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HomeMy WebLinkAbout13-02 Cobra building Envelopes CITY OF AUBURNPeter B. Lewis, Mayor WASHINGTON 25 West Maln Street * Auburn'WA 98001-4998 * www.auburnwa.gov * 253-931-3000 March 26,.2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED Cobra Building Envelopes 122037 th Street NW Auburn, WA 98001 NOTICE TO PROCEED I RE: City Hall Conference Room 2 Roof Replacement,,Contract#13-02 i I You are hereby notified to proceed as March 29, 20.13 with the work on the above-referenced project, within the time period specified, in accordance with the provisions of the contract documents, copy enclosed. This project has 30 working days.for completion. { 1 If you have any questions, please contact the Facilities:Manager Lisa Moore at 253-288=31.58, or the Contract Administration Specialist JoAnne Andersen at 253-931-3012. Sincerely, i I Dennis Selle, P.E. City Engineer/Assistant PW Director Department of Public Works DS7ja/mh Enclosure cc: Dani Daskam, City Clerk 1 Lisa Moore, Facilities Manager ` File 13.11 Contract 13-02 I i AUBUP,N * MORE THAN YOU IMAGINED j I PUBLIC WORD CONTRACT NO.13-02 City Hall Conference Room#2 Roof Replacement THIS CONTRACT is entered into between the City of Auburn,a Washington Municipal Corporation("City"),and Cobra Building Envelope Contractors,Inc,("Contractor"),whose mailing address is 1220 37`x'Street NW,Auburn,WA 98001. The parties agree as follows: I. CONTRACTOR SERVICES. The Contractor shall do all work and furnish all tools,materials and equipment for the construction of Contract 13-02, City Hall Conference Room 2 Roof Replacement,in accordance with this Contract form and as shown on the attached Exhibit A,which is by this reference incorporated herein and made a part hereof. The complete Contract includes the following parts,which are by this reference incorporated herein and made a part hereof. At ly inconsistency in the parts of the Contract shall be resolved by the order in which they are listed: 1. Public Work Contract 2. Exhibit A 3. Washington State Department of Labor&-Industries Prevailing Wage Rates and'�� Benefit Key Code effective February 20,2013. In case of any ambiguity or dispute over interpreting the Contract,the City Engineer's decision will be final. II. CITY OF AUBURN BUSINESS LICENSE REQUIRED. In order to do business in the City of Auburn,you are required to have a current City of Auburn business license. All subcontractors and lower tier subcontractors working on the project must also have a City of Auburn business license. III. NOTICE TO PROCEED: A Notice to Proceed will be issued once the Contract has been fully executed by the Contractor and City,and all required documents as set forth in this Contract and all requirements as set forth in the award letter have been met. IV. TIME OF COMPLETION. The Contractor shall complete the work within 30 working days from the date of issuance of the City's Notice to Proceed, V. HOURS OF WORK. Normal working hours for the Contract shall be any consecutive 8- hour period between 7:00 a.m.and 6:00 p.m.,Monday through Friday. If the Contractor desires to perform work on holidays,Saturdays, Sundays,or between the hours of 6:00 p.m. and 10:00 p.m. on any day,the Contractor shall apply in writing to the Engineer for permission to work such times. Permission to work longer than an 8-hour period between PUBLIC WORK CONTRACT NO.13.02 February 20,2013 Page I of 12 7:00 a.m.and 6:00 p.m.is not required, Such requests shall be submitted to the Engineer two (2)working days prior to the day for which the Contractor is requesting permission to work. The City reserves the right to grant or deny any such request at its sole discretion. Permission to work between the hours of 10:00 p.m,and 7:00 a.m.during weekdays and between the hours of 10:00 p.m.and 9:00 a.m.on weekends or holidays may also be subject to noise control requirements,as indicated in Auburn City Code Chapter 8,28.010 entitled "Noise Control." If the Contractor desires to work during restricted times,the Contractor shall submit a written request to the Engineer fourteen(14)calendar days prior to the day for which the Contractor is requesting permission to work. The written request will include i specific days and times and description of work to be performed and the reasons the work cannot be performed during the normal hours of work, The City reserves the right to grant or deny any such request at its sole discretion, If approval is granted, it may be revoked at any time the City receives complaints from the public or adjoining property owners regarding the noise from the Contractor's operations. The Contractor shall have no claim for damages or delays should such permission bo revoked for any reason. VI. COMPENSATION. The Contractor shall do all work and furnish all tools,materials,and equipment for the work and services contemplated in this Contract for the lump sum price of nineteen thousand eight hundred forty dollars($19,840.00)and Washington State Sales Tax of one thousand eight hundred eighty-four dollars and eighty cents($1,884.80)for a total of twenty-one thousand seven hundred twenty-four dollars and eighty cents($21,724.80). Our sales tax area is 1702 for King County. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form,for the Contractor and each and every Subcontractor, has been approved by the State Department of Labor&Industries,and is received by the City. A. Performance Bond. The Contractor shall finnish the City with an executed performance bond for the full Contract amount of twenty-one thousand seven hundred twenty-four dollars and eighty cents($21,724.80). This requirement may be waived if the Contractor chooses Option 2 of Section VI.B,"Retainage,"below. B. Rptainage. The Contractor may elect to(1)furnish a performance bond in accordance with Section Vl,A,in which case the City shall hold back retainage in the amount of five percent(5%)of any and all payments made to the Contractor,or(2)have the City retain, in lieu of the performance bond,fifty percent(50%)of the total Contract amount, pursuant to RCW 39.08.010, The Contractor shall execute a"Declaration of Option for Performance Bond or Additional Retainage"to indicate his/her option. In either case, the Contractor can choose to have the retainage held by the City in a non-interest bearing PUBLIC WORK CONTRACT N0.13-02 Febniary 20,2013 Page 2 or 12 account,have it placed in all Escrow(interest bearing)Account,or submit a bond in lien of retainage. Said retainage shall be held by the City for a period of thirty(30)days after the date of final acceptance,or until receipt of all necessary releases from the State Department of Revenue and State Employment Security Department, including Affidavits of Wages paid for the Contractor and each and every subcontractor,and until settlement of any liens filed under Chapter 60.28 RCW,whichever is later. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from i the Contractor for any defective or unauthorized work. Defective or unauthorized work includes,without limitation: work and materials that do not conform to the requirements of this Contract;and extra work and materials furnished without the City's written approval. If the Contractor is unable,for any reason,to satisfactorily complete any portion of the work,the City may complete the work by contract or otherwise,and the Contractor shall be liable to the City for any additional costs incurred by the City, i i "Additional costs"shall mean all reasonable costs,including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any additional costs,from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. The making of final payment(excluding withheld retainage)shall constitute a waiver of claims,except those previously and properly made and identified by the Contractor as unsettled at the time request for final payment is made. VII. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Contract, the City being interested only in the results obtained under this Contract. VIII. SUBCONTRACTING. Work done by the Contractor's own organization shall account for at least 30(thirty)percent of the awarded Contract price. Before computing this percentage however,the Contractor may subtract(from the awarded Contract price)the costs of any subcontracted work on items the Contract designates as specialty items. The Contractor shall not subcontract work unless the City approves in writing. Each request to subcontract shall be on the form the City provides. If the City requests,the Contractor shall provide proof that the subcontractor has the experience,ability,and equipment the work requires. The Contractor shall require each subcontractor to comply with RCW 39.12(Prevailing Wages on Public Works)and to furnish all certificates and statements required by the Contract. As stated in Section VI,"Compensation,"no payment shall be issued until a Statement of Intent to Pay Prevailing Wages form,for the Contractor PUBLIC WORK CONTRACT NO.13-02 February 20,2013 Page 3 of 12 and each and every subcontractor,has been approved by the State Department of Labor& Industries,and is received by the City. Along with the request to sublet,the Contractor shall submit the names of any contracting firms the subcontractor proposes to use as lower tier subcontractors. i Collectively,these lower tier subcontractors shall not do work that exceeds 25 percent of the total amount subcontracted to a subcontractor. When a subcontractor is responsible for i construction of a specific structure or structures,the following work may be performed by lower tier subcontractors without being subject to the 25 percent limitation: A. Furnishing and driving of piling,or B. Furnishing and installing concrete reinforcing and post-tensioning steel. Except for the 25 percent limit, lower tier subcontractors shall meet the same requirements as subcontractors. I The City will approve the request only if satisfied with the proposed subcontractor's record,equipment,experience and ability. Approval to subcontract shall not: 1. Relieve the Contractor of any responsibility to carry out the Contract. 2. Relieve the Contractor of any obligations or liability under the Contract and the Contractor's bond. 3. Create any contract between the City and the subcontractor,or 4. Convey to the subcontractor any rights against the City. The City will not consider as subcontracting: (1)purchase of sand,gravel,crushed stone,crushed slag,batched concrete aggregates,ready mix concrete,off-site fabricated structural steel,other off-site fabricated items,and any other materials supplied by established and recognized commercial plants;or(2)delivery of these materials to the work site in vehicles owned or operated by such plants or by recognized independent or commercial hauling companies. However,the Washington State Department of Labor and Industries may determine that RCW 39.12 applies to the employees of such firms identified in A and B above in accordance with WAC 296-127. If dissatisfied with any part of the subcontracted work,the City may request in writing that the subcontractor be removed. The Contractor shall comply with this request at once and shall not employ the subcontractor for any further work under the Contract. This section does not create a contractual relationship between the City and any subcontractor. Also, it is not intended to bestow upon any subcontractor,the status of a third-party beneficiary to the Contract between the City and the Contractor. IX. TERMINATION. The City may terminate this Contract for good cause. "Good cause" shall include,without limitation,any one or more of the following events: PUBLIC WORK CONTRACT NO. 13-02 Febmary 20,2013 Page 4 of 12 A. The Contractor's refusal or failure to supply a sufficient number of properly-skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work withur the time specified in this Contract. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal,state or local laws,rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. After all the work contemplated by the Contract has been completed either by the Surety or the City,the City will calculate the total expenses and damages for the completed work. If the total expenses and damages are less than any unpaid balance due the Contractor,the excess will be paid by the City to the Contractor. If the total expenses and damages exceed the unpaid balance,the Contractor and the Surety shall be jointly and severally liable to,and i shall pay the difference to,the City on demand. X. PREVAILING WAGES. Contractor shall file a"Statement of Intent to Pay Prevailing Wages"with the State of Washington Department of Labor&Industries prior to commencing the Contract work. The Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington,as well as any other applicable prevailing wage rate provisions. The prevailing wage rate revision in effect on the quote submittal due date is attached and by this reference incorporated herein and made a part hereof. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form,for the Contractor and each and every subcontractor,has been approved by the State Department of Labor&Industries,and is received by the City. Retainage shall not be released until an Affidavit of Wages Paid form for the Contractor and each and every subcontractor,has been approved by the State Department of Labor&Industries, and is received by the City. XI. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Contract. If the Contractor determines,for any reason,that a change order is necessary,the Contractor must submit a written change abler request to an authorized agent of the City within fifteen(15)calendar days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance,the City will make an equitable adjustment. The City will attempt,in good faith,to reach agreement with the Contractor on all equitable adjustments. However,if the parties are unable to agree,the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving PUBLIC WORK CONTRACT NO.13-02 Febniary 20,2013 Pege 5 of 12 d. G COD y y N p yn Ln R —^ y p O ate-• C L .-.i O C a.+ m y ° .� � ��. 4r '� �tA N n O C vopn � � U R U OD CD 0 o, U v ^ as c a�i d C4 L u v o 0 on 4n a0 O a N o. > aUi •��+ a. „G cF.i O h Q v _q y U rn •N -p � �- �-+' C 6 O .fl 44 U O �_ c3 ti CD o ^o o y L a, C4 a Ey 3 cc m CA O v, U :vim - c y o o C ''a 0 �? .G o ° °� = d o -0 Of co 0 CA p Cd N -� wUi SZ ci, -a a a�i m U A y ° U O O 0. hpD 3 a Sd "a O ca p w p ¢ IV C) T U U =. U d z O a ° O N U �c m a m D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,the Contractor also waives any additional entitlement and accepts from the City any written or oral order(including directions, instructions,interpretations,and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section,the Contractor completely waives any claims for protested work and accepts from the City any written or oral order(including directions,instructions,interpretations, and determination). XII. CLAIMS. The Contractor waives right to a claim if they have not followed procedures outlined in Section XI.A of this Contract. If resolution cannot be reached under Section XI.A,theft the Contractor shall give written notice to the City of all claims other than change j orders within fifteen(15)calendar days of the City's notice of its final decision on the Contractor's protest. Any claim for damages,additional payment for any reason,or extension of time,whether under this Contract or otherwise,shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Contract;or if(and only if)no such provision is applicable,unless that claim is set forth in detail in writing and received by the City within seven(7)calendar days from the date the Contractor-knew,or should have known,of the facts giving rise to the claim. At a minimum,a Contractor's written claim must include the information set forth regarding protests in Section XI.A. Failure to provide a complete,written notification of claim within the time allowed shall be an absolute waiver of any claims arising in any way from the facts or events surrounding i that claim or caased by that delay. The Contactor must,in any event,file any claim or bring any suit arising from or connected with this Contract within forty-five(45)calendar days from the date the Contract work is complete. XIII. WARRANTY. All defects in workmanship and materials that occur within one year from the date of the City's acceptance of the Contract work shalt be corrected by the Contractor. When defects are corrected,the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven(7)calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time,the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XIV. INDEMNIFICATION. Contactor shall defend,indemnify and hold the City,its officers, officials,employees,agents and volunteers harmless from any and all claims,injuries, PUBLIC WORK CONTRACr NO.13-02 rebruary 20,2013 Page 7 of 12 damages, losses or suits,including all legal costs and attorney fees,arising out of or in connection with the performance of this Contract,except for injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115,then,in the event of liability for damages arising out of bodily injury to persons or j damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers,officials,employees,agents and volunteers,the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that this indemnification constitutes the Contractor's waiver of immunity under Industrial Insurance,Title 51 RCW,solely for the I purposes of this indemnification. The parties aclurowledge that they have mutually negotiated this waiver. The provisions of this section shall survive the expiration or termination of this Contract. XV. INSURANCE. The Contractor shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work hereunder by the Contractor, its agents,representatives,employees or subcontractors, j i Before beginning work on the project described i»this Contract,the Contractor shall provide a Certificate of Insurance evidencing the coverages listed below. The policies of insurance for general,automobile,and pollution policies shall be specifically endorsed to name the Contracting Agency and its officers,elected officials,employees,agents and volunteers,and any other entity specifically required by the Contract Provisions,as additional insured(s). A. Automobile Liability insurance covering all owned,non-owned,hired and leased vehicles with limits no less than$1,000,000 combined single limit per accident far• bodily injury and property damage. 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. B. Commercial General Liability insurance written with limits no less than$1,000,000 each occurrence,$2,000,000 general aggregate,and a$2,000,000 products-completed operations aggregate limit. Coverage shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations, stop gap liability, independent contractors,products-completed operations,personal injury and advertising injury, and PUBTAC WORK CONTRACT N0.13-02 February 20,2013 Page 8 of 12 liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement form CG 25 03 1185. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion,collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy,with respect to the work performed for the City using ISO Additional Insurance endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. C. Workers'Compensation coverage as required by the Industrial Insurance laws of the State of Washington. i D. Other Insurance Provisions. The insurance policies are to contain,or be endorsed to contain,the following provisions for Automobile Liability and Conumercial General Liability: 1. The Contractor's insurance coverage shall be primary insurance as respect 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. 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 I certified mail,return receipt requested,has been given to the City. i E. Contractor's Insurance for Other Losses. The Contractor shall assume frill responsibility for all loss or damage from any cause whatsoever to any tools,Contractor's employee owned tools,machinery,equipment,or motor vehicles owned or rented by the Contractor,or the Contractor's agents,suppliers,or contractors as well as to any temporary structures,scaffolding,and protective fences. F. Waiver of Subrogation.tion. The Contractor and the City waive all rights against each other, any of their Subcontractors,Sub-subcontractors,agents and employees,each of the other, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to Section XV of this Contract or other property insurance applicable to the work. The policies shall provide such i waivers by endorsement or otherwise. G. Acceptability of Insurers. Insurance is to be placed with authorized insurers in Washington State with a current A.M.Best rating of not less than A-:V11. Id. 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 PUBLIC WORK CONTRACT NO.13-02 February 20,2013 Page 9 of 12 additional insured endorsement,evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. each subcontractor of every tier obtains and maintains at a minimum,the insurance coverages listed in this section. Upon request of the City,the Contractor shall provide evidence of such insurance. Any payment of deductible or self insured retention slialI be the sole responsibility of the Contractor. i The City reserves the right to receive a certified copy of all the required insurance policies. XVI. MISCELLANEOUS. A. Nondiscrimination. In the hiring of employees for the performance of work under this Contract,the Contractor, its subcontractors,or any person acting on behalf of Contractor shall not,by reason of race,religion,color,sex,sexual orientation,national origin, or the presence of any sensory,mental,or physical disability,discriminate against any person who is qualified and available to perform the work to which the employment relates, B. Compliance with Laws. The Contractor shall comply with all federal,state and local laws,rules and regulations throughout every aspect in the performance of this Contract. C. Work Performed at Contractor's Risk. The Contractor shall take all precautions necessary and shall be responsible for the safety of its employees,agents,and subcontractors in the performance of this Contract. All work shall be done at the Contractor's own risk,and the Contractor shall be responsible for any loss of or damage to materials,tools,or other articles used or held for use in connection with the work. D. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein,or to exercise any option herein conferred in one or more instances,shall not be construed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect. E. Governing Low. This Contract shall be governed and construed in accordance with the laws of the State of Washington, If any dispute arises between the City and the Contractor under any of the provisions of this Contract,resolution of that dispute shall be available only through the jurisdiction, venue and rules of the King County Superior Court, King County,Washington. F. A torn 's Feed. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties'performance of this Contract,each party shall be responsible for payment of its own legal costs and attorney's fees incurred in PUBLIC WORK CONTRACT NO.13-02 Fcbruary 20,2013 Page 10 of 12 . ................... ........ cs HE o U C 0 4> = 0 W 0 0 a co 41 T > fi. bo CO) M 0 o 0 0 c = — r- = 42 > 0 0 cc .2 Q 0 .9 Q m w 4—a> C J 4) O 0 o W CA bo ,5 0 o -0 CA 0 p O ro *0 4� 0 ca co bp > L- — L. = = -—r-, . bo '0 = r- 0 o 0 CD > 0•E 50 0 = 0 0 0 > 00 .— -- = 0 4, : 4�� to C) '0 cc bo tim cc o w 4.) bo cm Z V] Z. ;*% 0 > co 0 P, cc cn = 0 4. o n > CD < L:C-4 3°4 C-4 i IN WITNESS WHEREOF,the parties below have executed this Contract. COBRA BEC INCORPORATED TI-1E UBURN I i (Signature) (Signature) By 0'11,1 x Wwuff) By Peter)3 Lewis (Print:name here) Its 9 P(4 Q na C'ey Its Mayor (Authorize •epresentative) DATE: a DATE: Contractor's State License No. COW 61%0(O State Tax Registration(UBI)No::600 495 094 Federal Tax ID 9 Notices;to.be sent to: Notices to be sent to: COBRA BEC INC. CITY OF AUBURN Attn: Chuck Mahlum Attn: Lisa Moore 1220 37`x' Street NW 25 West Main Street Auburn,,WA 98001 Auburn,WA 98001 Phone: 253.887.1500 Phone: 253.288.3158 Fax: 253.887.1510 Fax: 253.931.3053 E-mail: chuckm @cobraresults,com E-mail: lmoore a auburnwa.gov ATTEST: *1 nielle E.Daskaln,City Clerk APPROVED AS TO FORM: i l Daniel .Ileld,City Attorney PUBLIC WORK CONTRACT NO.13-02 February 20,2013 Page 12'of 12 r I i f C(DB Building Envelope Contractors EXHIBIT A f . February 27,2013 i i � I Mr. David Patch City of Auburn ' i i RE: City Hall Conference Room I Dear Mr. Patch: Please find below, pricing to furnish all labor and materials to complete the installation of a new roof to the above mentioned project. i Specific Scope of Work: 1. Remove interior glass panes from openings. 2. Clean interior of window sections and re-Install glass panes. 3. Remove roofing and gutter section form conference room roof. This will require a scaffolding section around the entire perimeter and will block the entry for the duration of the project; approximately four days. 4. Install new rigid Insulation. S. Install new 60 mil single ply roofing. 6. Fabricate and install new metal fleshings as required for a water tight installation. 7. Install new gutters and downspouts with mesh covers to prevent leaf build-up. 8. Provide manufacturer's 20 year warranty and two year workmanship warranty. 9. Pricing assumes good faith survey complete with no ACM's present. Lump um Price: $19,840.00 plus tax p ' Price Is valid for 30 days i Fmtorn WA—P.O.Box 19066,Spokane,WA 99219—(509)455.4043—(509)455.4594 fax Western WA-1220--37th Street NW,Auburn,WA 98001—(253)887.1500—(253)887-1510 fax Cobraroofing.com—1nfo@oobraroofing.corn i I �\ Bulfdfng Envelope Contractors i EXHIBIT A 1 Exclusions Our proposal excludes any scope of work other than that listed above. Additional exclusions are: Asbestos abatement; Decking replacement; Electrical line covers for safety; Traffic Coatings; Painting; Interior/concealed work;wall sheathing; under deck framing; louvers; backing or blocking;furring; project design responsibility; temporary protection of roofing; temporary weather protection;foil faced insulation; building or interior expansion or seismic joints; rechanical/electrical unit curbs disconnect or reconnect;concrete/brick/masonry/EIFS flashings; interior damages from leaks; mechanical/electrical/lightning protection; conduit; slip sheets; snow removal; Damages due to incomplete operations.. Terms-and Conditions: Cobra BF:C, Inc. shall only extend its workmanship warranty obligation If repairs are necessary due to our sole negligence. Damage to roof system by others shall not apply to warranty extension and Cobra shall be entitled to repair costs for same. Thank-you for this opportunity, + Cobra BEC, Inc. i Chuck Mahlum Project Manager P:263-887-1500 F:263-887-1690 C:263-486-2930 I i f i i i i i Eastern WA—P.O.Box 19068,Spokane,WA 99219—(509)455-4043—(509)455.4594 fax WostornWA--1220-37'hStreetNW,Auburn,WA 98001--(253)887-1500—(253)887-1510fi>;x Cobraroofing.00m—lnfo©oobraroofing.com I i CONTRACTBOND CONTRACT NO. 13-02 BOND NO. 23021311 j BOND TO CITY OF AUBURN, WASHINGTON I KNOW ALL MEN BY THESE PRESENTS: i That we,the undersigned, as principal, and Cobra Building Envelope Contractores, 1220 37th Street NW,Auburn,WA 98001,and Liberty Mutual Insurance Company , a corporation,organized and existing under the laws of the State of MA as a surety corporation,and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal j corporations,as surety,are jointly and severally held and firmly bound to the City of Auburn, j Washington,in the penal sum of twenty-one thousand seven hundred twenty-four dollars and eitghty cents($21,724.$0),for the payment of which sum we jointly and severally bind ourselves and our successors,heirs,administrators or personal representatives as the case may be. This obligation is entered into in pursuance of the Statutes of the State of Washington and the Ordinances of the City of Auburn,Washington. Dated at Auburn,Washington,this 15th day of March ,2013, Nevertheless,the conditions of the above obligation are such that: WHEREAS,the City of Auburn on the 27th day of February, 2013,let to the above bounden I principal a certain Contract. The said Contract being numbered 13-02 and providing for the construction of a new roof on the City Hall Conference Room(which Contract is referred to herein and is made a part hereof as though attached hereto), and i WHEREAS,the said principal has accepted, or is about to accept, the said Contract,and I undertake to perform the work therein provided for in the manner and within the time set forth: NOW,THEREFORE,if the above bounden principal shall faithfully and truly observed and comply with the terms,conditions,and provisions of said Contract in all respects and shall well and truly and fully do and perform all matters and things by them undertaken.to be performed under said Contract,upon the terms proposed therein,and any and all duly authorized modifications of said Contract that may hereafter by made,and within the time prescribed therein, and until the same is accepted,and shall pay all laborers,mechanics,subcontractors and material men,and all persons who shall supply principal or subcontractors with provisions and i supplies for the carrying on of said work and shall hold said City of Auburn,Washington, harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal or any subcontractor in the performance of said work,and shall in all respects faithfully perform said Contract according to law,and shall indemnify and hold the City of Auburn;Washington,harmless from any damage or expense by reason of failure of performance,as specified in said Contract,and The undersigned principal and the undersigned surety present this contract bond related to the Contract,PROVIDED that this document shall not be enforceable unless and until the City of Auburn awards and executes the Contract to the undersigned principal. No obligations under this bond,for the performance of the above-referenced contract, shall be enforceable until the City of Auburn has executed the contract to the undersigned principal. The Surety,hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid Contract without notice to Surety,and any such modifications or changes increasing the.total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Contract Bond in a like amount,such increase;however,not to exceed twenty.—five percent(25%)of the original amount of this bond without the consent of the Surety. PROVIDED,however,that after the acceptance of this Contract and the expiration of the Iien period,and if there are no liens pending,then the penal sum of this bond,shall be reduced to either ten percent(10%)of the value of the improvements to the City or.two thousand dollars ($2,000),whichever is g neater to warranty against defects a pp earin g developing or rn the I material or workmanship provided or performed under this Contract within a period of one(1) j year after acceptance. Not withstanding the reduction of this bond,the principal and surety shall 1 hold the City of Auburn harmless from all defects appearing or developing in the material or workmanship provided or performed under this Contract within a period of one(1)year after acceptance,THEN and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect, j It is hereby expressly agreed that if any legal action is necessary to be brought under the conditions of this Mond,that the decisions of the Courts of the State of Washington shall be binding. ' IN WITNESS WHEREOF,the above-bounden parties have executed this instrument this 15th day of March 12013. i vV Cobra Building Envelope Contractors,Principal �— Liberty Mutual Insurance Company Surety ff By .. athy Gurley,' Attorney in act 4 f i Wells Fargo Insurance Services USA,Inc. 601 W.Main,Suite 1400,Spokane,WA 99201 509-358-3800 Resident Agent's Address&Phone Number i i i THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5106426 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company(the"Company"),a Massachusetts stock Insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint W.W.WELLER, GEORGE C.SCHROEDER,KATHY GURLEY,CHRIS LARSON,H.KEITH MCNALLY,HEATHER ANDERSON,ERIN L.REPP,WM DINNEEN,DIANA R.WILLIAMS, ALL OF THE CITY OF SPOKANE,STATE OF WASHINGTON............................................................................................................................................................................ ................................................................................................................................................................................................................................................................................. each Individually if there be more than one named,its true and lawful attomey-in-fact to make,execute,seal,acknowledge and deliver,for and on Its behalf as surety and as its act and deed,any and all undertakings, bonds,recognizances and other surety obligations in the penal sum not exceeding ONE HUNDRED FIFTY MILLION AND 00A 00"'•••••••••••.•••••••••••••••••••••••••••••••••••••••••.. DOLLARS($ 150,000,000.00'••••••"'••••••x••••••••• )each, and the execution of such undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents,shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE All-Execution of Contracts:Section 5.Surety Bonds and Undertakings. s Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the V chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make, rn execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys' in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and 5 execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if r d signed by the president and attested by the secretary. Q By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: a Pursuant toArticle Xill,Section 5 of the By-Laws,David M.Carey,Assistant Secretary of Llberty Mutual Insurance Company,is hereby authorized 0 to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety c�F jany and all undertakings,bonds,recognizances and other surety obligations. W v > That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. 0 E `0a u cc Q�.� IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty ,- n i.. a Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this day of 20th day of January 0 a c 2012 13 Q C li G LIBERTY MUTUAL INSURANCE COMPANY la 4: ) 0 By =c M N David M.Carey, 'slstant Secretary Um 2) COMMONWEALTH OF PENNSYLVANIA ss 0 0 C COUNTY OF MONTGOMERY =r On this 20th day of January 2012 before me, a Notary Public, personally came David M. Carey, to me known, and j Lu acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company;that he knows the seal of said corporation;and that he executed >c A the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said m v a 0 corporation. +�+ IN TESTIMONY WHEREOF;1 have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year c i c3i first above written. _ 0 o By Tere a Pastella,Notary Public CERTIFICATE I,the undersigned,Assistant'Secreta y off Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided In Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company,wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds,shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 15th day of March 2013. Gregory W.Davenport,Assistant Secretary 183775 a CERTIFICATE OF LIABILITY INSURANCE DAT 3/22120/YYYY) 3!2212013 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(les)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 ICIAOMP CT Stacla Simpson Commercial Lines-(509)358-3800 PHONE 509-358-3844 n/c Ne; 1-866-510-9588 Wells Fargo Insurance Services USA,Inc.-CA Lic#:OD08408 ADDRESS: stacia.simpson @wellsfargo.00m 601 West Maln Street,Suite 1400 INSURER(S) AFFORDING COVERAGE NAIL# Spokane,WA 99201-0635 INSURERA: Valley Forge Insurance Company 20508 INSURED INSURERB: Continental Insurance Company 35289 Cobra BEG,Inc. INSURERC: Navigators Insurance Company 42307 P.O,Box 19068 INSURERD: Spokane,WA 99219 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 5770397 REVISION NUMBER: See below 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 l 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 I ADDLSUBR PO CY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER ID LIMITS A GENERAL LIABILITY X X 4027173675 0613112012 08/31!2013 EACH OCCURRENCE $ X COMMERCIAL GENERAL LIABILITY 11o_ S 300,DOO CLAIMS-MADE Fx]OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1.000.E GENERAL AGGREGATE $ 2,000.000 GENL AGGREGATE LIMIT APPLIES PER; PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO- L(K; I I I $ B AUTOMOBILE LIABIUTY X X 4027173658 08/31/2012 08/31/2013 Ea eBI d..SINGLE LIMIT 1 000,000 dXAN AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED 80DILY INJURY(Par aodderd) $ AUTOS NOWOWNED PROPERTY DAMAGE $ HI RED AUTOS X AUTOS (Per wAdent) G UMBRELLA LIA9 x occuR SE12EXC7369781V 8/3112012 8/31/2013 EACH OCCURRENCE $ 10.000.000 X EXCESS LtAS CLAIMS-MADE AGGREGATE $ 10,000,000 DED I I RETENTIONS 0 1 1 1 $ I WORKERS COMPENSATION X I WC STATU- OTH- A AND EMPLOYERS'LIABILITY 4027173675 08/31/2012 08/31/2013 •- ANYPROPRIETOR/PARTNEWEXECUTIVE YIN EEL.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A WA STOP GAP ONLY (Mandatory In NH) EL.DISEASE-EA EMPLOYE $ 1.000,000 It describe under yes, DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is requtred) AS RESPECTS: PUBLIC WORK CONTRACT NO.31-02,CITY HALL CONFERENCE ROOM#2 ROOF REPLACEMENT PRIMARY NON-CONTRIBUTORY ADDITIONAL INSURED AND WAIVER OF SUBROGATION IF REQUIRED IN WRITTEN CONTRACT TO CITY OF AUBURN,A WASHINGTON MUNICIPAL CORPORATION AND IT OFFICERS,ELECTED OFFICIALS,EMPLOYEES,AGENTS AND VOLUNTEERS PER THE ACTUAL APPLICABLE POLICY FORMS ATTACHED TO THIS CERTIFICATE. CERTIFICATE HOLDER CANCELLATION CITY OF AUBURN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 25 WEST MAIN ST THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUBURN,WA 98001 AUTHORIZED REPRESENTATIVE 9e-/I,"/�- The ACORD name and logo are registered marks of ACORO ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) G-140331-C CN (Ed. 10110) b. Any. premises or work for which the We have no duty to defend or Indemnify an additional Insured is specifically listed as an additional insured under this endorsement until additional insured on another endorsement we receive from the additional Insured written attached to this Coverage Part. notice of a claim or"suit" C. SECTION IV — COMMERCIAL GENERAL 2. With respect only to the insurance provided by LIABILITY CONDITIONS is amended as follows: this endorsement, the first sentence of 1. The Duties In The Event of Occurrence, Paragraph 4.a.of the Other Insurance Condition Offense,Claim or Suit condition is amended to is deleted and replaced with the following: _ add the following additional conditions 4. Other Insurance applicable to the additional insured: a. Primary Insurance An additional Insured under this endorsement This insurance is primary and non- will as soon as practicable: contributory except when rendered (1) Give us written notice of an"occurrence"or excess by endorsement G-140331-C, an offense which may result in a claim or or when Paragraph b.below applies. "suit"under this Insurance,and of any ctalm D. Only for the purpose of the Insurance provided by or suit'that does result; this endorsement, SECTION V-- DEFINITIONS Is (2) Except as provided in Paragraph B.3 of this amended to add the following definition: endorsement, agree to make available any other insurance the additional insured has "Written contract" means a written contract or for a loss we cover under this Coverage written agreement that requires you to make a Part; person or organization an additional Insured on this Coverage Part,provided the contract or agreement: (3) Send us copies of all legal papers received, 1. Is currently in effect or becomes effective during and otherwise cooperate with us in the the term of this policy;and investigation, defense, or settlement of the claim or"suit";and 2. Was executed prior to: (4) Tender the defense and indemnity of any a. The"bodliy injury"or"property damage",,or claim or "suit" to any other insurer or self b The offense that caused the "personal and Insurer whose policy or program applies to a loss we cover under this Coverage Part. advertising injury" But if the "written contract" requires this for which the additional insured seeks coverage Insurance to be primary and non- under this Coverage Part. contributory, this provision (4) does not apply to insurance on which the additional Insured Is a Named Insured. G-140331-C Includes copyrighted material or Insurance Services Office.Ino.,with its permission Page 2 of 2 (Ed.10/10) CG2503 0509 Page I ol'2 DESIGNATED CONSTRUCTION PROJECT($) GENERAL AGGREGATE LiMIT Policy Number: 4027173675 k ffea•tiVe: 08/31/2012 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE j I Designated Construction Project(s): Each of your construction projects located away from premises owned by or rented to you. Information re wired to complete this Schedule if not shown above will be shown In the Declarations. l A. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences"under Section l Coverage A, and for all medical expenses caused by accidents under Sectlon i--Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown In the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown In the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A,except damages because of"bodily Injury"or'property damage"included In the "products-completed operations hazard,"and for medical expenses under Coverage C regardless of the number of. a. Insureds; b. Claims made or"suits"brought;or c. Persons or organizations making claims or bringing"suits." 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. 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Insurance types Casualty Disability Marine Ocean Marine Property Surety Vehicle back to top Agents and agencies that represent this company(Appointments) What Is this? View agents I View agencies t back to top Company complaint history What,i5 cnis? View complaints i back to top Disciplinary orders 2008-2013 What,is_this? No disciplinary orders are found Looking for other orders?Our online orders search allows you to search a ten year history of all orders, Including enforcement orders, administrative orders, and general orders, t back to top National Information on Insurance companies Want more information about this company?The NAIC's Consumer Information (CIS) page allows you to retrieve national financial and complaint information on insurance companies, plus has information and tips to help you understand current insurance issues. http://wwwii lisurance.wa.gov/consumertoolkit/Company/CompanyProfile.asI)x?WAGI,C=338 3/22/2013- Page 1 of 2 Search > VALLEY FORGE INSURANCE COMPANY— ��- VALLEY FORGE INSURANCE COMPANY General I Contact I Ucensing I Appointments I Complaints I Orders I National Info I Ratings Back to Search General Information Contact information Name:VALLEY FORGE INSURANCE COMPANY Registered address 100 MATSONFORD RD STE Mailing address Corporate family group:CNA INS GRP What Is thls7 333 S WABASH 200 Organization type: PROPERTY RADNOR, PA 19087 CHICAGO, IL 60604 wAOIc: 1401 Telephone NAic;20508 Telephone 312-822-5000 312-822-5000 status:ACTIVE Admitted date:08/22/1944 Ownership type:STOCK ?-back to top Types of coverage authorized to sell Wh9 Is h1s? Insurance types Casualty �- Disability Marine Ocean Marine Property Surety Vehicle ?back to top Agents and agencies that represent this company(Appointments) what] cni57 View agents View agencies ?back to top Company complaint history What Is thlsl View complaints ?back to top Disciplinary orders 2008-2013 What is this? No dlsclpllnary orders are found Looking for other orders? Our online orders search allows you to search a ten year history of all orders, Including enforcement orders, administrative orders, and general orders. ?back to top National Information on insurance companies Want more Information about this company?The NAIC's Consumer Information (CIS) page allows you to retrieve national financial and complaint Information on insurance companies, plus has Information and tips to help you understand current insurance issues. http://www.insurance.wa.Rov/c.on�Rumertoolkit/Coml)anv/ComDanvProfile.ast)x?WAOIC-1401 3/22/2013. . .. Best's Credit Rating Center- Company Information for Valley Forge Insurance Company Page 1 of 2 Valley Forge Insurance Company JPrintthiS page (2) A.M.Best#:002132 NAIC 0:20508 FEIN#:231820621 Address:333 South Wabash Avenue Floor 22 Assigned to IN-41el lfhingth Rewil Chicago,IL 60604 companies aessr y United States that have,In I A , Web:www.cna.com our opinion, Phone:312-822-5000 an excellent ability to meat their Fax:312-822-6419 ongoing insurance obligations. Based on A.M.Best's analysis,450177-Loews Corporation Is the AMB Ultimate Parent and Identifies the topmost entity of the corporate structure.View a list of omralfng insurance entitles in this structure. Beat's Credit Ratings i View all of the companies assigned this rating as a part of an AMB Rating UnIL Best's Credit Rating Analyst Financial Strength Rating View Deitp[ltsUl Office:A.M.Beal Company,Oldwtck NJ Rating: A(Excellent) Senior Financlef Analyst:Brian O'Larte Financial Size Category: XV($2 Bllllon or greater) Managing Senior Financial Analyst:Jennifer Outlook: Stable Marshall,CPCU,ARM Action: Affirmed Effective Date: January 11,2013 u Denotes l ndarReyiew Beat's Ralkm I Issuer Credit Rating hlo Long-Term: a Outlook: Stable Action: Affirmed Date: January 11,2013 Reports and News Visit Best's News and Analysis site for the latest news and press releases for this company and Its A.M.Best Group. �vAMB Credit Report-Insurance Professional-Includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, F detailed business overview and key financial data. Report Revision Date:1/28/2013(represents the latest significant change). j Historical Reports are available In AMB Credit Report-Insurance Professional Archive. �? Best's Executive Summary Reports(Financial Overview)-available In three versions,these presentation style reports feature balance sheet,income statement,key financial performance tests Including profitability,liquidity and reserve analysis. Data Status:2013 Best's Statement File-PiC,US Contains data compiled as of 3/21/2013 As Received. - Single Company-five years of financial data specifically on this company. • Comparison -alde-by-slde financial analysis of this company with a peer group of up to five other companies you select. • Co Dosile evaluate this company's financials against a peer group composite.Report displays both the average and total composite of your selected peer group. Beefs Key Rating Guide Presentation Report-Includes Best's Financial Strength Rating and financial data as provided In the most current edition of j Best's Key Rating Guide products.(Duality Cross Chocked). AMB Credit Report-Business Professional-provides three years of key financial data presented with colorful charts and tables.Each report also features M the latest Best's Ratings,Rating Rationale and an excerpt from our Business Review commentary. Data Status:Contains data compiled as of 3/11/2013 As Received. Financial and Analytical Products Best's Key Refine Guide-P/C.US&Canada Bests Statement File-P/C,US Best's Statement File-Global Best's State Lino-P/C.US Best's Executive Summary Report-Comparlson-Property/Casualty Best's Executive Summery Report-Composite-Property/Casualty Bests Regulatory Center Best's Insurance Exoense Exhloft(IEE)-P/C.US Best's Schedule F(Reinsurance)-P/C.US Best's Schedule D(Munlclpal Bonds)-US Best's Corporate Changes and Retirements-P/C.US/CN Best's Regulatory Center Market Share Reports Best's Schedule P(Loss Reserves)-P/C,US Bests Schedule 0(Comorate Bonds)-US Best's Insurance Reports-Online-PIC,Us R Canada htkp:lLvuww3..ambest.com/ratings/entities/CompanyPro le.aspx?ambnum-213.2&U.RATINGID=1... 3/22/2013 Pagel U2 _ Search > NAVIGATORS INSURANCE COMPANY NAVIGATORS INSURANCE COMPANY General I Contact I Licensing I Appointments I Complaints I Orders I National Info I Ratings Back to Search General information Contact information Name:NAVIGATORS INSURANCE COMPANY Mailing address Registered address 1375 E WOODFIELD RD SUITE I Corporate family group: NAVIGATORS GRP wnatis 6 INTERNATIONAL DR SUITE 100720 thls� Organization type: PROPERTY RYE BROOK, NY 10573-1070 SCHAUMBURG, IL 60173 wAOIc:84998 Telephone Telephone NAIC:42307 914-934-8999 847-230-1930 status:ACTIVE Admitted date:08/22/1991 Ownership type:STOCK i back to top Types of coverage authorized to sell whatis,thtsz Insurance types Casualty Disability Marine Ocean Marine Property Surety Vehicle ^i back to top Agents and agencies that represent this company(Appointments) Whatjs tnjs7 i View agents View agencies I A back to top I Company complaint history what!st LV View complaints back to top Disciplinary orders 2008-2013 wnat.is this? No disciplinary orders are found Looking for other orders?Our online orders search allows you to search a ten year history of all orders, Including enforcement orders, administrative orders, and general orders. P back to top National information on insurance companies Want more information about this company?The NAIC's Consumer Information (CIS) page allows you to retrieve national financial and complaint information on insurance companies, plus has information and tips to help you understand current Insurance issues. httpi//_www insurance,.wa.gov/eonsumeiloolkit/Company/CompanyProfile.aspx?WAOI.C=849.98., .,..,,3/22/2013,.. Best's Credit Rating Center- Company Information for Navigators Insurance Company Page I of 2 IMPrIntihispage Navigators Insurance Company A.M.Beat®:001826 NAIC#:42307 FEIN#:133138380 Address:Reckson Executive Park 6 International Drive Assigned to irdiand Rye Brook,NY 10673 companies --.7 '"N United States that have,In A*ntna 4 Web:ylm&LnaygMM our opinion, Phone:914-934-8999 an excellent ability to meet their Fax:914-934-2355 ongoing Insurance obligations Based on A.M.Best's analysis,058430-The Navigators Group.Inc Is the AMB Ultimate Parent and Identifies the topmost entity of the corporate structure.View a list ofoperafing Insurance entities In this structure. Beat's Credit Ratings View all of the companies assigned this rating as a part of an AMB Rating Unit. Beare Credit RatInn Analyst Financial Strength Rating View Definition Office:A.M.Best Company,Oldwlck NJ Rating: A(Excellent) Senior Financial Analyst:Adrienne Tortorlello Financial Size X($500 Million to$750 Managing Senior Financial Analyst:Jennifer Category: Million) Marshall,CPCU,ARM Outlook: Stable Action: Affirmed Effective Date: June 19,2012 U Denotes Under Review Basra Rallno Issuer Credit Rating View Definition Long-Term: a+ Outlook: Stable Action: Affirmed Date: June 19,2012 Related Financial and Analytical Data The following links provide access to related data records that A.M.Best utilizes to provide financial and analytical data on a consolidated or branch basis. 1018081 Navigators Insurance On= Represents the A.M.Best Consolidated financials for the Property/Casualty business of this legal entity. Reports and News Visit Best's News and Analysis afte for the latest news and press releases for this company and Its A.M.Best Group. AMIa Credit Report-Insurance Professional-Includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date:7117/2012(represents the latest significant change). Historical Reports are available In AMB Credit Report-Insurance Professional Archive. F—)-, Beefs Executive Summary Reports(Financial Overview)-available In three versions,these presentation style reports feature balance sheet,Income statement,key financial performance tests Including profitability,liquidity and reserve analysis. Data Status:2013 Best's Statement File-P/C,US Contains data compiled as of 3/21/2013 As Received. Single Company-five years of financial data specifically an this company. • Comparison -side-by-side financial analysis of this company with a pear group of tip to five other companies you select. composite evaluate this company's financials against a peer group composite.Report displays both the average and total composite of your selected peer group. 139sfs Key Rating Guide Presentation Report-Includes Best's Financial Strength Rating and financial data as provided In the most current edition of Best's Key Rating Guldq products.(Quality Gross Chacketi). AMB preclit Report-Business Professional-provides three years of key financial data presented with colorful charts and tables.Each report also features INY1 the latest Best's Ratings,Rating Rationale and an excerpt from our Business Review commentary. Data Status:Contains data compiled as or 3(2112013 As Received. Financial and Analytical Products Best's Key Retina Guide-P/C.US&Canada Beat's Statement File-P/C.US Rest's Statement File-Global Best's State Line-P/C.US Rest's Executive Summary Report-Comparison-Property/Casually Beare Executive Summary Report-Composite-F?LovertylCasualty Beare Reaulatory Center Bast's Insurance Expense Exhibit(IEE)-P/C.US Beat's Schedule F(Reinsurance)-PIC-US Bests Schedule D(Municipal Bonds)-US http://www3.ambest.c.QnV—xatings/,P,nlities/SQarr,IxRosul,ts,as.px?URatingld=l389830&b]=O&AItsKa�;x;)I,;.,3/27 0 PUBLIC WORK CONTRACT NO. 13-02 City Hall Conference Room 92 Roof Replacement THIS CONTRACT is entered into between the City of Auburn, a Washington Municipal Corporation("City"), and Cobra Building Envelope Contractors, Inc.("Contractor"),whose mailing address is 1220 37`I'Street NW,Auburn, WA 98001. The parties agree as follows: I. CONTRACTOR SERVICES. The Contractor shall do all work and furnish all tools, materials and equipment for the construction of Contract 13-02, City Hall Conference Room 2 Roof Replacement, in accordance with this Contract form and as shown on the attached Exhibit A,which is by this reference incorporated herein and made a part hereof. The complete Contract includes the following parts,which are by this reference incorporated herein and made a part hereof. Any inconsistency in the parts of the Contract shall be resolved by the order in which they are listed: 1. Public Work Contract 2. Exhibit A 3. Washington State Department of Labor&Industries Prevailing Wage Rates and Benefit Key Code effective February 20,2013. In case of any ambiguity or dispute over interpreting the Contract,the City Engineer's decision will be final. 11. CITY OF AUBURN BUSINESS LICENSE REQUIRED. In order to do business in the City of Auburn,you are required to have a current City of Auburn business license. All subcontractors and lower tier subcontractors working on the project must also have a City of Auburn business license. III. NOTICE TO PROCEED: A Notice to Proceed will be issued once the Contract has been fully executed by the Contractor and City,and all required documents as set forth in this Contract and all requirements as set forth in the award letter have been met. IV. TIME OF COMPLETION. The Contractor shall complete the work within 30 working days from the date of issuance of the City's Notice to Proceed. V. HOURS OF WORK. Normal working hours for the Contract shall be any consecutive 8- hour period between 7:00 a.m. and 6:00 p.m.,Monday through Friday. If the Contractor desires to perform work on holidays, Saturdays, Sundays,or between the hours of 6:00 p.m. and 10:00 p.m. on any day,the Contractor shall apply in writing to the Engineer for permission to work such times. Permission to work longer than an 8-hour period between PUBLIC WORK CONTRACT NO. 13-02 February 20,2013 Page I of 12 7:00 a.m. and 6:00 p.m. is not required. Such requests shall be submitted to the Engineer two (2)working days prior to the day for which the Contractor is requesting permission to work. The City reserves the right to grant or deny any such request at its sole discretion. Permission to work between the hours of 10:00 p.m.and 7:00 a.m. during weekdays and between the hours of 10:00 p.m. and 9:00 a.m. on weekends or holidays may also be subject to noise control requirements,as indicated in Auburn City Code Chapter 8.28.010 entitled "Noise Control." If the Contractor desires to work during restricted times,the Contractor shall submit a written request to the Engineer fourteen(14)calendar days prior to the day for which the Contractor is requesting permission to work. The written request will include specific days and times and description of work to be performed and the reasons the work cannot be performed during the normal hours of work. The City reserves the right to grant or deny any such request at its sole discretion. If approval is granted, it may be revoked at any time the City receives complaints from the public or adjoining property owners regarding the noise from the Contractor's operations. The Contractor shall have no claim for damages or delays should such permission be revoked for any reason. VI. COMPENSATION. The Contractor shall do all work and furnish all tools,materials, and equipment for the work and services contemplated in this Contract for the lump sum price of nineteen thousand eight hundred forty dollars($19,840.00)and Washington State Sales Tax of one thousand eight hundred eighty-four dollars and eighty cents($1,884.80)for a total of twenty-one thousand seven hundred twenty-four dollars and eighty cents($21,724.80). Our sales tax area is 1702 for King County. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form,for the Contractor and each and every Subcontractor, has been approved by the State Department of Labor-&Industries,and is received by the city. A. Performance Bond. The Contractor shall furnish the City with an executed performance bond for the fiill Contract amount of twenty-one thousand seven hundred twenty-four dollars and eighty cents($21,724.80). This requirement may be waived if the Contractor chooses Option 2 of Section VI.B,"Retainage,"below. B. Retainage. The Contractor may elect to(1)furnish a performance bond in accordance with Section VI. A, in which case the City shall hold back retainage in the amount of five percent(5%)of any and all payments made to the Contractor,or(2)have the City retain, in lieu of the performance bond, fifty percent(50%)of the total Contract amount, pursuant to RCW 39.08.010. The Contractor shall execute a"Declaration of Option for Performance Bond or Additional Retainage"to indicate his/her option. In either case, the Contractor can choose to have the retainage held by the City in a non-interest bearing PUBLIC WORK CONTRACT N0.13-02 February 20,2013 Page 2 of 12 account, have it placed in an Escrow(interest bearing)Account, or submit a bond in lieu of retainage. Said retainage shall be held by the City for a period of thirty(30) days after the date of final acceptance,or until receipt of all necessary releases from the State Department of Revenue and State Employment Security Department, including Affidavits of Wages paid for the Contractor and each and every subcontractor, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Contractor for any defective or unauthorized work. Defective or unauthorized work includes,without limitation: work and materials that do not conform to the requirements of this Contract; and extra work and materials furnished without the City's written approval. If the Contractor is unable,for any reason,to satisfactorily complete any portion of the work,the City may complete the work by contract or otherwise,and the Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any additional costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. The making of final payment(excluding withheld retainage)shall constitute a waiver of claims,except those previously and properly made and identified by the Contractor as unsettled at the time request for final payment is made. VII. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Contract, the City being interested only in the results obtained under this Contract. VIII. SUBCONTRACTING. Work done by the Contractor's own organization shall account for at least 30(thirty)percent of the awarded Contract price. Before computing this percentage however,the Contractor may subtract(from the awarded Contract price)the costs of any subcontracted work on items the Contract designates as specialty items. The Contractor shall not subcontract work unless the City approves in writing. Each request to subcontract shall be on the forth the City provides. If the City requests,the Contractor shall provide proof that the subcontractor has the experience, ability, and equipment the work requires. The Contractor shall require each subcontractor to comply with RCW 39.12(Prevailing Wages on Public Works)and to furnish all certificates and statements required by the Contract. As stated in Section V1,"Compensation,"no payment shall be issued until a Statement of Intent to Pay Prevailing Wages form, for the Contractor PUBLIC WORK CONTRACT NO. 13-02 February 20,2013 Page 3 of 12 and each and every subcontractor,has been approved by the State Department of Labor& Industries,and is received by the City. Along with the request to sublet,the Contractor shall submit the names of any contracting firms the subcontractor proposes to use as lower tier subcontractors. Collectively,these lower tier subcontractors shall not do work that exceeds 25 percent of the total amount subcontracted to a subcontractor. When a subcontractor is responsible for construction of a specific structure or structures,the following work may be performed by lower tier subcontractors without being subject to the 25 percent limitation: A. Furnishing and driving of piling,or B. Furnishing and installing concrete reinforcing and post-tensioning steel. Except for the 25 percent limit, lower tier subcontractors shall meet the same requirements as subcontractors. The City will approve the request only if satisfied with the proposed subcontractor's record,equipment, experience and ability. Approval to subcontract shall not: 1. Relieve the Contractor of any responsibility to carry out the Contract. 2. Relieve the Contractor of any obligations or liability under the Contract and the Contractor's bond. 3. Create any contract between the City and the subcontractor,or 4. Convey to the subcontractor any rights against the City. The City will not consider as subcontracting: (1)purchase of sand, gravel, crushed stone,crushed slag, batched concrete aggregates,ready mix concrete,off-site fabricated structural steel,other off-site fabricated items, and any other materials supplied by established and recognized commercial plants; or(2)delivery of these materials to the work site in vehicles owned or operated by such plants or by recognized independent or commercial hauling companies. However,the Washington State Department of Labor and Industries may detennine that RCW 39.12 applies to the employees of such firms identified in A and B above in accordance with WAC 296-127. If dissatisfied with any part of the subcontracted work, the City may request in writing that the subcontractor be removed. The Contractor shall comply with this request at once and shall not employ the subcontractor for any further work under the Contract. This section does not create a contractual relationship between the City and any subcontractor. Also, it is not intended to bestow upon any subcontractor,the status of a third-party beneficiary to the Contract between the City and the Contractor. IX. TERMINATION. The City may terminate this Contract for good cause. "Good cause" shall include,without limitation, any one or more of the following events: PUBLIC WORK CONTRACT NO. 13-02 February 20,2013 Page 4 of 12 A. The Contractor's refusal or failure to supply a sufficient number of properly-skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Contract. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal,state or local laws,rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. After all the work contemplated by the Contract has been completed either by the Surety or the City,the City will calculate the total expenses and damages for the completed work. If the total expenses and damages are less than any unpaid balance due the Contractor,the excess will be paid by the City to the Contractor. If the total expenses and damages exceed the unpaid balance, the Contractor and the Surety shall be jointly and severally liable to,and shall pay the difference to, the City on demand. X. PREVAILING WAGES. Contractor shall file a"Statement of Intent to Pay Prevailing Wages" with the State of Washington Department of Labor&Industries prior to commencing the Contract work. The Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington,as well as any other applicable prevailing wage rate provisions. The prevailing wage rate revision in effect on the quote submittal due date is attached and by this reference incorporated herein and made a part hereof No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form,for the Contractor and each and every subcontractor, has been approved by the State Department of Labor&Industries, and is received by the City. Retainage shall not be released until an Affidavit of Wages Paid form for the Contractor and each and every subcontractor, has been approved by the State Department of Labor&Industries, and is received by the City. XI. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Contract. If the Contractor determines,for any reason,that a change order is necessary,the Contractor must submit a written change order request to an authorized agent of the City within fifteen(15)calendar days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance,the City will make an equitable adjustment. The City will attempt, in good faith,to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree,the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving PUBLIC WORK CONTRACT NO. 13-02 February 20,2013 Page 5 of 12 the written change order. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the Contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however,the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a change order,another written order, or an oral order from the City, including any direction, instruction, interpretation,or determination by the City,the Contractor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fifteen(15)calendar days with a written statement that provides the following information: a. The date of the Contractor's protest. b. The nature and circumstances that caused the protest. c. The provisions in this Contract that support the protest. d. The estimated dollar cost, if any,of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor's records needed for evaluating the protest. 3. The City will evaluate all protests,provided the procedures in this section are followed. If the City determines that a protest is valid,the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Contractor's Duty to Complete Protested Work. In spite of any protest,the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor's Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1)endorsing it, (2)writing a separate acceptance,or(3) not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section shall constitute full payment and final settlement of all claims for Contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. PUBLIC WORK CONTRACT NO.13-02 February 20,2013 Page 6 of 12 D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,the Contractor also waives any additional entitlement and accepts from the City any written or oral order(including directions, instructions, interpretations,and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section,the Contractor completely waives any claims for protested work and accepts from the City any written or oral order(including directions, instructions, interpretations, and determination). XII. CLAIMS. The Contractor waives right to a claim if they have not followed procedures outlined in Section XI.A of this Contract. If resolution cannot be reached under Section XI.A,then the Contractor shall give written notice to the City of all claims other than change orders within fifteen (15)calendar days of the City's notice of its final decision on the Contractor's protest. Any claim for damages,additional payment for any reason,or extension of time,whether under this Contract or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Contract; or if(and only if)no such provision is applicable,unless that claim is set forth in detail in writing and received by the City within seven(7) calendar days from the date the Contractor knew, or should have known,of the facts giving rise to the claim. At a minimum, a Contractor's written claim must include the information set forth regarding protests in Section XI.A. Failure to provide a complete,written notification of claim within the time allowed shall be an absolute waiver of any claims arising in any way from the facts or events surrounding that claim or caused by that delay. The Contractor must, in any event,file any claim or bring any suit arising from or connected with this Contract within forty-five(45)calendar days from the date the Contract work is complete. XIIi. WARRANTY. All defects in workmanship and materials that occur within one year from the date of the City's acceptance of the Contract work shall be corrected by the Contractor. When defects are corrected,the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7)calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time,the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XIV. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees,agents and volunteers harmless from any and all claims, injuries, PUBLIC WORK CON"IRACF NO.13-02 Febwary 20,2013 Page 7 of 12 damages, losses or suits, including all legal costs and attorney fees,arising out of or in connection with the performance of this Contract, except for injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115,then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers,officials, employees,agents and volunteers,the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that this indemnification constitutes the Contractor's waiver of immunity under Industrial Insurance,Title 51 RCW, solely for the purposes of this indemnification. The parties aclaiowledge that they have mutually negotiated this waiver. The provisions of this section shall survive the expiration or termination of this Contract. XV. INSURANCE. The Contractor shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work hereunder by the Contractor, its agents,representatives, employees or subcontractors. Before beginning work on the project described in this Contract,the Contractor shall provide a Certificate of Insurance evidencing the coverages listed below. The policies of insurance for general, automobile,and pollution policies shall be specifically endorsed to name the Contracting Agency and its officers, elected officials, employees, agents and volunteers, and any other entity specifically required by the Contract Provisions,as additional insured(s). A. Automobile Liability insurance covering all owned, non-owned,hired and leased vehicles with limits no less than$1,000,000 combined single Iimit per accident for bodily injury and property damage. 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. B. Commercial General Liability insurance written with Iii-nits no less than$1,000,000 each occurrence, $2,000,000 general aggregate,and a$2,000,000 products-completed operations aggregate limit. Coverage shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors,products-completed operations,personal injury and advertising injury, and PUBLIC WORK CONTRACT NO. 13-02 February 20,2013 Page 8 of 12 liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion,collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy,with respect to the work performed for the City using ISO Additional Insurance endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. C. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. D. Other Insurance Provisions. The insurance policies are to contain,or be endorsed to contain,the following provisions for Automobile Liability and Commercial General Liability: 1. The Contractor's insurance coverage shall be primary insurance as respect 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. 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. E. Contractor's Insurance for Other Losses. The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools,Contractor's employee owned tools, machinery,equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers, or contractors as well as to any temporary structures, scaffolding,and protective fences. F. Waiver of Subro ag tion. The Contractor and the City waive all rights against each other, any of their Subcontractors, Sub-subcontractors,agents and employees, each of the other, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to Section XV of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. G. Acce tp ability of Insurers. Insurance is to be placed with authorized insurers in Washington State with a current A.M.Best rating of not less than A-:VII. H. 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 PUBLIC WORK CONTRACT NO.13-02 Fcbruary 20,2013 Page 9 of 12 additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. each subcontractor of every tier obtains and maintains at a minimum,the insurance coverages listed in this section. Upon request of the City,the Contractor shall provide evidence of such insurance. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. The City reserves the right to receive a certified copy of all the required insurance policies. XVI. MISCELLANEOUS. A. Nondiscrimination. In the hiring of employees for the performance of work under this Contract,the Contractor, its subcontractors, or any person acting on behalf of Contractor shall not, by reason of race,religion, color, sex, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,discriminate against any person who is qualified and available to perform the work to which the employment relates. B. Compliance with Laws. The Contractor shall comply with all federal, state and local laws,rules and regulations throughout every aspect in the performance of this Contract. C. Work Performed at Contractor's Risk. The Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents,and subcontractors in the performance of this Contract. All work shall be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to materials, tools,or other articles used or held for use in connection with the work. D. Nonwaiver of Breach. The failure of the City to insist upon strict perforrnance of any of the terms and rights contained herein,or to exercise any option herein conferred in one or more instances, shall not be construed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect. E. Governing Law. This Contract shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and the Contractor under any of the provisions of this Contract,resolution of that dispute shall be available only through the jurisdiction,venue and rules of the King County Superior Court, King County, Washington. F. Attorney 'sy Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this Contract,each party shall be responsible for payment of its own legal costs and attorney's fees incurred in PUBLIC WORK CONTRACT NO.13-02 February 20,2013 Page 10 of 12 defendung or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this Contract. G. Written Notice. All communications regarding this Contract shall be sent to the parties at the addresses listed on the signature page of this Contract,unless otherwise notified. Any written notice shall become effective upon delivery, but hi any event three(3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Contract. H. Assignment. Any assignment of this Contract by the Contractor without the written consent of the City shall be void. 1. Modification. No waiver,alteration, or modification of any of the provisions of this Contract shall be binding unless in writing and signed by a duly authorized representative of the City and the Contractor. J. Severability. If any one or more sections,sub-sections, or sentences of this Contract are held to be unconstitutional or invalid,that decision shall not affect the validity of the remaining portion of this Contract and the remainder shall remain in full force and effect. K. Entire Contract. The written provisions and terms of this Contract, together with any referenced documents and attached Exhibits ,supersede all prior verbal statements by any representative of the City,and those statements shall not be construed as forming a pall of or altering in any manner this Contract. This Contract, referenced documents, and any attached Exhibits contain the entire Contact between the parties. Should any language in any referenced documents or Exhibits to this Contract conflict with any language contained in this Contract,the terms of this Contract shall prevail. PUBLIC WORK CONTRACT NO. 13-02 February 20,2013 Page 11 of 12 IN WITNESS WHEREOF,the parties below have executed this Contract. COBRA BEC CORPORATED THE CITY OF AUB (Signature) (Signature) By ( u 1 um By Peter B.Lewis (Print name here) Its K Its Mayor (Authorize rep Presentative) 3 DATE: /�t -3 DATE: Contractor's State License No.,C�nb`ab goa State Tax Registration(UBI)No. 600 495 094 Federal Tax ID# Notices to be sent to: Notices to be sent to: COBRA BEC INC. CITY OF AUBURN Attn: Chuck Mahlum Attn: Lisa Moore 1220 37"' Street NW 25 West Main Street Auburn, WA 98001 Auburn,WA 98001 Phone: 253.887.1500 Phone: 253.288.3158 Fax: 253.887.1510 Fax: 253.931.3053 E-mail: chuckm @cobraresults.com E-mail: lmoore @aubumwa.gov ATTEST: o Danielle E. Daskam,City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney PUBLIC WORK CONTRACT NO.13-02 February 20,2013 Page 12 of 12 C(DBR/ i Building Envelope Contractors i EXHIBIT A ' ' i February 27, 2013 Mr. David Patch k City of Auburn RE: City Hall Conference Room Dear Mr. Patch: Please find below, pricing to furnish all labor and materials to complete the installation of a new roof to the above mentioned project. Specific Scope of Work: 1. Remove interior glass panes from openings. 2. Clean interior of window sections and re-install glass panes. 3. Remove roofing and gutter section form conference room roof. This will require a scaffolding section around the entire perimeter and will block the entry for the duration of the project; approximately four days. i 4. Install new rigid insulation. 5. Install new 60 mil single ply roofing. r 6. Fabricate and install new metal flashings as required for a water tight installation. 7. Install new gutters and downspouts with mesh covers to prevent leaf build-up. 8. Provide manufacturer's 20 year warranty and two year workmanship warranty. 9. Pricing assumes good faith survey complete with no ACM's present. Lump Sum Price: $19,840.00 plus tax i Price is valid for 30 days i Eastern WA—P.O.Box 19066,Spokane,WA 99219—(509)455.4043—(509)455-4594 fax Western WA-1220--37'h Street NW,Auburn,WA 98001—(253)887-1500—(253)987-1510 fax Cobraroofing.com—info@cobrarooting.com CC)OBA ri Building Envelope Contractors \\ EXHIBIT A t I Exclusions Our proposal excludes any scope of work other than that listed above. Additional exclusions are: Asbestos abatement; Decking replacement; Electrical line covers for safety; Traffic Coatings; Painting; interior/concealed work; wall sheathing; under deck framing; louvers; backing or blocking;furring; project design responsibility; temporary protection of roofing; temporary weather protection; foil faced insulation; building or interior expansion or seismic I joints; mechanical/electrical unit curbs disconnect or reconnect; concrete/bricklmasonry/EIF'S flashings; interior damages from leaks; mechanical/electrical/lightning protection; conduit; slip I sheets; snow removal; Damages due to incomplete operations.. Terms and Conditions: Cobra BEC, Inc. shall only extend its workmanship warranty obligation if repairs are necessary due to our sole negligence. Damage to roof system by others shall not apply to warranty extension and Cobra shall be entitled to repair costs for same. i Thank-you for this opportunity, Cobra BEC, Inc. Chuck Mahlum Project Manager P:253-887-1 500 F:263-887-1610 C:253-486-2936 i )✓astern WA—P.O.Box 19068,Spokane,WA 99219—(509)455-4043--(509)455.4594 fax Western WA—1220—371h Street NW,Auburn,WA 98001—(253)887-1500—(253)887-1510 fax Cobrarooling.com—infb@cobraroofing,com