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Ray Poland & Sons, Inc. - PWRF Pipeline Damage Repair (Columbia East Forcemain Repair) Small Works Agreement (#23-016)
SMALL WORKS CONTRACT PWRF Pipeline Damage Repair (Columbia East Forcemain Repair) Agreement No. 23-016 THIS CONTRACT is made and entered into this 31 tf day of MwA , 2023, by and between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City", and Ray Poland & Sons, Inc.., hereinafter referred to as "Contractor." WHEREAS, the Project qualifies under RCW 39.04.155 as a small works roster contract, or a limited public works contract; and WHEREAS, the City having sought and secured quotations from its small works roster, and the Contractor being duly qualified as a Contractor on the small works roster having submitted a quotation acceptable to the City. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Description of Work. The Contractor shall furnish all equipment, labor, tools, materials and appurtenances and perform all services in a workmanlike manner and in accordance with the plans and specifications as provided in the Project Description and Specifications, attached hereto as Exhibit A. 2. Compensation. Compensation for the performance of the service and materials as described in Exhibit IA (this shall consist of the entire Bid Package including all Exhibits) shall be: ® That amount set in the quotation attached hereto as Exhibit 113 (This shall consist of Bid Proposal as completed by low bidder) subject to any retainage or withholdings as provided below. 3. Time of Completion. The work covered by this Contract shall be completed with all respects within 5 calendar days from the date of the Notice to Proceed. Once the work is commenced, the Contractor shall diligently pursue the work to completion within the time specified in this Contract. 4. Warranty of Contractor. Contractor warrants that it is qualified to be awarded a public works contract in compliance with RCW 39.04.350; and further agrees to comply with all State and Federal laws relating to the employment and wage rates to be paid. 5. Indemnification. 5.1 The Contractor shall defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers from any and all claims and causes of action, including, but not limited to, actions of law or administrative proceedings for all injuries to persons or damages to property, and all losses, damages, demands, suits, judgments, including attorney fees, arising out of, or as a result of, PWRF Pipeline Damage Repair (Columbia East Forcemain Repair) — Project No. 23492 Page 1 Small Works Roster Contract#: 23-016 — Ray Poland & Sons, Inc. or in connection with the work performed under this Agreement, and caused or occasioned in whole or in part by reason of errors, negligent acts or omissions of the Consultant or its subcontractors in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City, its officers, employees, agents, and volunteers. 5.2 Should a Court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injuries or damages to property caused by or resulting from the concurrent negligence of the Contractor, and the City, its officers, employees, agents and volunteers, the Contractor's liability and obligation to defend hereunder shall only be the proportionate extent of the Contractor's negligence. 5.3 It is further agreed that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. 5.4 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 5.5 This indemnification shall include damages, penalties and attorney fees sustained as a result of Contractor's delayed or failed performance. 5.6 This waiver has been mutually negotiated by the parties, and the provisions of this section shall survive the expiration or termination of this Agreement. 6. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, or subcontractors. 6.1 Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 6.1.1 Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 6.1.2 Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. PWRF Pipeline Damage Repair (Columbia East Forcemain Repair) — Project No. 23492 Page 2 Small Works Roster Contract#: 23-016 — Ray Poland & Sons, Inc. 6.1.3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 6.1.4 Professional Liability insurance appropriate to the Contractor's profession. 6.2 Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 6.2.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 6.2.2 Commercial General Liability insurance shall be written with limits no less than: ® $2,000,000 each occurrence; ® $2,000,000 general aggregate; or ❑ $ each occurrence; and $ general aggregate 6.2.3 Professional Liability insurance shall be written with limits no less than: ® $2,000,000 per claim; ® $2,000,000 policy aggregate limit; or ❑ $ per claim; and $ per policy aggregate limit 6.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 6.3.1 The Contractor's insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 6.3.2 The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 6.4 Acceptability of Insurers. Insurance is to placed with insurers with a current A.M. Best rating of not less than ANII. 6.5 Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. 7. Retainage and Performance Bond. PWRF Pipeline Damage Repair (Columbia East Forcemain Repair) — Project No. 23492 Page 3 Small Works Roster Contract#: 23-016 — Ray Poland & Sons, Inc. 7.1 Unless it is waived as provided below, the Contractor shall provide and post for the benefit of the City a Performance and Payment Bond issued by a qualified surety insuring the Contractor's performance of all the provisions of the Contract and payment of all labors, mechanics, and subcontractors and materialmen as required by RCW 39.08.010. 7.2 The City shall withhold five percent (5%) of the money due to the Contractor for the work performed under this Contact until completion and/or acceptance of the Contract as provided by RCW 60.28.011. Contractor may elect an option for management of the statutory retainage by notice to the City of the elected option under RCW 60.28.011. 8. Work Site Conditions. The work performed under this Contract is done at the Contractor's risk and that Contractor is familiar with the conditions present and other contingencies likely to affect the work and has submitted their quote accordingly. The Contractor will assume the responsibility and risk of all loss or damage to materials or work which may arise prior to completion. The Contractor shall keep the work site in a neat, orderly condition and after completion of the work, the Contractor shall, at its expense, clean up and remove all refuse and unused materials of any kind resulting from the work. 9. General Provisions. 9.1 For the purpose of this Contract, time is of the essence. 9.2 Notice. Notice provided for in this Contract shall be sent by: 9.2.1 Personal service upon the Project Administrators. 9.2.2 Certified mail to the physical address of the parties, or by electronic transmission to the e-mail addresses designated for the parties below. 9.3 The Project Administrator for the purpose of this Contract shall be: 9.3.1 For the City: Brian Cartwright, or his/her designee Project Manager 525 North 3rd Pasco WA 99301 cartwrip,htb@pasco-wa.gov 9.3.2 For the Contractor: Bryan Knapik, or his/her designee Ray Poland & Sons, Inc. 503 W. Columbia Drive, Kennewick, WA 99336 Bryangrpsinc ag com PWRF Pipeline Damage Repair (Columbia East Forcemain Repair) — Project No. 23492 Page 4 Small Works Roster Contract#: 23-016 — Ray Poland & Sons, Inc. 10. Dispute Resolution. This Contract has been and shall be construed as having been made and entered into and delivered within the State of Washington, and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. In the event of a dispute regarding the enforcement, breach, default or, interpretation of this Contract, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. IN WITNESS WHEREOF, the parties have executed by their duly authorized official this Contract in triplicate, each of which being deemed an original on the date first written above. CITY OF PASCO, WASHINGTON By4M.teve WWorley,PE — Public Wor ATTEST: Debra C. Barham, City Clerk APPROVED AS TO FORM: Kerr Fer aw, PLLC, City Attorney CONTRACTOR By: - 2�> Bryan apik — Project Manager PWRF Pipeline Damage Repair (Columbia East Forcemain Repair) — Project No. 23492 Page 5 Small Works Roster Contract#: 23-016 — Ray Poland & Sons, Inc. EXHIBIT 1A CONTRACT DOCUMENTS PWRF PIPELINE DAMAGE REPAIR (Columbia East FM Repair) Pasco Washington CONTRACT NO. 23492 Approved for Construction: Z, � _ _ 3.1.2023 Dew uP b is Works Director - Eng. Date City of Pasco COPY PWRF PIPELINE DAMAGE REPAIR (Columbia East FM Repair) The City of Pasco (City) is issuing this: Request for Quote This is a request for quote to repair a section of 20" DR 11 HDPE pipe at the intersection of N. Capital Avenue and E. Hillsboro Road in Pasco, Washington. The area of repair is depicted on Exhibit A. The pipe was damaged during an unrelated underground excavation operation. See pictures of the damaged pipe attached to this solicitation as Exhibit B. At the time of the strike, the pipe was operational and conveying food processor wastewater. It is assumed that the pipe has roughly 43,000 gallons of residual wastewater left between the isolation points. It is also assumed that the repair is isolated to a single area and a 4' section of pipe will need to be removed and replaced with a piece of City provided 20" DR 11 HDPE pipe. This work should be scheduled after the local asphalt plants have resumed production in the spring. The contractor can, at their discretion, make the repair prior to this. However, the area of asphalt removed must be temporarily repaired with cold mix asphalt and permanent trench restoration with hot -mix asphalt (HMA) is required for the work to be considered complete. All work must be completed to the City's satisfaction no later than May 311% 2023. No considerations will be made for the expense of temporary cold mix asphalt patching unless the schedule is accelerated at the City of Pasco's request. The price should be lump sum and all-inclusive of the scope of work detailed below. Full payment shall be made by the Agency at completion of the work. Because this is a Public Works Project, the Contractor and all sub -contractors must follow Washington State's Prevailing Wages requirements (RCW 39.12). Journey level Prevailing Wage Rates effective as of March 17, 2023 shall apply. Applicable rates can be found at https:Hsecure.ini.wa.gov/wagelookup/. All work should comply with the most current version of City's Design and Construction Standards and Specifications for Public Works Improvements which adopts the Washington State Department of Transportation (WSDOT) Standard Specifications for Road, Bridge, and Municipal Construction (2023). The American Public Works Association (APWA) General Special Provisions (GSP's) to Division One of WSDOT Standard Specifications shall amend Division One of the WSDOT Standard Specifications for Road, Bridge, and Municipal Construction. The Contractor shall be responsible for obtaining a City Right of Way permit prior to commencing work. Costs of all permits should be considered incidental to the work and included in the lump sum price. All quotes must be submitted utilizing the proposal from attached to this solicitation as Exhibit C, which includes all necessary bid documents (complete integral bid package). Quotes shall be submitted no later than 2:OOPM on March 17, 2023. Quotes shall be submitted in writing to cartwrightb@pasco-wa..gov. The subject line must read PWRF PIPELINE DAMAGE REPAIR (Columbia East FM Repair) -Request For Quote. Quotes shall be valid for twenty-one (21) days from quote due date as specified in this solicitation. The Contractor will be required to enter into a City of Pasco Small Works Contract . A template is attached to this solicitation as Exhibit D. The contractor shall be required to provide a one (1) year warranty for the work performed from the time that the work is accepted by the City of Pasco. Contractor's Responsibilities and Scope of Work • Traffic Control o Provide a traffic control plan two (2) working days prior to commencing work, Subject to Agency Approval ■ A road closure will be considered with an approved detour plan No overnight closures will be allowed Should the excavation not be backfilled prior to completion of the workday, a steel road plate rated to handle the heaviest anticipated commercial vehicle typical of the area should be placed over the exaction. Said road plate must be secured in place and the leading edges transitioned with cold mix asphalt o No work shall commence prior to Agency approval of the traffic control plan o Provide written notification to Property Owners adjacent to and within a 1000' radius of the work area o Provide all labor, equipment, and materials to implement approved traffic control plan o Remove all traffic control devices at completion of work Excavation o Provide all labor, equipment and materials excavate to an elevation to allow the damaged section of HDPE pipe to be repaired. This work will include: ■ Saw cutting the existing asphalt to the limits shown on the plans ■ Removal and disposal of the asphalt removed ■ Excavation to a depth that allows the necessary repairs to be made 20" HDPE Repair o Provide all labor, equipment, and materials to make the necessary repairs to the damaged section of HDPE pipe. The damage appears to be in an area that deflection of the pipe was used to maintain the designed alignment. It is assumed that the pipe will need to be pulled and potentially held in a straight alignment to allow the repair to be made. Depending on the extent of the deflection, it may be necessary to excavate up to 9' on either side of the damaged area in order to sufficiently straighten the HDPE pipe to allow the repair ■ Repairs will be made in place utilizing Electro-Fusion Couplings meeting the following product standards: ASTM D2513, D3261, D3350, F1055 and AWWA C906 ■ All repairs must be made by qualified personnel ■ All pipe must be cut, prepped, and repaired per the directions of the manufacturer of the Electro-Fusion Couplings and/or the manufacturer of the HDPE pipe ■ The City, at their discretion, may require testing of the repaired section per the requirements of the manufacturer of the approved repair coupler and/or the manufacturer of the existing HDPE pipe • Backfill o Provide labor, equipment, and materials to backfill the excavated area necessary to make the HDPE pipe repair. This work includes: ■ Bedding the exposed section of pipe with select native material. If the native material is unsuitable for bedding, the contractor must provide select import (sand or CSTC (crushed surface top course) to bed the pipe in for a minimum of one (1) foot on all sides of the pipe ■ Backfill above the bedding material with native material. Material must be placed in 8" lifts and compacted to a minimum of 95%. • Roadway Section Restoration o Provide labor, equipment, and materials to restore the roadway to the City of Pasco Truck Route Standard. All materials must meet City of Pasco Standards. ■ Provide labor, equipment, and materials to place and compact 8" of CSBC (crushed surface base course). Material must be water conditioned to within 1% of optimum and compacted to a minimum of 95%. ■ Provide labor, equipment, and materials to place and compact 2" of CSTC. Material must be water conditioned to within 1% of optimum and compacted to a minimum of 95%. ■ Provide labor, equipment, and materials to place and compact 485 square feet of HMA (4" in depth). Material must be compacted to a minimum of 92%. City of Pasco's Responsibilities • Review of all submittals (including traffic control plan and materials) in a timely manner • Provide inspection services at a level typical of a City of Pasco Capital Improvement Project • Provide materials testing including compaction testing of native backfill, CSBC, CSTC, and HMA. • Operate all valves necessary to isolate the section of pipe subject to the repair • Provide Vactor truck and crew to assist in draining the residual wastewater • Dispose of residual wastewater • Provide the necessary length of 20" DR 11 HDPE pipe to make repair la F lit o FWo p g Oo ps WF 1� �ma a pifo W �p w�o� , 1. i NA Q Z 8 za oo of >>i�oo� CSo =8 G S� o W- - - yi LU zw z � Vt HER S a �n iW'd Y rc n mg 0 Q W 5 a 3 0 0 0 0 Late N Z4133HS 33S - 3NIIH01VM ov+g£L'V1S 3NIlHO1VW I a i+o L o:--i E - ° dl 1 i E V I I Z......... _............... f .......... ........_ ...I _ URRR' Vip E 2 I .... .................Q........ e I �z�o E i iLL J K ILm ............ ..... i........ .......... .. O 1 a W ...... nTi LL O£ LKL 3 p11 i ggS 1 .......... ......... + o a, I E S H W i mRIM ............ fjQ" ............. man2 . —T — 7....6 rc i ...... ........................... .... ...oy gzx.. ." gp ma 34 N. =5W i EI.... I i '8R 1 .......g ... .......... a .._I I0 'j I i 00+6£L'V1S 3NIlHO1VW + n on rc� �s9., 9 r n+ 1 4 Oil d/ E, rti1 Ti .._ s EXHIBIT 1 B Proposal Bid Proposal Subcontract Disclosure Non -Collusion Declaration Prevailing Wage Rate Reference Mandatory Bidder Responsibility Checklist Certification of Compliance Wage Payment Statutes EXHIBIT 1 B CITY OF PASCO PROPSOAL - SCHEDULE OF PRICES PWRF PIPELINE DAMAGE REPAIR (COLUMBIA EAST FM REPAIR) Unit prices for all items, all extensions, and total amount of bid must be shown. ALL ENTRIES SHALL BE IN INK OR TYPED TO VALIDATE BID. BASIS OF AWARD FOR THIS PROJECT IS THE TOTAL OF SCHEDULE A ONLY. SCHEDULE A -BASE BID Total1(0111 tern Description QTY Unit Unit Price GENERAL.REWRMENTS 1 Lump Sum Price 1 1 LS 7 45-0 SCHEDULE A SUBTOTAL Z8 650 SALES TAX (8.9%) Z-; 5Cfl SCHEDULE A TOTALI V , ) qq a? The Proposal, Subcontractor Disclosure, Non -Collusion Declaration, Prevailing Wage Reference, Certification of Compliance with Wage Payment Statutes, and Acknowledgement of any Addenda shall be submitted as a complete integral bid package. The undersigned hereby agrees that the CIP Inspection Coordinator for the City of Pasco shall determine the actual amount of quantities and materials to be paid under the Contract for which this Proposal is made and that all material furnished and all work performed shall be strictly in accordance with the plans and specifications. The undersigned agrees that if awarded the contract, he will commence work on the date indicated on the written Notice to Proceed and that substantial completion shall be no later than 5 working days from notice to proceed. The undersigned further agrees to pay as liquidated damage for each consecutive working day thereafter as provided in the current Standard Specification for road, bridge, and Municipal Construction Section 1-08.9. Receipt is hereby acknowledged of addendum(s) No.(s) 4 & DATED AT %W .4 Wm THIS 7' DAY OF /IoLn ,2023 SIGNED: N . n..'"° TITLE: f%D ' /�L4nIlaC,,o PRINTED NAME: Rav Poland & Sons, Inc. NAME OF COMPANY: 503 W. Columbia Dr. i � r�.�a ���1 �' .�ons 1��� _ -� -- . - --- ice. Box 6772 ADDRESS: �� �✓ • r<o �►�►� a ,l�r, Kennewick WA 99336 Ph. ) 586-2158 0 Fax (509) 585-0244 TELEPHONE:_ _ _ . _ 96- 7—IS-8 MAY POS*243JE STATE CONTRACTOR'S LICENSE NO.:,%���`k'-$ ZSS FEBRUARY 2023 23 492 — PWRF PIPELINE DAMAGE REPAIR (COLUMBIA EAST FM REPAIR) SUBCONTRACT DISCLOSURE All Subcontractors must be qualified in accordance with Pasco Municipal Code 14.15, at the time of bid submittal. Bidder acknowledges that work performed by a non -qualified subcontractor will not be accepted by the City of Pasco. We, the undersigned, intend to employ the following subcontractors, in order to fully perform the work outlined in these specifications, as required by RCW 39.30.060. Further, we acknowledge that qualification of subcontractors must be in place no later than when subcontractors are required to perform any work on the project. We intend to employ the firm(s) of: NAME ADDRESS UBI # List Item Number (Electrical) 2) (Plumbing) 3) (HVAC) (Structural Steel Installation) (Rebar Installation) 6 < , �i Z3 W pt s c�1, Cs AV(- 7) and represent and warrant that the work will be performed by said subcontractors in a good and workmanlike manner and under our direct supervision. We further represent and warrant that the work to be performed by them constitutes approximately &V6 percent of the total dollar value of said contract. Description of work to be performed by Prime Contractor: FIRM: Ray Poland & Sons, Inc. 503 W. Columbia Dr. NAME: ADDRESS: Kennewick WA 99336 Fax (509) 5R5-0244 _ RAYPOS*243JE TELEPHONE: EMAIL: S IA L G, GD,V%_�__ SD-1 PREVAILING WAGE RATE REFERENCE The State of Washington prevailing wage rates applicable for this public works project, which is located in Franklin County, may be found at the following website address of the Department of Labor & Industries: https;//secure.ini.wa.gov/AgggLookupi Based on the bid submittal deadline for this project, the applicable effective date for prevailing wages for this project is March 17, 2023. A copy of the applicable prevailing wage rates are also available for viewing at the office of the Public Works Director, located at 525 North 3rd, Pasco, Washington. Upon request, the City will mail a hard copy of the applicable prevailing wages for this project. Please forward your request in writing to the address above, or by calling (509) 544-4135. PWR-1 Mandatory Bidder Responsibility Checklist General Information Project Name: Contract Number: PWRF PIPELINE DAMAGE REPAIR (Columbia East FM Repair) Contract No: 23492 Bidder's Business Name: Bid Submittal Deadline: c X'+'L4 ).w 2:00pm - March 17, 2023 D a�.� 7OnS Contractor Registration - hftps://secure.Ird.wa.govtvelity License Number: Status: Active: Yes Na ❑ Effective Date (must be effective on or before Bid Submittal Deadline): Expiration Date: q-ZI-Z3 Current UBI Number-https:!/secure.lni.wa. ov/verity _ UBI Number: -7 Account Closed: / - / D D - I B b - ZLva Open 0 Closed ❑ Industrial Insurance Coverage-httpsJ/secure.ini.wa.govtverify Account Number. Account Current: 3 6 Z I P)3l- 007- YesCR No Employment Security Department Number Employment Security Department Number. HDI TU bor) Required Public Works Training - Effective as of July 1, 2019 Per RCW 39.04.350 and RCW 39.06,020, has contractor had L & I training or meet exemption? Yes IM No ❑ Employer Identification Number (EINj EIN#: 1 - O ct 5-5-Z-5-1 Not Disqualified from Bidding Federal- https://www.sam.gov/SAM/la esipub ic/searchRecords/search.isf Is the Bidder listed on the Federal Debarment and Suspension Database? Yes ❑ No gr Not Disqualified from Bidding Washington State - https•//secure ini wa.gov/debarandstrike/ContractorDebarUst.aspx Is the Bidder listed on the "Contractors Not Allowed to Bid" list of the Department of Labor and Industries? Yes ❑ No 18 Wage Payment Status Compliance — RCW 39.04.350 (1g) _ Sworn statement or verification form received acknowledging compliance? Yes UL No ❑ City of Pasco Business License — If NIA, must be obtained prior to commencement of work Business License Number. Account Current: Yes 01 No ❑ To Be Filled out by City of Pasco------------- -- Checked by City of Pasco Employee: Name: Dustin C Wittman MBRC-1 Date: 3.20.2023 Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date March 17, 2023, the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Bidder's usiness Name bmk � aiwr� - Signature o Authorized Official* -- amty _t (A,W� Printed Nar je No ,;;f Title b-ateP State or country Check One: Sole Proprietorship ❑ Partnership ❑ Joint Venture ❑ Corporation 0 State of Incorporation, or if not a corporation, State where business entity was formed: CA i IN, To ✓L If a co -partnership, give firm name under which business is transacted: * If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co -partnership, proposal must be executed by a partner. CCWPS-1 Performance Bond CONTRACTOR: (Name, legal status and address) Ray Poland & Sons, Inc P.O. Box 6772 Kennewick, WA 99336 OWNER: (Name, legal status and address) City of Pasco / Public Works Engineering 525 North 3rd Ave Pasco, WA 99301 CONSTRUCTION CONTRACT Date: civaET Bond No.30148937 SURETY: Western Surety Company (Name, legal status and principal place of business) 151 N. Franklin Street 17th Floor Chicago, IL 60606 Amount: $31,199.85 Thirty One Thousand One Hundred Ninety Nine Dollars and 85/100 Description: (Name and location) PWRF Pipeline Damage Repair (Columbia East Forcemain Repair) Project #23492 BOND March 21, 2023 Date: (Not earlier than Construction Contract Date) Amount: $31,199.85 Thirty One Thousand One Hundred Ninety Nine Dollars and 85/100 Modifications to this Bond: X❑ None ❑ See Section 16 CONTRACTOR AS PRINCIPAL, SURETY Company: (Corporate Seal) Company: R Ray Poland & Sons, Inc Western Sure mp y Signature: Signat Name -� - Name Yesica Pen z and Title: and ' le: Atto ey-i17-F (Any additional signatures appear on the last page of this Performonce BoA.) This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This Is not a single combined Performance and Payment Bond. (FOR INFORMATION ONLY— Name, address and telephone) L---- AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party.) PayneWest Insurance, Inc. 390 Bradley Boulevard Richland, WA 99352 Printed in cooperation with the American Institute of Architects (AIA). The language in this document conforms to the language used in AIA DocumentA312 - Performance Bond - 2010 Edition. CA § I The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to he prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. Printed in cooperation with the American Institute of Architects (AIA). The language in this document conforms to the language used in AIA Document A312 - Performance Bond - 2010 Edition. 2 § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Printed in cooperation with the American Institute of Architects (AIA). The language in this document conforms to the language used in AIA Document A312 - Performance Bond - 2010 Edition. 3 § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seat) Signature: Name and Title: Address Signature: Name and Title: Address Printed in cooperation with the American Institute of Architects (AIA). The language in this document conforms to the language used in AIA DocumentA312 - Performance Bond - 2010 Edition. CNASURETY Payment Bond CONTRACTOR: (Name, legal status and address) Ray Poland & Sons, Inc P.O. Box 6772 Kennewick, WA 99336 OWNER: (Name, legal status and address) City of Pasco / Public Works Engineering 525 North 3rd Ave Pasco, WA 99301 CONSTRUCTION CONTRACT Date: Bond No.30148937 SURETY: Western Surety Company (Name, legal status and principal place of business) 151 N. Franklin Street 17th Floor Chicago, IL 60606 Amount: $31,199.85 Thirty One Thousand One Hundred Ninety Nine Dollars and 85/100 Description: (Name and location) PWRF Pipeline Damage Repair (Columbia East Forcemain Repair) Project #23492 BOND Date: March 21, 2023 (Not earlier than Construction Contract Date) This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. Amount: $31,199.85 Thirty One Thousand One Hundred Ninety Nine Dollars and 85/100 Modifications to this Bond: X None ❑ See Section 18 CONTRACTOR AS PRINCIPAL, SURETY Company: (Corporate Seat) Company: Ray Poland & Sons, Inc Western Surety ompany 41 Signature: Q .h A / c Signat Name - Name esica z and Title: L�,a��-� ,L I %f xc� � u and T' le: Attorn -in- act (Any additional signatures appear on the last page of this Payment ond. / (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party.) PayneWest Insurance, Inc. 390 Bradley Boulevard Richland, WA 99352 Printed in cooperation with the American Institute of Architects (AIA). The language in this document conforms to the language used in AIA Document A312 - Payment Bond - 2010 Edition, 5 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. Printed in cooperation with the American Institute of Architects (AIA). The language in this document conforms to the language used in AIA Document A312 - Payment Bond - 2010 Edition. 6 § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is Iocated or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other Iegal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the Iabor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; A a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, Iight, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Printed in cooperation with the American Institute of Architects (AIA). The language in this document conforms to the language used in AIA Document A312 - Payment Bond - 2010 Edition. 7 § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address Signature: Name and Title: Address Printed in cooperation with the American Institute of Architects (AIA). The language in this document conforms to the language used in AIA Document A312 - Payment Bond - 2010 Edition. 8 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Yesica Perez, Individually of, Richland, WA , its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - SuretyBona No.: 30148937 Principal: Ray Poland & Sons, Inc obligee: City of Pasco / Public Works Engineering and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 16th day of June, 2021. ?�c WESTERN SURETY COMPANY aul 7. Bruflat, Vice President State of South Dakota ss County of Minnehaha On this 16th day of June, 2021, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires M. BENT 3 March 2, 2026 - ouoarr, NrAK�vKrKM.rYN\\\�M CERTIFICATE M. Bent, Notary Public 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 21 st day of March, 2023. E'' WESTERN SURETY COMPANY �p40gq� ss��$$ssss yM e :k Form F4280-7-2012 • L. Nelson, Assistant Secretary Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. �•., RAYPOLA-01 .a►� o' CERTIFICATE OF LIABILITY INSURANCE CMOORE DATE(MM/DDNYYY) 3/21 /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 endorsements . PRODUCER Richland Office PayneWest Insurance, a Marsh McLennan Agency LLC Company 390 Bradley Blvd. Richland, WA 99352 NAMEACT Cheryl Moore (A �N o, E,t), (509) 946-2635 � /C, No): J oWks, cmoore@paynewest.com INSURE S AFFORDING COVERAGE NAIL # INSURER A: Cincinnati Insurance Company 10677 INSURED Ray Poland & Sons, Inc 503 W Columbia Dr Kennewick, WA 99336 INSURER B : Navigators Specialty Insurance Company 36056 INSURER C : Federal Insurance Company 20281 INSURER D : INSURER E INSURER F : ewe. DCVIQlr%FJ WIIMRFR- IiVYCRMV GJ---------- ---- 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 A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE � OCCUR X X EPP 0609363 3/31/2022 3/31/2023 PREMGESO a=cRENurr n $ 110,000 MED EXP An one person)10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY �X JECT LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG 2,000,000 WA STOP GAP 11000,000 A OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT E ac.i n 1,000,000 $ BODILY INJURY Perperson) $ X ANY AUTO EPP 0609363 3/31/2022 3/31/2023 BODILY INJURY Per accident $ OWNED SCHEDULED AUTOS ONLY AUTOS �( HIREDNON-OWNED AUTOS ONLY AUTOS ONLY ectleDAMAGE rran $ A X UMBRELLA LIAB EXCESS LIAB I X OCCUR CLAIMS -MADE EPP 0609363 3/31/2022 3131/2023 EACH OCCURRENCE $ 5,000,000 AGGREGATE 51000,000 DIED I X I RETENTION$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A H PTAT TE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYE E.L. DISEASE - POLICY LIMIT Policy Limit 3,000,000 B If yes, describe under DESCRIPTION OF OPERATIONS below Excess Liability SE22EXCZ07N81IC 3/3112022 3/31/2023 C Motor Truck Cargo 06685747WUC 3/31/2022 3/31/2023 Pol Limit 750,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required RE: Project#23492, PWRF Pipeline Damage Repair (Columbia East FM Repair). City of Pasco is included as an ad (tonal insured perform GA472 (09118) attached which includes Primary & Non-contributory, Waiver of Subrogation and Completed Ops wording. City of Pasco Public Works Dept P.O. Box 293 Pasco, WA 99301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. EPRESENTATIVE hlpl� ACORD 25 (2016/03) ©1933-2015 AGUKU GUKNUKA I IUN. AU ngnis reserves. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL INSURED - AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT, PERMIT OR AUTHORIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Insured - Owners, Lessees Or Contractors - Automatic Status For Other Parties When Required In Written Contract Or Agreement With You 1. Section II - Who Is An Insured is amended to include as an additional in- sured any person or organization you have agreed in writing in a contract or agreement to add as an additional in- sured on this Coverage Part. Such per- son(s) or organization(s) is an additional insured only with respect to liability for: a. "Bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by the performance of your ongoing opera- tions by you or on your behalf, under that written contract or written agreement. Ongoing operations does not apply to "bodily injury" or "proper- ty damage" occurring after: (1) 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 additional insured(s) at the loca- tion of the covered operations has been completed; or (2) That portion of 'your work" out of which the injury or damage aris- es has been put to its intended use by any person or organiza- tion other than another contrac- tor or subcontractor engaged in performing operations for a prin- cipal as a part of the same pro- ject; and b. "Bodily injury" or "property damage" caused, in whole or in part, by "your work" performed under that written contract or written agreement and in cluded in the "products -completed operations hazard", but only if: (1) The Coverage Part to which this endorsement is attached pro- vides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard"; and (2) The written contract or written agreement requires you to pro- vide additional insured coverage included within the "products - completed operations hazard" for that person or organization. If the written contract or written agreement requires you to provide additional insured coverage included within the "products -completed oper- ations hazard" for a specified length of time for that person or organiza- tion, the "bodily injury" or "property damage" must occur prior to the ex- piration of that period of time in order for this insurance to apply. If the written contract or written agreement requires you to provide additional insured coverage for a person or organization per only ISO additional insured endorsement form number CG 20 10, without specifying an edition date, and without specifi- cally requiring additional insured coverage included within the "prod- ucts -completed operations hazard", this Paragraph b. does not apply to that person or organization. 2. If the written contract or written agree- ment described in Paragraph 1. above specifically requires you to provide addi- tional insured coverage to that person or organization: a. Arising out of your ongoing opera- tions or arising out of 'your work'; or Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission. Page 1 of 3 b. By way of an edition of an ISO addi- tional insured endorsement that in- cludes arising out of your ongoing operations or arising out of "your work"; then the phrase caused, in whole or in part by in Paragraph A.1.a. and/or Para- graph A.1.b. above, whichever applies, is replaced by the phrase arising out of. 3. With respect to the insurance afforded to the additional insureds described in Para- graph A.1., the following additional exclu- sion applies: This insurance does not apply to "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: a. The preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hir- ing, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "prop- erty damage", or the offense which caused the "personal and advertising inju- ry", involved the rendering of, or the fail- ure to render, any professional architec- tural, engineering or surveying services. 4. This Paragraph A. does not apply to addi- tional insureds described in Paragraph B. B. Additional Insured - State Or Governmental Agency Or Subdivision Or Political Subdi- vision - Automatic Status When Required In Written Permits Or Authorizations 1. Section II - Who Is An Insured is amended to include as an additional in- sured any state or governmental agency or subdivision or political subdivision you have agreed in writing in a contract, agreement, permit or authorization to add as an additional insured on this Coverage Part. Such state or governmental agency or subdivision or political subdivision is an additional insured only with respect to op- erations performed by you or on your be- half for which the state or governmental agency or subdivision or political subdivi- sion issued, in writing, a contract, agree- ment, permit or authorization. 2. With respect to the insurance afforded to the additional insureds described in Para- graph B.1., the following additional exclu- sions apply: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" aris- ing out of operations performed for the federal government, state or mu- nicipality; or b. "Bodily injury" or "property damage" included within the "products - completed operations hazard." C. The insurance afforded to additional insureds described in Paragraphs A. and B.: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract, writ- ten agreement, written permit or written authorization to provide for such addition- al insured; and 3. Does not apply to any person, organiza- tion, state, governmental agency or sub- division or political subdivision specifically named as an additional insured for the same project in the schedule of an en- dorsement added to this Coverage Part. D. With respect to the insurance afforded to the additional insureds described in Paragraphs A. and B., the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the addi- tional insured is the amount of insurance: 1. Required by the written contract, written agreement, written permit or written au- thorization described in . Paragraphs A. and B.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the appli- cable Limits of Insurance shown in the Decla- rations. E. Section IV - Commercial General Liability Conditions is amended to add the following: Automatic Additional Insured Provision This insurance applies only if the "bodily inju- ry" or "property damage" occurs, or the "per- sonal and advertising injury" offense is com- mitted: 1. During the policy period; and Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission. Page 2 of 3 2. Subsequent to your execution of the writ- ten contract or written agreement, or the issuance of a written permit or written au- thorization, described in Paragraphs A. and B. F. Except when G. below applies, the following is added to Section IV - Commercial General Liability Conditions, S. Other Insurance, and supersedes any provision to the contrary: When Other Additional Insured Coverage Applies On An Excess Basis This insurance is primary to other insurance available to the additional insured described in Paragraphs A. and B. except: 1. As otherwise provided in Section IV - Commercial General Liability Condi- tions, S. Other Insurance, b. Excess In- surance; or 2. For any other valid and collectible insur- ance available to the additional insured as an additional insured by attachment of an endorsement to another insurance policy that is written on an excess basis. In such case, this insurance is also excess. H. G. The following is added to Section IV - Com- mercial General Liability Conditions, S. Other Insurance, and supersedes any provi- sion to the contrary: Primary Insurance When Required By Writ- ten Contract, Agreement, Permit Or Au- thorization Except when wrap-up insurance applies to the claim or "suit" on behalf of the additional in- sured, this insurance is primary to any other insurance available to the additional insured described in Paragraphs A. and B. provided that: 1. The additional insured is a Named In- sured under such other insurance; and 2. You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A. or B. that this in- surance would be primary to any other in- surance available to the additional in- sured. As used in this endorsement, wrap-up insur- ance means any insurance provided by a con- solidated (wrap-up) insurance program. Primary And Noncontributory Insurance When Required By Written Contract, Agreement, Permit Or Authorization Except when wrap-up insurance applies to the claim or "suit' on behalf of the additional in- sured, this insurance is primary to and will not seek contribution from any other insurance available to the additional insured described in Paragraphs A. and B. provided that: 1. The additional insured is a Named In- sured under such other insurance; and 2. You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A. or B. that this in- surance would be primary and would not seek contribution from any other insur- ance available to the additional insured. As used in this endorsement, wrap-up insur- ance means any insurance provided by a con- solidated (wrap-up) insurance program. Section IV - Commercial General Liability Conditions, 9. Transfer Of Rights Of Re- covery Against Others To Us is amended by the addition of the following: We waive any right of recovery we may have against any additional insured under this en- dorsement against whom you have agreed to waive such right of recovery in a written con- tract, written agreement, written permit or writ- ten authorization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract, written agreement, written permit or written authorization. However, our rights may only be waived prior to the "occur- rence" 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. Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission. Page 3 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPlusO BUSINESS AUTO XC+° (EXPANDED COVERAGE PLUS) ENDORSEMENT This endorsement modifies insurance provided by 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. A. Blanket Waiver of Subrogation SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, S. Transfer of Rights of Recovery Against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", provid- ed the "bodily injury" or "property damage" oc- curs subsequent to the execution or the "in- sured contract". B. Noncontributory Insurance SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 5. Other In- surance c. is deleted in its entirety and re- placed by the following: c. Regardless of the provisions of Par- agraph a. above, this Coverage Form's Liability Coverage is primary and we will not seek contribution from any other insurance for any lia- bility assumed under an "insured contract" that requires liability to be assumed on a primary noncontributo- ry basis. C. Additional Insured by Contract This provision does not apply unless the valid written contract has been: 1. Executed prior to the accident causing "bodily injury" or "property damage"; and 2. Is still in force at the time of the "accident" causing "bodily injury" or "property dam- age". D. Employee Hired Auto 1. Changes in Liability Coverage The following is added to the SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes in General Conditions SECTION IV - BUSINESS AUTO CON- DITIONS, B. General Conditions, S. Other Insurance is deleted in its entirety and replaced by the following: b. For Hired Auto Physical Damage Coverage the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured is amended (2) Any covered "auto" hired or to include as an insured any person or organi- rented by your "employee" under a contract in that individual "- zation for whom you have agreed in a valid per - written contract to provide insurance as af- mission, name, with your per - written m forded by this policy. mission, while performing duties related to the conduct of your This provision is limited to the scope of the business. valid written contract. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 1 of 4 However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". E. Audio, Visual and Data Electronic Equip- ment SECTION III - PHYSICAL DAMAGE COV- ERAGE, C. Limit of Insurance is amended by adding the following: 4. The most we will pay for all "loss" to au- dio, visual or data electronic equipment and any accessories used with this equipment as a result of any one "acci- dent" is the lesser of. a. The actual cash value of the dam- aged or stolen property as of the time of the "accident"; b. The cost of repairing or replacing the damaged or stolen property with oth- er property of like kind and quality; or c. $2,500. Provided the equipment, at the time of the "loss" is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; b. Removable from a permanently in- stalled housing unit as described in Paragraph 2.a. above; or c. An integral part of such equipment. F. Who is an Insured - Amended SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured is amended by adding the following: The following are "insureds": 1. Any subsidiary which is a legally incorpo- rated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this cover- age form. However, the insurance afforded by this provision does not apply to any subsidiary that is an "insured" under any other au- tomobile liability policy or would be an "in- sured" under such policy but for termina- tion of such policy or the exhaustion of such policy's limits of insurance. 2. Any organization that is newly acquired or formed by you and over which you main- tain majority ownership. The insurance provided by this provision: a. Is effective on the date of acquisition or formation, and is afforded for 180 days after such date; b. Does not apply to "bodily injury" or "property damage" resulting from an "accident" that occurred before you acquired or formed the organization; c. Does not apply to any newly acquired or formed organization that is a joint venture or partnership; and d. Does not apply to an insured under any other automobile liability policy or would be an insured under such a policy but for the termination of such policy or the exhaustion of such poli- cy's limits of insurance. 3. Any of your "employees" while using a covered "auto" in your business or your personal affairs, provided you do not own, hire or borrow that "auto". G. Liability Coverage Extensions - Supple- mentary Payments - Higher Limits SECTION II - LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Sup- plementary Payments is amended by: 1. Replacing the $2,000 Limit of Insurance for bail bonds with $4,000 in (2); and 2. Replacing the $250 Limit of Insurance for reasonable expenses with $500 in (4). H. Amended Fellow Employee Exclusion SECTION 11 - LIABILITY COVERAGE, B. Ex- clusions, 5. Fellow Employee is modified as follows: Exclusion S. Fellow Employee is deleted. I. Hired Auto - Physical Damage If hired "autos" are covered "autos" for Liability Coverage, then Comprehensive and Collision Physical Damage Coverages as provided un- der SECTION III - PHYSICAL DAMAGE COVERAGE of this Coverage Part are ex- tended to "autos" you hire, subject to the fol- lowing: 1. The most we will pay for "loss" to any hired "auto" is $50,000 or the actual cash value or cost to repair or replace, which- ever is the least, minus a deductible. 2. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage, or $1,000, whichever is less. 3. Hired Auto - Physical Damage coverage is excess over any other collectible insur- ance. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 2 of 4 4. Subject to the above limit, deductible, and excess provisions we will provide cover- age equal to the broadest coverage appli- cable to any covered "auto" you own in- sured under this policy. Coverage includes loss of use of that hired au- to, provided it results from an "accident" for which you are legally liable and as a result of which a monetary loss is sustained by the leasing or rental concern. The most we will pay for any one "accident" is $3,000. If a limit for Hired Auto - Physical Damage is shown in the Schedule, then that limit replac- es, and is not added to, the $50,000 limit indi- cated above and the deductibles shown in the Schedule are applicable. J. Rental Reimbursement SECTION III - PHYSICAL DAMAGE COV- ERAGE is amended by adding the following: 1. We will pay for rental reimbursement ex- penses incurred by you for the rental of an "auto" because of a "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each cov- erage you have on a covered "auto". No deductible applies to this coverage. 2. We will pay only for those expenses in- curred during the policy period beginning 24 hours after the "loss" and ending, re- gardless of the policy's expiration, with the lesser of the following number of days: a. The number of days reasonably re- quired to repair the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you; or b. 30 days. 3. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses in- curred; or b. $50 per day. 4. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. K. Transportation Expense - Higher Limits SECTION III - PHYSICAL DAMAGE COV- ERAGE, A. Coverage, 4. Coverage Exten- sions is amended by replacing $20 per day with $50 per day, and $600 maximum with $1,500 maximum in Extension a. Transpor- tation Expenses. L. Airbag Coverage SECTION III - PHYSICAL DAMAGE COV- ERAGE, B. Exclusions, 3.a. is amended by adding the following: However, the mechanical and electrical breakdown portion of this exclusion does not apply to the accidental discharge of an airbag. This coverage for airbags is excess over any other collectible insurance or warranty. M. Loan or Lease Gap Coverage 1. SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance is deleted in its entirety and replaced by the following, but only for private passenger type "autos" with an original loan or lease, and only in the event of a "total loss" to such a private passenger type "auto": a. The most we will pay for "loss" in any one "accident" is the greater of: (1) The amount due under the terms of the lease or loan to which your covered private passenger type "auto" is subject, but will not include: (a) Overdue lease or loan pay- ments; (b) Financial penalties imposed under the lease due to high mileage, excessive use or abnormal wear and tear; (c) Security deposits not re- funded by the lessor; (d) Costs for extended warran- ties, Credit Life Insurance, Health, Accident or Disabil- ity Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases, or S. We will pay under this coverage only that (2) Actual cash value of the stolen amount of your rental reimbursement ex- or damaged property. penses which is not already provided for b. An adjustment for depreciation and under SECTION III - PHYSICAL DAM- physical condition will be made in de - AGE COVERAGE, A. Coverage, 4. termining actual cash value at the Coverage Extensions. time of "loss". Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 3 of 4 2. SECTION V - DEFINITIONS is amended by adding the following, but only for the purposes of this Loan or Lease Gap Coverage: "Total loss" means a "loss" in which the cost of repairs plus the salvage value ex- ceeds the actual cash value. N. Glass Repair -Waiver of Deductible SECTION III - PHYSICAL DAMAGE COV- ERAGE, D. Deductible is amended by adding the following: No deductible applies to glass damage if the glass is repaired in a manner acceptable to us rather than replaced. O. Duties in the Event of an Accident, Claim, Suit or Loss - Amended SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss, a. is amended by adding the following: This condition applies only when the "acci- dent' 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 manag- er, if you are a corporation; or 4. A member or manager, if you are a lim- ited liability company. P. Unintentional Failure to Disclose Hazards SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 2. Conceal- ment, Misrepresentation or Fraud is amended by adding the following: However, if you unintentionally fail to disclose any hazards existing on the effective date of this Coverage Form, we will not deny cover- age under this Coverage Form because of such failure. Q. Mental Anguish Resulting from Bodily Inju- ry SECTION V - DEFINITIONS, C. 'Bodily inju- ry" is deleted in its entirety and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including men- tal anguish and death sustained by the same person that results from such bodily injury, sickness or disease. 'Bodily injury" does not include mental anguish or death that does not result from bodily injury, sickness or disease. R. Coverage for Certain Operations in Con- nection with Railroads With respect to the use of a covered "auto" in operations for or affecting a railroad: 1. SECTION V - DEFINITIONS, H. "Insured contract", 1.c. is deleted in its entirety and replaced by the following: c. An easement or license agreement; 2. SECTION V - DEFINITIONS, H. "Insured contract", 2.a. is deleted. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 4 of 4