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HomeMy WebLinkAboutStephens and Sons Construction - MLK Jr. Park & Miller Park Poolhouse Demolition ProjectMLK Jr. Park & Miller Park Pool Bath House Building Demolition CITY OF YAKIMA JOB NO. 2431 INVITATION TO QUOTE Contractor: 5TEMi t J!. -( SokIS , LV Phone: StPr 417 - (94 21 - Address: z{ (7 Sot. 'h ,ST tSi Ai -- 'I4 -"t ►- A.L) 8 9 D 8 PROJECT SCOPE CITY OF YAKIMA ENGINEERING DIVISION 129 NO. 2ND STREET YAKIMA, WASHINGTON 98901 PHONE 575-6111 Quotations will be received by the Yakima City Clerk until: 3:00 PM, March 10, 2016 This contract provides for the complete demolition of the Martin Luther King Jr. (formerly Washington) Park Pool Bath House and the Miller Park Pool Bath House as well as other related work all in accordance with the Plans and Specifications as prepared by the City Engineer of the City of Yakima. INSTRUCTIONS TO THE CONTRACTOR Please return your lowest price for the following project by 3:00 p.m., March 10, 2016 to the Yakima City Clerk's Office, 18` floor of City Hall. If you have any questions call Randy Tabert at 576-6579. The city reserves the right to reject any or all quotations and to accept any or all items at the price quoted. The city intends to award this contract within 10 calendar days after bid opening. 39407 keGISTE0 1 QUOTE MLK Jr. Park & Miller Park Pool Bath House Building Demolition City of Yakima Job No. 2431 ITEM NO. PROPOSAL ITEM PAYMENT SECTION QTY UNIT UNIT PRICE DOLLARS AMOUNT DOLLARS 1 MOBILIZATION Per 2014 WSDOT Standard Specification 1-09.7 1 LS 5j .Po ;V .co 2 BUILDING DEMOLITION Per Contract Specification #12 1 LS AI j� ODU'Cb Y/� L1eD.t� 3 TOPSOIL TYPE C Per 2014 WSDOT Standard Specification 8-02.3(4) 1,415 SY / b. 26- i1 60.7s - 4 SEEDED LAWN INSTALLATION Per 2014 WSDOT Standard Specification 8-02.3(16)A 1,415 SY �, 7� 614 %foS 5 REPAIR OR REPLACEMENT Per Contract Specification #18 1 FA $1,000.00 $1,000.00 SUB TOTAL: STATE SALES TAX 8.2%: TOTAL: 46,4/)/804 4.a4.07:1b $67, 023k, Contractor's Signature: 3 Date: -3 l lI (p BID BOND Travelers Casualty and Surety Company of America One Tower Square 3PB, Hartford, CT 06183 Bond No. T-211 KNOW ALL MEN BY THESE PRESENTS, That we, Stephens & Sons Construction, Inc. as Principal, (hereinafter called the Principal), and Travelers Casualty and Surety Company of America, of One Tower Square 3PB, Hartford, CT 06183, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Yakima as OBLIGEE, hereinafter called the OBLIGEE, in the sum of ** 5.00% of the total amount bid "" Dollars ($ 5.00% of bid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Project No. 2431 MLK Jr. Park & Miller Park Pool Bath House Building Demolition NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed, sealed, and dated this 10th day of SJI"-",gs-"lb Witness By By Step March, 2016 & Sons Construction, Inc. (Seal) Principal Travelers Casualty and Surety Company of America ahr (Seal) Chris A. Fix, Attorney -in -Fact Printed in cooperation with American Institute of Architects (AIA) by Travelers Casualty and Surety Company of America. The language in this document conforms exactly to the language used in AIA (Document A310, February 1970 edition. S -1869-G (08-99) TRAVELERS) Attorney -In Fact No. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 221140 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 006 505272 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Christine V. Felicetty. N. B. Fix. R. A. Fix, Myung S. Fix, and Chris A. Fix of the City of Seattle State of Washington , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF. the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 16th day of September 2015 State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company •+PjiN SS Ugg4,_ I4 -z fooRA SL) By: Robert L. Raney, enior Vice President On this the 161h day of September' 2015, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America. and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440-8-12 Printed in U.S.A. iaJ w" C • V Marie C. Tetreault, Notary Public WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect. reading as follows: RESOLVED, that the Chairman. the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President. any Second Vicc President, the Treasurer. any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary niay appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances. contracts of indemnity. and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vicc Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED. that any bond. recognizance, contract of indemnity, or writing obligatory in the nature of a bond. recognizance. or conditional undertaking shall be valid and binding upon thc Company when (a) signed by the President, any Vice Chairman, any Executive Vicc President, any Senior Vice President or any Vice President, any Second Vicc President, the Treasurer. any Assistant Treasurer. the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary: or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary. any Assistant Secretary. and thc seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in thc future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes. the undersigned, Assistant Secretary. of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies. which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this /0 lh day of` 6.(4e1 ,20/4 Kevin E. Hughes, Assistant Seci tary To verify the authenticity of this Power of Attorney. call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 2 of 3 originals PERFORMANCE BOND BOND TO CITY OF YAKIMA KNOW ALL MEN BY THESE PRESENTS: Bond No. 106 444 072 That whereas the City of Yakima, Washington has awarded to Stephens and Sons Construction, Inc. a Washington Corporation (Contractor) hereinafter designated as the Principal a contract for the construction of the project designated MLK Jr. Park & Miller Park Poolhouse Demolition Project, City Project No. 2431, 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 'Irate-ers � ltY and Surety 1:111 ' of Merica (Surety), a corporation, organized and existing under and by virtue of the laws of the State of CCtia.zt , 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 penal sum of $ 69, 442.76 (Total Contract Amount) lawful money of the United States, the payment of which we jointly and severally bind ourselves, our heirs, executors, administrators and assigns, and successors and assigns, firmly by these presents. THE CONDITIONS OF THIS BOND 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 materialmen; the claims of any person or persons arising under the contract to the extent such claims are provided for in RCW 39,08.010; the state with respect to taxes imposed pursuant to Titles 50, 51 and 82 RCW which may be due; 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 appearing or developing in the material or workmanship provided or performed under said contract after its acceptance thereof by the City of Yakima, Washington, and all claims filed in compliance with Chapter 39.08 RCW are resolved and all taxes pursuant to Titles 50 and 51 and 82 RCW have been paid, 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 18th day of March , 2016. Approved as to form: Stephens & Sons Construction, Inc. (Signature) qleeln_VAIN�-�e�ll�enS Print Name) Travelers Casualty and Surety Company of America By: (Print Name) Attorney—in—Fact TRAVELERS J Attorney -In Fact No. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 221140 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 00 6505325 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Christine V. Fclicctty, N. B. Fix, R. A. Fix. Myung S. Fix, and Chris A. Fix of the City of Seattle , State of Wash inglon , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances. conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument.to be signed and their corporate seals to be hereto affixed, this 16th day of September 2015 State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: Robert L. Raney, enior Vice President On this the 16th day of September 2015 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he. as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440-8-12 Printed in U.S.A. citAilL C . ..4iv•9c Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the 13oards of Directors of Farmington Casually Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President. any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, reco`_nizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at anv time may remove anv cuch appointee and revoke the power given him or her: and it is FURTHER RESOLVED, that the Chairman. the President, any Vicc Chairman, any Executive Vicc President. any Senior Vice President or any Vicc President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is tiled in the office of the Secretary; and it is FURTHER RESOLVED. that any bond, recognizance. contract of indemnity, or writing obligatory in the nature of a bond, recognizance. or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vicc President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and scaled with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority: and it is FURTHER RESOLVED. that the signature of each of the following officers: President, any Executive Vice President, any Senior Vicc President, any Vice President. any Assistant Vice President, any Secretary, any Assistant Secretary. and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for proposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof. and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall he valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I. Kevin E. Hughes, the undersigned. Assistant Secretary, of Farmington Casualty Company. Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters, Inc.. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America. and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies. which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 18th day of March lam' Kevin E. Hughes, Assistant Seci tary 2016. To verify the authenticity of this Power of Attorney. call I-800-421-3880 or contact us at www.travcicrsbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING;THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CONTRACT THIS AGREEMENT, made and entered into in triplicate, this 3 day ofi , 2016, by and between the City of Yakima, hereinafter called the Owner, and Stephens and Sons Construction, Inc. 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: $69,442.76, for MLK Jr. Park & Miller Park Poolhouse Demolition Project, City Project No. 2431, all in accordance with, and as described in the attached plans and specifications and the 2014 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 (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 11th 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 defend, indemnify, and hold harmless the City, its officers, elected officials, employees and agents from and against any and all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from the Contractor's performance or non-performance of the services, duties and obligations required of it under this Agreement. 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 OE YAKIMA this L, day of ty Manager Attest-- 016g4_ City)Clerk 2016. CONTRACTOR S -PV s a- SOr Contra By: .x.1)C v -.r\ S *ane S (Print Name) o% 4 `068 CITY CONTRACT NO: RESOLUTION NO: ess: (President, Owner, etc.) S S1S'� 14v< y�•k— V\1k� ' 14-141- (3I gal OX Corporation ACORO® 4. -----CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 3/17/2016 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 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 Terril Lewis & Wilke Ins P 0 Box 1789 112 S 4th Street Yakima WA 98907 CONTACT Donna Martinez NAME: (AIC No.Ext): (509)248-3515 FAX No):(509)248-3673 E-MAIL ADDRESS: dmartinez@tlwins.com INSURER(S) AFFORDING COVERAGE NAIC 6 INSURER A:Nationwide Mutual Ins Co. 23787 INSURED Stephens & Sons Construction, Inc. 417 S 51st Ave Yakima WA 98908 INSURER B ACP7545232795 INSURERC: 10/27/2016 INSURERD: $ 1,000,000 INSURER E : INSURERF: X COVERAGES CERTIFICATE NUMBER:15-16 GAS 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 LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXPIY (MM/DDYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X ACP7545232795 10/27/2015 10/27/2016 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR PRTOaEc TED PREMISES ((Ea occuurrrrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE POLICY OTHER X LIMIT APPLIES F ERCOT- PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS ACP7545232795 10/27/2015 10/27/2016 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ Underinsured motorist $ 1,000,000 UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEN OA (Mandatory ory In NH) EXCLUDED? It yes, describe under DESCRIPTION OF OPERATIONS below Y / N / A WA Stop Gap ACP7545232795 10/27/2015 10/27/2016 PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E L DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Yakima, its agents, employees, volunteers and elected and appointed officials are named as additional insured as respects work performed by the named insured. Blanket Additional Insured form CG7288 1214 attached. Project No. 2431 - MLK Jr. Park & Miller Park Pool Bath House Building Demolition CERTIFICATE HOLDER CANCELLATION City of Yakima 129 N 2nd Street Yakima, WA 98901 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE — ° - c% Aaron McCoy/DONNA '''" ACORD 25 (2014/01) INS025 (2014011 © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 72 88 12 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ENHANCEMENT ENDORSEMENT INCLUDING MEDICAL PAYMENTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Lost Key Coverage 1. Under Section I,— Coverages, Coverage A Bodily Injury And Property Damage Liability, coverage is extended to include C. the following: If a customer's master or grand key, excluding electronic key card, is lost while in your care, custody or control we will pay the cost of replacing the keys, including the master lock and all keys' used in the same lock, the cost of adjusting locks to accept the new keys, or the cost to replace the locks, whichever is less., 2. Limit of Insurance - The most we will pay for "loss" arising out of any one "occurrence" is $10,000. 3. Under Section V Definitions the following definition is added: "Loss" means unintentional physical damage or destruction to tangible property, including theft or disappearance. Tangible property does not,include money or securities. B. Voluntary Property Damage 1. Under Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, coverage is extended to include the following: At your request, we will pay for "property damage" to property of others caused by you and while in your possession, arising out of your business operations and occurring during the policy period. 2. Limit of Insurance - The most we will pay for "loss" arising out of any one "occurrence" is $1500:. 3. Under Section V — Definitions is amended as follows: CG 72 88 12 14 D. "Loss" means unintentional damage or destruction but does not include disappearance, theft, or loss of use. Non -Owned Watercraft. Under Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, 2. Exclusions exclusion g. ,Aircraft, Auto Or Watercraft Paragraph (2) (a) is replaced with: (a) Less than 51 feet long; and Expanded Property,Damage .Coverage 1. For the purposes of this'endorsementonly: Section I. — Coverages, Coverage A Bodily Injury And Property Damage Liability, 2. Exclusions, exclusion j. Damage to Property is amended as follows: a. Paragraph (3), (5), and (6) are deleted in their entirety. b. Paragraph (4) is deleted in its entirety and replaced with : (4) Personal property. 'in the care custody or control of the insured: (a) for storage or sale at premises you own; rent or occupy; or (b) while being transported by any aircraft, "auto" or watercraft owned or operated by or rented to or loaned to any insured. c. The coverage provided by this endorsement does not apply to "property damage": (1) Arising out of, the disappearance or loss of use of personal property; or Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 5 with its permission. CG 72 88 12 14 (2) Included in the "products -completed operations hazard".. 2. Limit of Insurance - The most we will pay for "property damage" provided by this coverage in any one "occurrence" is $5,000. 3. Deductible - Our obligation to pay for a covered loss applies only to the amount of loss in excess of $250. We will pay the deductible amount to effect settlement of any claim or "suit" and upon notification having been taken you shall promptly reimburse us for the deductible as has been paid by us. This insurance is primary to any expanded damage coverage provided by a separate endorsement attached to this policy, and it will supplant any deductible in said endorsement. E. Damage To Premises Rented To You 1. Under Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, the last paragraph of 2. Exclusions of is replaced with: If Damage to Premises Rented to You' is not otherwise excluded, exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. 2. Under Section III — Limits Of Insurance, Paragraph 6. is replaced with: 6. Subject to 5. above, the Damage To Premises Rented To You Limit is 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, smoke or sprinkler leakage, while rented to you or temporarily occupied by you with permission of the owner. The limit is increased to $300,000. 3. Under Section IV — Commercial General Liability Conditions, 4. Other Insurance, b. Excess Insurance (1) (a) (11) is replaced with (11) That is Fire, Lightning, Explosion, Smoke or Sprinkler Page 2 of 5 leakage insurance for premises rented to you or temporarily occupied by you with permission of the owner. F. Supplementary Payments Under Section I — Coverages, Supplementary Payments — Coverages A And B paragraphs 1.b. and 1.d. are replaced with: b. Up to $2,500 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. G. Newly Formed And Acquired Organizations Under Section 11 — Who Is An Insured Paragraph 3.a. is replaced with: 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; H. Additional Insured — Automatic Status When Required In An Agreement Or Contract With You Section II — Who Is An Insured is amended to include: 4. Any person(s) or organization(s) described in Paragraphs a. — d. with whom you have agreed in writing in a contract or written agreement that such ,person or organization be added as an additional insured on your policy during the policy period shown in the Declarations. The person or organization added as an insured by this endorsement is an insured only to the extent you are held liable due to: a. Lessors of Leased Equipment with respect to their liability for "bodily injury", "property damage", or "personal and advertising injury", caused in whole or in part by your maintenance, operation or use of equipment leased to you by such Includes copyrighted material of Insurance Services Office, Inc., CG 72 88 12 14 with its permission. person(s) or organization(s). This insurance does not apply to any "occurrence" which takes place after the lease expires. However, their status as additional insured under this policy ends when their lease, contract or agreement with you for such leased equipment expires. b. Managers or Lessors of Premises with respect to liability arising out of the ownership, maintenance or use of that part of the premises you own, rent, lease or occupy. This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new con- struction or demolition operations performed by or on behalf of the person or organization. However, their status as additional insured under this policy ends when you cease to be a tenant of such premises. c. State or Political Subdivision — Permits Relating to Premises with respect to the following hazards for which the state or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: (1) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (2) The construction, erection, or removal of elevators; or If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. (3) CG 72 88 12 14 CG 72 88 12 14 This insurance does not apply to: (1) "Bodily injury" or "property damage" or "personal or advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products - completed operations hazard". However, such state or political subdivision's status as additional insured under this policy ends when the permit ends. d. Owners, Lessees, or Contractors with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed for that additional insured, whether the work is performed by you or on your behalf. The insurance does not apply to: (1) "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 survey services, including: (a) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, survey, field orders, change orders or drawings and specifications: or (b) Supervisory, inspection, architectural or engineering activities. (2) "Bodily injury" or "property damage" occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service; maintenance or repairs) to be performed by or on behalf of the Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 5 with its permission. CG 72 88 12 14 additional insured(s) at the location of thecovered operations has been completed; or. (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of'the same project. However, a person or organization's status as additional insured under this policy ends when your operations for that additional insured are completed. However, the insurance afforded to such additional insureds a. — d.described above: 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 such additional insured. I. Aggregate Limit Per Project, Under Section III —Limits 'Of Insurance The following paragraph is added to paragraph 2: The General Aggregate Limit under Section III Limits of Insurance applies separately to each of your construction projects away from premises owned by or rented to you. J. Medical Payments Under Section III — Limits Of Insurance, Paragraph 7. is replaced with: 7. Subject to 5. above, the higher of: a. $10,000; or b. The amount shown in the Declarations for Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by one person. This coverage does not, apply if Coverage C — Medical Payments is excluded either by the provisions of any coverage forms attached to the policy or by endorsement. K. Knowledge'Of An Occurrence Under Section IV — Commercial General Liability Conditions; The following is added to condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit: e. Knowledge of an occurrence, offense, claim or suit by an agent or employee of any insured shall not in itself constitute knowledge of the insured unless you, a partner, if you are a .partnership; or an executive officer or insurance manager, if you are a corporation receives such notice of an occurrence, offense, claim or suit from the agent or employee. f. The requirements in Paragraph b. will not be considered breached unless there is knowledge of occurrence as outlined in paragraph e. above. L. Unintentional Failure To Disclose Hazard Under Section IV — Commercial General Liability Conditions,condition 6. Representations the following paragraph is added: d. Your failure to disclose all hazards or prior "occurrences" or offenses existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided 'such failure to disclose all hazards or prior "occurrences" or offenses is not intentional. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non- renewal. M. Waiver Of Subrogation Under Section IV — Commercial General Liability Conditions, 8. Transfer of Rights of Recovery Against Others to Us the following paragraph is added: If required by a written contract executed prior to loss, we waive any right of subrogation we may have against the contracting person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazards". N. Liberalization Section IV Commercial .General Liability Conditions, condition 10. Liberalization the following is added: If we revise this coverage form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., CG 72 88 12 14 with its permission. 0. Broadened Bodily Injury Definition (Mental Anguish) Under Section V — Definitions definition 3. Is replaced with: CG 72 88 12 14 3. "Bodily injury" means physical injury, sickness or disease to a person and, if arising out of the foregoing, mental anguish, mental injury, shock or humiliation, including death at any time resulting therefrom. All terms and conditions of this policy apply unless modified by this endorsement. CG 72 88 02 14 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 5 with its permission. COMPLIANCE WITH IMMIGRATION AND NATURALIZATION ACT The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986, as amended. The City requires that all contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand Dollars ($5,000), or any other city contract in excess of Two Thousand Five Hundred Dollars ($2,500), enroll in the E -Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States. E -Verify will be used for newly hired employees during the term of the contract ONLY: it is NOT to be used for existing employees. The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor. The contractor shall sign and return with their bid response the E -Verify Declaration below. Failure to do so may be cause for rejection of bid. E -VERIFY COMPLIANCE DECLARATION The undersigned declares, under penalty of perjury under the laws of Washington State that: 1. By submitting this Declaration, I certify that I do not and will not, during the performance of this contract, employ illegal alien workers, or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986. 2. I agree to enroll in E -Verify prior to the start date of any contract issued by the City of Yakima to ensure that my workforce is legal to work in the United States of America. I agree to use E -Verify for all newly hired employees during the length of the contract. 3. I certify that I am duly authorized to sign this declaration on behalf of my company. 4. I acknowledge that the City of Yakima reserves the right to require evidence of enrollment of the E - Verify program at any time and that non-compliance could lead to suspension of this contract. Firm Name: Sic okiag -Sv.vs j Dated this 1D44" day of Yblc.--v-e.h , 20 1L Signature: —p Printed Name: -t �J°Lv,,� „n �-h S Phone #: 5V/4457— L 9L Email Address: be-v1Y (,s G+g-l7sa,✓t os iY2 .�o�vC 17