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HomeMy WebLinkAboutCP1721 Christensen, IncCITY WASHINGTON January 5, 2018 CERTIFIED MAIL RETURN RECEIPT REQUESTED Nancy Backus, Mayor 25 West Main Street* Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000 Joe Presto Christensen, Inc., General Contractor 2840 Crites Street SW #100 Tumwater, WA 98516 NOTICE TO PROCEED C1y�/ q�BU�V JAN 08 2018 ��E RE: Project No CP1721, Les Gove Restroom Building, Contract #17-31 You are hereby notified to proceed as of January 5, 2018 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 90 working days for completion. If you have any questions, please contact Pat Patterson at 253-351-8877 or the Contract Administration Supervisor, Amanda DeSilver at 253-876-1980. Sincerely, J ?r7 Parks Planning and Development Manager Parks, Arts and Recreation Department JK/ad/as Enclosure cc: Dani Daskam, City Clerk Daryl Faber, Parks, Arts and Recreation Director CP1721 13.11 ENG -017, Revised 11/17 AUBURN *MORE THAN YOU IMAGINED Building AGREEMENT City of Auburn Les Gove Restroom AIA Form A101, Standard Form of Agreement Between the Owner and Contractor, as modified by the City, comprises the Agreement AGREEMENT made as of the Eighth day of December in the year Two Thousand Seventeen (In words, indicate day, month and year) BETWEEN the Owner: (Name, legal status, address and other information) City of Auburn Auburn City Hall 25 West Main Auburn, WA 98001 and the Contractor: (Name, legal status, address and other information) Christensen, Inc, General Contractor 2840 Crites St. SW #100 Tumwater, WA 98516 360 709 0330 joena,christenseninc cg com for the following Project: (Name, location and detailed description) Les Gove Restroom Building Project No. CP1721 Contract No. 17-31 The Architect: (Name, legal status, address and other information) David A. Clark Architects, PLLC 33017 13411' Ave SE Auburn, WA 98092 dclark(a)clarkarchitects. com tel 253 351-8877 The Owner and Contractor agree as follows. AGREEMENT Section 000500-1 City of Auburn Les Gove Restroom Building TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACTSUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT, SUBSTANTIAL COMPLETION, PHYSICAL COMPLETION, FINAL ACCEPTANCE, AND CONTRACT COMPLETION § 3.1 Notice to Proceed: The Notice to Proceed Date shall be determined at the Preconstruction Conference and shall be within five (5) working days of the execution of the Contract by the City. The City will send a dated and signed official "Notice to Proceed' to the Contractor. The Contract time shall begin on the first working day following the "Notice to Proceed Date." The "Notice to Proceed Date" is the Commencement Date of the work. The Contractor shall not commence with the work until the City has executed the Contract and the Owner has given the Notice to Proceed. The Contractor shall diligently pursue the work to the physical completion date within the time specified in the contract. Voluntary shutdown or slowing of operations by the Contractor shall not relieve the Contractor of the responsibility to complete the work within the time(s) specified in the contract. § 3.2 Substantial Completion Date: Substantial Completion Date is the day the Owner determines that it has full and unrestricted use and benefit of the facilities, both from the operational and safety standpoint, any remaining disruptions will be rare and brief, and only minor incidental work, replacement of temporary substitute facilities, plant establishment periods, or correction or repair remains for the Physical Completion of the total Contract. The construction work for this project shall be Ninety (90) calendar days from Notice to Proceed. AGREEMENT Section 000500-2 City of Auburn Les Gove Restroom Building § 33 Physical Completion Date: Physical Completion Date is the day all work is physically completed on the project. All documentation required under the contract and required by law does not necessarily need to be furnished by the Contractor before the establishment of this date, unless identified in the Contract documents. When the Contractor considers the work physically complete and ready for final inspection, the Contractor by written notice, shall request the Owner to schedule a final inspection. The Owner will set a date for final inspection. The Owner and the Contractor will then make a final inspection and the Owner will notify the Contractor in writing of all particulars in which the final inspection reveals the work incomplete or unacceptable. The Contractor shall immediately take such corrective measures as are necessary to remedy the listed deficiencies. Corrective work shall be pursued vigorously, diligently, and without interruption until physical completion of the listed deficiencies. This process will continue until the Engineer is satisfied the listed deficiencies have been corrected. If action to correct the listed deficiencies is not initiated within 7 days after receipt of the written notice listing the deficiencies, the Owner may, upon written notice to the Contractor, take whatever steps are necessary to correct those deficiencies. The Contractor will not be allowed an extension of contract time because of a delay in the performance of the work attributable to the exercise of the Owner's right hereunder. Upon correction of all deficiencies, the Owner will notify the Contractor and the Contracting Agency, in writing, of the date upon which the work was considered physically complete. That date shall constitute the Physical Completion Date of the contract, but shall not imply acceptance of the work or that all the obligations of the Contractor under the contract have been fulfilled. The Contractor must perform all the obligations under the Contract before a Completion Date can occur. Final Acceptance Date is the date upon which the Auburn City Council accepts the work as complete and approves the final payment due the Contractor is the final acceptance date. § 3.4 Liquidated Damages: Time is of the essence of the Contract. Delays cost the tax payers undue sums of money, adding time needed for administration, architectural and engineering services, inspection and supervision. Because the Owner finds it impractical to calculate the actual cost of delays, it has adopted the following formula to calculate liquidated damages for failure to reach substantial completion within 60 calendar days. Accordingly, the Contractor agrees: To pay (according to the following formula) liquidated damages for each calendar day beyond the number of working days established for Substantial Completion, and To authorize the Owner to deduct these liquidated damages from any money due or coming due to the Contractor. Liquidated Damages Formula LD= (0.15C)/T Where: LD = liquidated damages per calendar day rounded to the nearest dollar C = original Contract Amount T = original number of calendar days allowed to reach Substantial Completion Liquidated damages will not be assessed for any days for which an extension of time is granted. No deduction or payment of liquidated damages will, in any degree, release the contractor from further obligations and Iiabilities to complete the entire Contract. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Three Hundred Seventy Seven Thousand, Seven Hundred Fifty Two Dollars and sixty six cents ($377,752.66 ), subject to additions and deductions as provided in the Contract Documents, which includes Washington State Sales Tax. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: No bid alternates AGREEMENT Section 000500-3 City of Auburn Les Gove Restroom Building ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: One calendar month ending on the 15'h day of the month. § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 20th day of a month, the Owner shall make payment of the certified amount to the Contractor within 45 days, or after the next appropriately available City Council Meeting and approval of vouchers. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner after the Architect receives the Application for Payment consistent with the next available City Council Meeting and approval of vouchers. (Federal, state or local laws may require payment within a certain period of time) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent (5%), Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201T"'-2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of five percent (5%); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. § 5.1.7 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, less applicable retainage, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect, and. AGREEMENT Section 000500-4 Building .3 approval of the final acceptance of the Auburn City Council City of Auburn Les Gove Restroom § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 45 days after the Auburn City Council's final acceptance of the work, or as follows, subject to other conditions as specified within the Contract Documents § 5.2.3 Retainage will be held a minimum of 60 days after Owner's receipt of Certification of Completion from the Architect, and will otherwise be released to the Contractor upon the resolution and release of all liens, claims, and legal obligations against retainage. See section 000620, Retainage. FSV17WQ*A M, 03-1-12,111932 9 **0 611111 [W1 § 6.1 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201-2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court ofcompetentjurisdiction.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2007 [ X ] Litigation in King County Superior Court [ ] Other (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) IQC63W § 8.3 The Owner's representative: (Name, address and other information) Jamie Kelly Park Planning & Development Manager 910 96'St. SE Auburn, WA 98002 j wkelly(&auburnwa. sov § 8.4 The Contractor's representative: AGREEMENT Section 000500-5 City of Auburn Les Gove Restroom Building (Name, address and other information) Joe Presto 2840 Crites St. SW #100 Tumwater, WA 98516 j oe(ab,christensenincgc. com § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: None ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 8.1.1 The Agreement is this executed AIA Document Al 01-2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201-2007, General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract as included in the Specifications. § 9.1.4 The Specifications as listed in Section 000010. § 9.1.5 The Drawings as listed on the Drawing Index on sheet A-100. § 9.1.6 The Addenda, if any: Number Date Pages Addendum #1 11/16/2017 10 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents: Bid Forms Storm Water Management Manual — City of Auburn Engineering design and construction Standards — City of Auburn Documents and standards as referenced in the specifications and drawings ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201-2007 and section 000498. AGREEMENT Section 000500-6 City of Auburn Les Gove Restroom Building IN WITNESS WHEREOF the parties hereto have caused this Contract to be executed the day and year first hereinabove written. CITY OF AUBURN, WASHINGTON By & - Na ackus, Mayor Countersigned: this day of J U^0 Ce", 2015— ATTEST: �yG�w�d Danielle E. Daskam, City Clerk CHRISTENSEN, INC, GENERAL CONTRACTOR horized Official Signature END OF SECTION AGREEMENT Section 000500-7 City of Auburn Les Gove Restroom Building SECTION 00600 CONTRACTBOND CONTRACT NO. 17-31 BOND NO. 106829587 BOND TO CITY OF AUBURN, WASHINGTON KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, Christensen. Inc. 2840 Crites St SW #100. Tumwater. WA 98516 , as principal, and Travelers Casualty and Surety Company of America , a corporation, organized and existing under the laws of the State of Connecticut as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surety, are jointly and severally held and firmly bound to the City of Auburn, Washington, in the penal sum of Three Hundred Seventy Seven Thousand, Seven Hundred Fifty Two Dollars and Sixty Six Cents ($377,752.66), 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 21st day of December 2017 Nevertheless, the conditions of the above obligation are such that: WHEREAS, the City of Auburn on the 4th day of December, 2017, let to the above bounden principal a certain Contract. The said Contract being numbered 17-31, and providing for the construction of Project CP1721, Auburn Les Gove Park Restroom Building (which Contract is referred to herein and is made a part hereof as though attached hereto), and WHEREAS, the said principal has accepted, or is about to accept, the said Contract, and 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 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 Performance Bond Form Section 00600 - 1 City of Auburn Les Gove Restroom Building IN WITNESS WHEREOF, the above -bounden parties have executed this instrument this 21st day of December 2017 Principal Travelers Casualty and Surety Company of America Surety By „ Att6meylln Fact Nicholson & Associates Insurance LLC 1802 Black Lake Blvd SW #301, Olympia, WA 98512 360-352-8444 Resident Agent's Address & Phone Number END OF SECTION Performance Bond Form Section 00600 - 3 Travelers Casualty and Surety Company of America AA► Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Tiffany Karpavlclus of Olympia, Washington, their true and lawful Attomey-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF. the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017.0,y 0 State of Connecticut By: City of Hartford as. Robert L. Raney, Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. aTR My Commission expires the 30th day of June, 2021 rM Mme-0 me- �. J.RAAS,dAJ.7.a • �p i Mane C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or waiting obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casually and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 21st day of December , 2017 080 Kevin E. Hughes, Assi tant Secretary ro verify the authenticity of this Power of Attorney, please tali us at 1-800-421-3880. Please refer to the above-named Attorney -in -Fact and the details of the bond to which the power is attached. Page 1 of 2 Consumer tools Agent and Company Lookup Orders Independent Review Decisions TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Change History I Licensing I Appointments I Complaints I Orders I National Info Ratings Tax Filings Back to Search General information Name: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Corporate family group: TRAVELERS GRP 0 Organization type: PROPERTY Doing Business As (DBA): Unavailable WAOIC: 10 NAIC: 31194 Status: ACTIVE Admitted date: 04/01/1977 Ownership type: STOCK IwKV.top Company change history o View changes back to, top Types of coverage authorized to sell o 4 back to.top ................ Contact information Registered Mailing address address ONE TOWER SQUARE ONE TOWER SQUARE HARTFORD, CT 06183 HARTFORD, CT 06183 Telephone Telephone 860-277-0111 860-277-0111 Agents and agencies that represent this company (Appointments) o View agents View agencies P back to top Company complaint history o View complaints https://fortress.wa.gov/oic/consumertoolkit/Company/CompanyProfile.aspx? WAOIC=10 1/4/2018 Page 2 of 2 ? back a ,,o Orders issued since 2010 No orders are found back to top Premium tax filings by tax year 2016 2015 2014 2013 T bac„k_fo [op National information on insurance companies Want more information about this company? The NAIL s Consumer ]Moi mation (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. 4 back to tap .............. Ratings by financial organizations The following organizations rate insurance companies on their financial strength and stability. Some of these companies charge for their services. A.M. Best Weiss Group Ratings Standard and Poor's, Corp ..1. .........__._.._. Moody's Investors ,Service Fitch IBCA Duff and Phelps Ratings Disclaimer: Links to external or third -party websites are provided solely for visitors' convenience. Links you take to other sites are done so at your own risk and our ofhce accepts no liability for any external linked sites or their content. Be aware that not all financial rating companies use the same rating processes. back m top ....... _...... https://fortress.wa.gov/oic/consumertoolkitICompany/CompanyProfile.aspx?WAOIC=l0 1/4/2018 }F O G3 bled Fen r.mem rmmegaum Xeelm a oinwnN Omv Diann. 23 Travelers Casualty and Surety Co America (a member of Travelers Group) AM.ReetR.. NNCk31184 FEINTMLOo1370 Address: One Tower Square Phan: 860.277-0111 HaMON, CT 03183 Fax: 860-277-7002 U10TEDSTATES web: wwwtowaids.aom Page 1 of 2 Follw 6 pmathiip.g. Bests Credit Ratings Tap Sbb(c)e B..IM.. d6uxdu11x,.o1l..,. ,i vnm.m 1. Other Liability (Claims -mads) IVo, Daemon) 1. CaOtemia Financial Strength Retina View Definition Long-Temer Issuer Credit Rating Vim Contrition Rating: A4*(SUPanap Long -Term: aa9 Financial Site Category: XV ($2 BIIII. or gnarled) Outlook: Slade Outlook: Stable Action: Alfined Action: AOImIed Effective Data October 05. 2017 Effective Deb: October 05, 2017 1.11.1 Ran, Date: April 18, 2005 Initial Rel ng Data: June 30, 1975 Unionist, The company is Il.nse i m the opmal of Columbia, Guam, Puerto Rica, U.S. Vbgln Islands and all Rates. Top Ursoh)of Business, dwceduon Daeld Prolumayd isni Tap Sbb(c)e B..IM.. d6uxdu11x,.o1l..,. ,i vnm.m 1. Other Liability (Claims -mads) IVo, Daemon) 1. CaOtemia 2. 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ALL Fill RESERVED http://www3.ambest.com/Consumers/CompanyProfile.aspx?BL=36&ambnum=003609&PP... 1/4/2018 Escrow No. 7000988902 Agency City of Auburn 25 W. Main, Auburn WA 98001-4998 Contract No. 17-31 ESCROW AGREEMENT TO: Columbia State Bank 2820 Harrison Avenue NW Olympia WA 98502 The Undersigned, Christensen, Inc., General Contractor, 2840 Crites St. SW #100, Tumwater, WA 98516, herein referred to as the Contractor, has directed the City of Auburn, hereinafter referred to as the Agency, to deliver to you its warrants, which shall be payable to you and the Contractor jointly. Such warrants are to be held and disposed of by you in accordance with the following instructions and upon the terms and conditions hereinafter set forth. INSTRUCTIONS 1. Warrants or checks made payable to you and the Contractor jointly upon delivery to you shall be endorsed by you and forwarded for collection. The moneys will then be used by you to purchase, as directed by the Contractor, bonds or other securities chosen by the Contractor and approved by the Agency. Attached is a list of such bonds, or other securities approved by the Agency. Other bonds or securities, except stocks may be selected by the Contractor, subject to express written approval of the Agency. Purchase of such bonds or other securities shall be in a form which shall allow you alone to reconvert such bonds or other securities into money if you are required to do so by the Agency as provided in paragraph 4 of this Escrow Agreement. 2. When and as interest on the securities held by you pursuant to this agreement accrues and is paid, you shall collect such interest and forward it to the Contractor at its address designated in the first paragraph unless otherwise directed by the Contractor. 3. You are not authorized to deliver to the Contractor all or any part of the securities held by you pursuant to this agreement (or moneys derived from the sale of such securities, or the negotiation of the Agency's warrants) except in accordance with written instructions from the Agency. Compliance with such instructions shall relieve you of any further liability related thereto. The estimated completion date on the contract underlying this Escrow Agreement is May 25, 2018 4. In the event the Agency orders you to do so in writing, you shall, within thirty-five (35) days of receipt of such order, reconvert into money the securities held by you pursuant to this agreement and return such money together with any other moneys held by you hereunder, to the Agency. 5. The Contractor agrees to pay you as compensation for your services hereunder as follows: Payment of all fees shall be the sole responsibility of the Contractor and shall not be deducted from any property placed with you pursuant to this agreement until and unless the Agency directs the release to the Contractor of the securities and moneys held hereunder whereupon you shall be granted a first lien upon such property released and shall be entitled to reimburse yourself from such property for the entire amount of your fees as provided for herein above. On the event that you are made a party to any litigation with respect to the property held by you hereunder, or in the event that the conditions of this escrow are not promptly fulfilled or that you are required to render any service not provided for in these instructions, or that there is any assignment of the interests of this escrow or any modification hereof, you shall be entitled to reasonable compensation for such extraordinary services from the Contractor and reimbursement from the Contractor for all costs and expenses, including attorney fees occasioned by such default, delay, controversy or litigation. 6. This agreement shall not be binding until executed by the Contractor and the Agency and accepted by you. 7. This instrument contains the entire agreement between you, the Contractor and the Agency with respect to this escrow and you are not a party to nor bound by any instrument or agreement other than this; you shall not be required to take notice of any default or any other matter nor be bound by nor required to give notice or demand, nor required to take any action whatever except as herein expressly provided; you shall not be liable for any loss or damage not caused by your own negligence or willful misconduct. 8. The forgoing provisions shall be binding upon the assigns, successors, personal representatives and heirs of the parties hereto. The undersigned have read and hereby approve the instructions as given above governing the administration of this escrow and do hereby execute this agreement on this 511- day of Tg h jr , 20_L!T Christensen. Inc.. General Contractor (Contractor) By ignatur Kevin Christensen. President (Name) (Title) City of Auburn (Agency) i 2l (Finance Dir or Shelley Coleman) �h The above escrow instructions received and accepted this day of oece t, fix. _ , 20J_2. aPr'\rX By P o.- ��'.. •. Officer)�4Authorizecl Bank -Mam lrA (Name) (Title) Securities Authorized by Agency: 1) Bills, certificates, notes or bonds of the United States; 2) Other obligations of the United States or its agencies; 3) Obligation of any corporation wholly-owned by the government of the United States; 4) Indebtedness of the Federal National Mortgage Association; 5) Time deposits in commercial banks; and 6) Savings deposits in commercial banks. REF. ENG -093, Revised 11117 E:\Share\ContractingPubl icW orks\FC115 CHRIS01 OP ID: TH ,4k.--- CERTIFICATE OF LIABILITY INSURANCE DATE 12122/201 7 1 uzuzol7 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Nicholson 8 Associates 1802 Black Lake Blvd. SW Olympia, WA 98512 Ben M. Houk NAMEACT TiffanyKar avicius E :360-352-8444 FAX Luc. No, ac No: 360-943-9772 noorsess: mail@nichinsure.com INSURERS) AFFORDING COVERAGE NAIC d EACH OCCURRENCE $ 1,000,00 INSURER A: Ohio Casualty Insurance Co 24074 MED EXP (Any one parson) $ 5,00 INSURED Christensen, Inc. General Contractor INSURER B: 2840 Crites St SW, Suite 100 INSURER C INSURER D : Tumwater, WA 98512 INSURER E: PERSONAL$ ADV INJURY $ 1,000,000 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR - - POLICY EFF POLICY E%P LTR TYPE OF INSURANCEIOWD POLICY NUMBER IXMlDD/YYYY MMIDWYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR X X BLS57232670 06/16/2017 06116/2018 EACH OCCURRENCE $ 1,000,00 PREMISES (Ea.ccurrancel $ 100,00 MED EXP (Any one parson) $ 5,00 PERSONAL$ ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY Lx]jECT F71 LOC GENERAL AGGREGATE S 2,000,00 PRODUCTS - COMPIOP AGG $ 2,000,00 $ OTHER' A AUTOMOBILE X LIABILITY ANY AUTO X X BAS17232670 06116/2017 0611612018 COMBINED SINGLE LIMIT S 1,000,00 Ea accident BODILYINJURY(Per Person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Parawitlant X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE $ Peraccideru X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 8,000,00 A EXCESS UAB CLAIMS -MADE X X US057232670 06/16/2017 0611612018 AGGREGATE s 6,000,00 DED I X RETENTIONS 10,000 $ 1 A WORKERS COMPENSATION AND EMPLOYERS 41MIUTY ANY PROPRIETORIPARTNER/EXECUTIVE YIN OFFICERIMEMBER EXCLUDE07 El (Mandatory In NH) s. desce under If yerib DESCRIPTION OF OPERATIONS below N I A BLS57232670 WA STOP GAP 06116/2017 06/16/2018 PER OTH- X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E DISEASE -POLICY LIMIT S 1,000,000 A Builders Risk BM057232670 06116/2017 06/16/2018 Limit: 2,074,980 Ded 1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Project Les Gove Restroom Building Project No. CP1721 Certificate Holder is included as Additional Insured as required by written contract per the attached endorsement. Insurance is Primary and Non - Contributory per attached endorsement. Waiver of Subrogation is included per attached endorsement CITYA-2 City of Auburn Auburn City Hall 25 W Main Auburn, WA 98071-1875 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 91988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY — ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS —COVERAGES A AND B 3 ADDITIONAL INSUREDS — BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY —ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS — EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED — INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED — 6 FELLOW EMPLOYEE EXTENSION — MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US — 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I — Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY — ELEVATORS 1. Under Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage' results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV — Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. 2. Paragraph 6. under Section III — Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection systems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I — Coverage C — Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1. Under Supplementary Payments — Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II — Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or C. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.1b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV — Commercial General Liability Conditions. C 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section 1 - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury' or "property damage" arising from the sole negligence of the additional insured. It. "Bodily injury' or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. C. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or It. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Su it: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and C. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III — Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that cc -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others, or if coverage for providing professional health care services is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxication by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and C. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarabons or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV — Commercial General Liability Conditions, the following is added to Condition 6. Representations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV — Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II — Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V — Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance services Office, Inc., with its permission. Page 7 of 8 EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage' resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US — WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV — Commercial General Liability Conditions, the following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agreement. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 COMMERCIAL GENERAL LIABILITY CG 85 83 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED CONTRACTORS — PRODUCTS/COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2. under Section II —Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract or written agreement. Such person or organization is an additional insured but only with respect to liability for "bodily injury" or "property damage": 1. Caused by "your work' performed for that additional insured that is the subject of the written contract or written agreement; and 2. Included in the "products -completed operations hazard". However: a) The insurance afforded to such additional insured only applies to the extent permitted by law; and b) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit' by the additional insured as required in Paragraph b. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV — Commercial General Liability Conditions. B. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I — Coverage A — Bodily Injury And Property Damage Liability: This insurance does not apply to: "Bodily injury" or "property damage' that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. 2. "Bodily injury' or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and b. Supervisory, inspection, architectural or engineering activities. ® 2013 Liberty Mutual Insurance CG 85 83 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 C. With respect to the insurance afforded by this endorsement, exclusion I. Damage To Your Work of Paragraph 2. Exclusions under Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products - completed operations hazard". D. With respect to the insurance afforded to these additional insureds, the following is added to Section 11 — Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declaration. whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. E. With respect to the insurance afforded by this endorsement, Section IV — Commercial General Liability Conditions is amended as follows: 1. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claims Or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and C. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. Paragraph 4. of Section IV — Commercial General Liability Conditions is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. ® 2013 Liberty Mutual Insurance CG 85 83 04 13 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Page 2 of 2 Page 1 of 2 Consumer tools Agent and Company Lookup Orders Independent Review Decisions OHIO CASUALTY INSURANCE COMPANY THE Change,History I Licensing Appointments I Complaints I Orders I Nationai,Info I Ratings I Tax Filings Back to Search General information Name: OHIO CASUALTY INSURANCE COMPANY THE Corporate family group: LIBERTY MUT GRP O Organization type: PROPERTY Doing Business As (DBA): Unavailable WAOIC: 1001 NAIC: 24074 Status: ACTIVE Admitted date: 04/10/1926 Ownership type: STOCK ^ back to o, Company change history o View changes T back_go, top Contact information Registered address Mailing address 62 MAPLE AVE 175 BERKELEY ST KEENE, NH 03431 BOSTON, MA 02116 Telephone Telephone 513-603-2400 617-357-9500 Types of coverage authorized to sell o T track to top Agents and agencies that represent this company (Appointments) o View agents View agencies T back to top Company complaint history o View complaints t back to top htrnc•//fnrrrrcc iwn anv/nir/rnncnmrrtnnikit/f mmnanv/rmmnanvProfilr acnx9WA()i('.=1001 1 /4/')()1 R Wed Reenmenl rvoma a Amo Health a Deatellry Oh.Lb Ease. 23 in— Ohio Casualty Insurance Company (a member of Liberty Mutual Insurance Companies) AM. Base O]J%B NNC t N074 FEINT 31-09525O Address: 175 Serkeley Elmet Phone: 513-603-2400 Boalon, MA 02118 Fax: 513£03-3179 UNITED STATES Web: sovao Llbart Mulual omp.com Page T of 2 Follow A Pdnl ibis page Best's Credit Ratings Top Stote(a) of Business Posts upon Cava PnmWmeWithout 1. Omer Liability occnnencai Y—DeAnlnon) 1. Califamia Financial Strength Rating View op ration Long -Term Issuer Credit Rating View Definition Rating: A(Excellent) Long -Term: e Affiliation Code: p(Podled) Bullock: stable Financial sin Category: %V (52 BIIIlon r,..t.,) Action: Armond Outlook: Somali Effective Date: Meru 00, 2017 Action: A51med Initial Rating Date: July 2L 2005 Effective Data: March 08, 2017 Initial Rating Dat.: June 30, 1924 u D enthe under Revinw Bmrs Rahn, Licensing: The company Is licensed in flue District of Columbia and alt states. Top Line(slof Business Iasi oon Deem P.emmma .,as.) Top Stote(a) of Business Posts upon Cava PnmWmeWithout 1. Omer Liability occnnencai Y—DeAnlnon) 1. Califamia 2. Commercial Mu0iple Peril maw eear0ml 2. Texas 3. Smitylunw Driva ) 3. Washington 4. Inland Wrinalmew Denmmnl 4. New Ymk Total Assets SN.w Jereey DPW- Top Erose of Business Compemy Attributes 347ou.00o0o t IndustryInsurance Business: Praperty)Cmamfir se. Or. CO - l a80%\ Buelness Status: In Swuness sssco,009 do i _I' Entity: Operating Company S5,e00,00000 �- - i I I%\ /0B' Consolidated Type: ARleletl single Company J Organs ton Type: Black w.poo,000w Statement Type: NAIC PC seno.nnn nn ttt } r .. A . Leat Site lament 3rd Quarter 2017 56.100.0on n0 111 ss.000.uoo no - ..:I-�- .'900.0'J000 _ 22.26.% asNDIN90o — 01ne L baay(oa a least roe r sou Or. Mn — Commercial MUlllua Poen—Burely mixed — Pulo lcommornull new Year Nichem, Campenaelpn Top Line(slof Business Iasi oon Deem P.emmma .,as.) Top Stote(a) of Business Posts upon Cava PnmWmeWithout 1. Omer Liability occnnencai Y—DeAnlnon) 1. Califamia 2. Commercial Mu0iple Peril maw eear0ml 2. Texas 3. Smitylunw Driva ) 3. Washington 4. Inland Wrinalmew Denmmnl 4. New Ymk 5 AWo(Comemmosirymw Dehrden) SN.w Jereey To view compelitive insures for Ohio Casually Insurance Company, please select Stale and Line of coverage and click compere. State.', glen ante Line: Comnm. Terms of use httnJ/www3.a,mhest.coat/cansrnmet:c/CmmnanvPrnfile..a5nx?BT: 36k..amhnnm=nn2;7RRcPPP= 1/4/?n1R CITY OF AtiBuRNNancy Backus, Mayor WAASSH II NGGTTOiN 25 West Main Street* Auburn WA 980C14998* www.auburnwa.gov * 253-931-3000 January 3, 2019 CERTIFIED MAIL RETURN RECEIPT REQUESTED Joe Presto Christensen, Inc., General Contractor 2840 Crites Street SW #100 Tumwater, WA 98516 RE: Contract No. 17-31 Project No. CP1721, Les Gove Restroom Building Contract Completion and Acceptance Dear Mr. Presto: In accordance with the Contract Specifications, the above referenced contract is considered complete and work accepted as final by the City Council on December 3, 2018. The one-year warranty period begins as of the date of City Council acceptance. Your Contract Bond must remain in full effect until the expiration of the lien period and there are no liens pending, then the penal sum of this bond, may be reduced to either ten percent (10%) of the value of the improvements to the City or two thousand dollars ($2,000.00), whichever is greater. Your retainage in the amount of $17,170.59 will be released within 60 days provided all necessary releases have been received and there are no outstanding claims against the retainage. Please be aware that retainage cannot be released until Affidavits of Wages Paid for your firm and all Subcontractors have been approved by L&I, and that incorrect information supplied to L & I may delay release of retainage until payment of industrial insurance by all Subcontractors is verified. If you have any questions, please contact Amanda DeSilver, Contract Administration Supervisor, at 253-876-1980. Sincerely, Jamie Kelly Parks Planning a?Development Manager Parks, Arts and Recreation Department JK/ad/as Enclosure cc: Shawn Campbell, City Clerk Jacob Sweeting, Assistant Director of Engineering/City Engineer File 13.11 (CP1721) ENG -142, Revised 12/18 AUBURN* MORE THAN YOU IMAGINED 1/2/2019 Washington State Department of Labor & Industries Public Works Projects Awarding Agency: AUBURN MUNICIPAL AIRPORT Project: CP1721 Les Gove Restroom Bldg Affidavits Not Filed Public Works for Awarding Agencies View contractors who haven't filed their Affidavit for the project. Every contractor that files an Intent is expected to file an Affidavit for that Intent. Note: If a contractor files two Intents for the project, but only one Affidavit, they will show on this list as having an Affidavit not filed. Contractors may request incorrect forms be deleted from the system. Show15 • rows Showing records I to 3 of 3 4 Provloue Naxt 1 Contractor Intent ID WA UBI No. License ID L&I Account ID CHRISTENSEN INC GENERAL CONTR 881090 601546765 CHRISIC066LO 86797300 J CORLISS RESOURCES INC 887082 602237779 CORLIR1980JZ 04111407 NORTH PACIFIC ELECTRIC INC 896179 602117535 NOR'rHPE957JA 26408002 ® Washington State Dept. of Labor 8 Industries. Use of this elle is sublocl to the laws of the state of Washington. Help us improve httpsllsecureaccem.wa.govAnilpwiaal#public-works/840349/afflda,Ats-not-filed/ 1/1