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been physically injured), cleanup costs, remediation, disposal or <br />other handling of pollutants, including costs and expenses incurred <br />in the investigation, defense, or settlement of claims arising out of: <br />• successful bidder's operations related to this project; and/or <br />• Remediation, abatement, repair, maintenance or other work <br />with lead-based paint or materials containing asbestos; <br />and/or <br />• Transportation of hazardous materials away from any site <br />related to this project <br />• Such Pollution Liability policy shall provide the following minimum <br />coverage: <br />• $1,000,000 each loss and <br />• $2,000,000 annual aggregate <br />The Vendor shall furnish the County a certificate of insurance with Endorsement as <br />evidence that policies providing insurance required by this Agreement are in full force <br />and effect. The Vendor hereby waives all rights of recourse, including any right to which <br />another may be subrogated, against Kittitas County for personal injury, including death, <br />and property damage. The Vendor's insurance policies required above shall be primary <br />insurance and shall be non-contributing with any other insurance maintained by Kittitas <br />County. <br />The Vendor shall assume full responsibility for all loss or damage from any cause <br />whatsoever to any tools, Vendor's employee -owned tools, machinery, equipment, or <br />motor vehicles owned or rented by the Vendor, or the Vendor's agents, suppliers or <br />contractors as well as to any temporary structures, scaffolding and protective fences. <br />The Vendor shall have sole responsibility for determining the insurance coverage <br />and limits required, if any, to be obtained by subcontractors, which determination shall <br />be made in accordance with reasonable and prudent business practices. <br />NOTE: No contract shall form until and unless a copy of the Certificate of <br />Insurance with Endorsement, properly completed and in the amount required, is <br />attached hereto. <br />PERFORMANCE GUARANTEE <br />Equipment and/or operator bid for the purpose expressed by this contract must be <br />capable of doing the intended work and if subsequent usage proves otherwise, the <br />equipment and/or operator shall be immediately terminated and replaced by the <br />Contractor. <br />It shall be the duty of the Bidder to submit his bid before the hour and date specified. <br />Kittitas County shall assume no responsibility for the delay in U.S. Mail Service resulting <br />in a bid being received late. No oral, telephonic, facsimile, telegraphic or electronic bids <br />or modifications will be accepted. <br />2019 Sealed Bid for Herbicide Application 6 <br />