution of the same,and being by me duly sworn,did severally depose
and say:that they are the said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said
corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said
organization.
rpTA y z., • Egark$0"..
.•.4080° VV Notary Public
My Commission Expires' September 28, 2026
CERTIFICATE (Expiration of notary's commission does not invalidate this instrument)
I, the undersigned, assistant secretary of the OLD REPUBLIC INSURANCE COMPANY, a Pennsylvania corporation, CERTIFY that the foregoing and
attached Power of Attorney remains in full force and has not been revoked; and furthermore. that the Resolutions of the board of directors set forth in the
Power of Attorney,are now in force.
14th Se
Signed and sealed at the City o September 2023
p Brookfield,WI this day of
sEAL
31 1259
ORSC 11068 tf<-93) Assistant Sec: t y
Construction Services Ins Agcy
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Sacramento
On 9/14/2023 before me, Joe Balbiani Notary Public
(insert name and title of the officer)
personally appeared Karen A Linder
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
!4„ JOE BALBIAMI
F4 '? Koury Public•CaHfornla
Sarnmanto County
Commission a 2409004
my Comm,Expires Jun 25,2026
Signature (Seal)