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MS1914 JACE4 HVAC Citywide Controls Upgrade Contract No. 19-13 with MacDonald Miller
CITY OF * Nancy Backus,Mayor s t • WAS H I NGTf4N 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000 July 10, 2019 CERTIFIED MAIL RETURN RECEIPT REQUESTED Michael Coffey MacDonald Miller Facility Solutions 7717 Detroit Avenue SW Seattle, WA 98106 NOTICE TO PROCEED RE: MS1914, JACE4 HVAC Citywide Controls Upgrade, Contract#19-13 You are hereby notified to proceed as of July 10, 2019 with the work on the above- referenced project, within the time period specified, in accordance with the provisions of the contract documents, copy enclosed. Your first working day will be July 11, 2019.This project has 120 working days for completion. If you have any questions, please contact me at 253-288-3158 or the Contract Administration Supervisor, Amanda DeSilver at 253-876-1980. Sincerely, Lisa Moore Facilities Manager Administration Department LM/ad/as Enclosure cc: Shawn Campbell, City Clerk File 13.11 (MS1914) • i ENG-017, Revised 12/18 AUBu * MORE THAN YOU IMAGINED NON-FORMALLY BID PUBLIC WORKS CONTRACT NO. 19-13 Project No.MS1914: JACE4-HVAC Citywide Controls Upgrade THIS CONTRACT is entered into between the City of Auburn,a Washington Municipal Corporation ("City"), and MacDonald Miller Facility Solutions ("Contractor"), whose mailing address is 7717 Detroit Avenue SW, Seattle,WA 98106. RECITALS: 1.The City is in need of construction contracting services to complete the public work as described in this Contract. 2. Contractor is qualified to perform the services described in the Scope of Work. 3.The City wishes to engage Contractor for the performances of these services. 4.This contract was not formally bid because(check one) ❑ LIMITED PUBLIC WORKS CONTRACT: Engineer's Estimate<$35,000.00 and this contract was awarded using the Limited Public Works process as described in RCW 39.04.155. ❑ SMALL PUBLIC WORKS CONTRACT(SINGLE TRADE WORK): Engineer's Estimate<$40,000.00 ❑ SMALL PUBLIC WORKS CONTRACT(MULTIPLE TRADE WORK): Engineer's Estimate<$65,000.00 ❑ EMERGENCY PUBLIC WORKS CONTRACT: Per RCW 39.04.280,this work is exempt from competitive bidding requirements because the work is considered an emergency,meaning unforeseen circumstances beyond the control of the City either: (a)Present a real,immediate threat to the proper performance of essential functions; or(b)will likely result in material loss or damage to property,bodily injury, or loss of life if immediate action is not taken. ❑ COOPERATIVE PURCHASING AGREEMENT: This contract is being let under(cooperative contract No. X)between(agency) and(contractor)in accordance with RCW 39.34 (Interlocal Cooperation Act). ® Other Competitive Negotiation in accordance with RCW 39.04.270. ENG-059,Revised 1/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 19-13 May 2,2019 Page 1 of 14 AGREEMENT 1) CONTRACTOR SERVICES The Contractor shall do all work and furnish all tools,materials and equipment for the completion of Project No.MS1914 in accordance with this Contract form. Scope of work is as follows: See Exhibit A,which is attached hereto and by this reference made part of this Contract. 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: A. Non-Formally Bid Public Works Contract(this form) B. Proposal Form C. Exhibit A: Scope of work D. City of Auburn Construction Standards E. City of Auburn Design Standards F. Washington State Department of Labor&Industries Prevailing Wage Rates and Benefit Key Code effective the date the Contractor submitted the Construction Work Quote Form G. In case of any ambiguity or dispute over interpreting the Contract,the Facilities Manager's decision will be final. 2) CITY OF AUBURN BUSINESS LICENSE The Contractor, subcontractors, and lower tier subcontractors,shall have an active City of Auburn business license. 3) NOTICE TO PROCEED A Notice to Proceed will be issued once the Contract has been fully executed by the Contractor and City,and all insurance and licensing requirements as set forth in the contract have been met. The Notice to Proceed Date shall be either the date the Contractor commenced contract work or the date the contract has been fully executed by the Contractor and City and all insurance and licensing requirements as set forth in the contract have been met,whichever occurs first. 4) TIME OF COMPLETION The Contractor shall complete the work within 120 working days from the Notice to Proceed Date. ENG-059,Revised 1/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 19-13 May 2,2019 Page 2 of 14 5) LIQUIDATED DAMAGES (CHECK ONE) ® Liquidated damages shall not apply to this contract. ❑ Liquidated damages shall apply to this contract as follows: If said work is not completed within the time specified,the Contractor agrees to pay liquidated damages to the City as follows: A. To pay(according to the following formula)liquidated damages for each working day beyond the number of working days established for physical completion, and B. To authorize the Engineer to deduct these liquidated damages from any money due or coming due to the Contractor. C. 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 liabilities to complete the entire Contract. Formula: Contract Price(without tax)x 0.15,divided by the original number of working days for completion. 6) HOURS OF WORK Allowed hours of work are as a specified in the City of Auburn Construction Standards,Part 1, • Section 1-08.0(2)(Hours of Work),which by reference is incorporated is a part of this contract. 7) COMPENSATION The Contractor shall do all work and furnish all tools,materials, and equipment for the work and services contemplated in this Contract for compensation as follows: (Check One) ® Lump Sum Amount ❑ Unit Bid Prices as listed in the Construction Work Quote Form ❑ Not to Exceed Amount,paid per the Force Account method as described in Section 1- 09.6 of the current WSDOT Standard Specifications for Road,Bridge and Municipal Construction The Lump Sum Amount,as specified above is two hundred fifty thousand,sixty-seven dollars ($250,067.00) and Washington State Sales Tax of twenty-five thousand,six dollars and seventy cents($25,006.70)for a total of two hundred seventy-five thousand,seventy-three dollars and seventy cents($275,073.70.) This project is subject to use tax,which shall be included lump sum,unit bid, or time and material compensation amount listed herein. ENG-059,Revised 1/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.19-13 May 2,2019 Page 3 of 14 The City's sales tax area is 1702 for work within King County and 2724 for work within Pierce 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 full Contract amount,unless the contact amount is $150,000.00 or less and the Contractor has elected to have 10%retainage held by the City, in which case a performance bond is not required for this project. B. Retainage(check one) ❑ This is a Limited Public Works Contract AND the City has waived retainage requirements. ❑ This contract is $150,000.00 or less,therefore,the following applies: The Contractor may elect to furnish a performance bond, in which case the City shall hold back retainage in the amount of 5%of any and all payments made to the Contractor, OR have the City retain,in lieu of the performance bond, 10%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 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 30 days after the Completion Date,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. This contract is over, $150,000.00,therefore,the following applies: The City shall hold back retainage in the amount of 5%of any and all payments made to the Contractor pursuant to RCW 39.08.010. The Contractor can choose to have the retainage held by the City in a non-interest bearing 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 30 days after the Completion Date, 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 ENG-059,Revised 1/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 19-13 May 2,2019 Page 4 of 14 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 submittal of the Final Invoice by the Contractor shall constitute a waiver of claims, except those previously and properly made and identified by the Contractor as unsettled at the time Final Invoice is submitted by the Contractor. 8) 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. 9) SUBCONTRACTING Work done by the Contractor's own organization shall account for at least 30 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. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form, for the Contractor and ENG-059,Revised 1/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 19-13 May 2,2019 Page 5 of 14 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 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. ENG-059,Revised 1/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 19-13 May 2,2019 Page 6 of 14 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. 10)TERMINATION The City may terminate this Contract for good cause. "Good cause" shall include,without limitation, any one or more of the following events: 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. 11)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 date the Contractor submitted the Construction Work Quote Form 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, if applicable,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. ENG-059,Revised 1/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.19-13 May 2,2019 Page 7 of 14 12)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 10 calendar days of the date the facts and events giving rise to the requested change occurred. 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. If the Contractor fails to request 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. Within 2 days of receiving a written change order or oral order that the Contractor desires to protest,the Contactor shall give a signed written notice of protest to the City; and 2. Supplement the written protest within 14 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. ENG-059,Revised 1/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 19-13 May 2,2019 Page 8 of 14 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 Chances The Contractor accepts all requirements of a change order by: (I)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. 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). 13)CLAIMS The Contractor waives right to a claim if they have not followed the protest procedures outlined in this Contract. If resolution of a protest cannot be reached, and the Contractor wishes to pursue a claim,the Contractor shall give written notice of claim to the City within 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. At a minimum,a Contractor's written claim must include the information set forth regarding protests in this Contract. ENG-059,Revised 1/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.19-13 May 2,2019 Page 9 of 14 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 prior to signing the Final Payment Form. 14)WARRANTY (CHECK ONE) ❑ No warranty applies to the Contract Work. ® Warranty applies to the Contract Work as follows: All defects in workmanship and materials that occur within one year of the Contract Completion date 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 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. 15) INDEMNIFICATION Contractor shall defend, indemnify and hold the City, its officers, officials,employees,agents and volunteers harmless from any and all claims, injuries,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. ENG-059,Revised 1/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.19-13 May 2,2019 Page 10 of 14 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 acknowledge that they have mutually negotiated this waiver. The provisions of this section shall survive the expiration or termination of this Contract. 16) INSURANCE Insurance requirements shall be as specified in the City of Auburn Construction Standards,Part 1, Section 1-07.18 (Insurance)which by reference is incorporated is a part of this contract. 17)CORRESPONDENCE (CHECK ONE) ® Submittals and formal Requests for Information(RFI)shall not be required for this contract. ❑ Submittals and Requests for Information(RFI)shall be as follows: A. Requests for Information (RFI's). RFI's shall be made electronically and shall be transmitted via e-mail to PWSubmittals@auburnwa.gov. The e-mail subject line of electronic RFI's shall include the following: Contract Number and Project Name/Number as applicable— RFI Title/Subject. Each e-mail shall be limited to 7 MB's in size. All RFI's shall accompany the City of Auburn "CEP Construction Request for Information" (RFI)form as a cover letter with enough information provided for the Engineer to respond accordingly. The time required to evaluate and review RFI's is not the same for all RFI's. The Contractor shall allow a minimum of 10 calendar days,unless otherwise noted,for the Engineer to respond. B. Submittals. All submittals shall be made electronically and shall be transmitted via e-mail to PWSubmittals@auburnwa.gov. The e-mail subject line of electronic submittals shall include the following: <<<Project Number>>>,<<<Project Name>>>-"Submittal Title". Each electronic email shall be limited to 7 MB's in size. All electronic submittals shall be clear,sharp high contrast electronic files in Word 2007,Excel 2007 or PDF formats. All submittals shall accompany the City of Auburn "Request for Submittal Approval"(RSA) form. Any submittals made without the RSA form or without all of the required information on the form filled out by the Contractor shall be rejected without review. No additional compensation or time extension shall be granted for a Contractor not supplying this form as a cover letter for their submittals or for an improperly filled out form. 18) 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 ENG-059,Revised 1/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.19-13 May 2,2019 Page 11 of 14 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. Qualifications of Bidder. Before award of a public works contract,a bidder must meet at least the minimum qualifications of RCW 39.04.350(1)to be considered a responsible bidder and qualified to be awarded a public works project. D. 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. E. 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. F. 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. G. Attorney's 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 defending 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. H. 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 in any event 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. I. Assignment. Any assignment of this Contract by the Contractor without the written consent of the City shall be void. ENG-059,Revised 1/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 19-13 May 2,2019 Page 12 of 14 J. 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. K. 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. L. 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 part of or altering in any manner this Contract. This Contract,referenced documents, and any attached Exhibits contain the entire Contract 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. IN WITNESS WHEREOF,the parties below have executed this Contract. MACDONALD-MILLER FACILITY SOLUTIONS THE CITY OF AUBURN Altpv, 6d4-4Liz.ittc3- ax\th#0,040A3 (signature) ( ignature) z By Nc1�fVl '� Ge.6\-Ye'`t2)` By Nancy Backus (Print name here) Its 1._. Its Mayor (Authorized representative) DATE: 1' a 1 DATE: 1 set Contractor's State License No. MACDOMF972BF State Tax Registration(UBI)No. 602-254-260 Federal Tax ID# 68-0533726 ENG-059,Revised 1/19 NON-FORMALLY BED PUBLIC WORK CONTRACT NO. 19-13 May 2,2019 Page 13 of 14 i 3 1 Notices to be sent to: Notices to be sent to: MACDONALD-MILLER FACILITY SOLUTIONS CITY OF AUBURN Attn: Michael Coffey Attn: Lisa Moore 7717 Detroit Avenue SW 25 West MainStreet Seattle, WA 98106 Auburn,WA 98001 Phone: 206-387-2022 Phone: 253.288-3158 E-mail: Michael.Coffey@macmiller.com E-mail: lmoore@auburnwa.gov APPRO 0 AS TO FORM: 1111 itIOX via Steve Gross, City Attorney £ £ jj ENG-059,Revised 1/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 19-13 May 2;2019 Page 14 01'14 1 EXHIBIT A:SCOPE OF WORK Site#1: Community& Event Center(910 9th Street SE) • Replace existing (1)JACE-600 with New JACE 8000 licensed N4 • Replace existing WEB-I0-34 with new 10 module •Transfer existing programming to new N4 system • Recreate graphics using latest standards • N4 License and 18-month OEM Subscription (Longer available with Maintenance agreement) • Supervision and Management. •Owner Training. Site#2: Justice Center(340 East main Street) • Replace existing (1)JACE-600 with New JACE 8000 licensed N4 • Transfer existing programming to new N4 system • Recreate graphics using latest standards •Add Trane 4 UCM communications driver • Start up and test • N4 License and 18-month OEM Subscription (Longer available with Maintenance agreement) • Supervision and Management. • Owner Training. Site#3: Senior Center(808 9th Street SE) • Replace existing (1)JACE-600 with New JACE 8000 licensed N4 • Replace existing WEB-IO-34 with new 10 module • Transfer existing programming to new N4 system • Recreate graphics using latest standards • N4 License and 18-month OEM Subscription (Longer available with Maintenance agreement) • Supervision and Management. • Owner Training. Site#4: City Annex Building (1 East Main Street) • Replace existing BAS proprietary control system with New JACE8000 licensed N4 • Upgrade(1) Split System &(2) RTUs to Honeywell controls. • Upgrade(38)VAVs to Honeywell controls. • Provide NEBB certified Air Test& Balancing with report of RTUs &VAVs. • Recreate graphics using latest standards • N4 License and 18-month OEM Subscription (Longer available with Maintenance agreement) • Supervision and Management. •Owner Training. Site#5: Golf Course(29630 Green River Road SE) • Replace existing Novar proprietary control system with New JACE8000 licensed N4 • Upgrade(5)Split Systems to Honeywell controls. • Integrate start/stop control of(3)EFs to Honeywell control. • Recreate graphics using latest standards • N4 License and 18-month OEM Subscription (Longer available with Maintenance agreement) •Supervision and Management. •Owner Training. Site#6: City Hall (25 West Main Street) • Replace existing global controller with new Honeywell JACE8000. • Provide& install (1)Johnson N2 protocol driver to communicate from JACE8000 to the JCI controllers. • Provide & install (1)UPS power backup for the WEB in case of site brown outs/power failures. •We will reutilize the existing floorplan background graphics in an effort to save labor. • Recreate graphics using latest standards • N4 License and 18-month OEM Subscription (Longer available with Maintenance agreement) •Supervision and Management. • Owner Training. The City will provide internet connection and static IP address. CONTRACT BOND CONTRACT NO. 19-13 BOND NO. 023210533 BOND TO CITY OF AUBURN,WASHINGTON KNOW ALL MEN BY THESE PRESENTS: That we,the undersigned,MacDonald Miller Facility Solutions,7717 Detroit Avenue SW, Seattle,WA 98106 as principal, and Liberty Mutual Insurance Company , a corporation, organized and existing under the laws of the State of Massachusetts 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 two hundred seventy-five thousand, seventy-three dollars and seventy cents ($275,073.70), 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 June ,2019. Nevertheless,the conditions of the above obligation are such that: WHEREAS, the City of Auburn on the 3rd day of May, 2019, let to the above bounden principal a certain Contract. The said Contract being numbered 19-13, and providing for the construction of Project MS1914,JACE 4 HVAC Citywide Controls Upgrade(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 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. ENG-055,Revised 11/17 7i 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 lien period, andif 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 greater,to warranty against defects appearing or developing in the material or workmanship provided or performed under this Contract within a period of one (1) year after acceptance. Not withstanding the reduction of this bond, the principal and surety shall 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. It is hereby expressly agreed that if any legal action is necessary to be brought under the conditions of this bond, 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 8th day of July , 2019. Mac I. .Id Miller aci ty Solutions r Liberty Mutual Insurance Company Surety By Roger Kaltenbach Attorney in Fact Parker,Smith&Feek,Inc. yS 2233 112th Avenue NE,Bellevue,WA 98004 (425)709-3600 Resident Agent's Address&Phone Number ENG-055,Revised 11/17 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. 1'irii Liberty Liberty Mutual Insurance Company PMgil utual. The Ohio Casualty Insurance Company Certificate No:8201163-023001 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire;that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West AmericanInsurance Company is a corporation duly organized under.the laws of the State of Indiana(herein collectively called the'Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Guy Armfield,John Claeys,Scott Fisher,Nicholas Fredrickson,Deanna M.French,Scott Garcia,Elizabeth R.Hahn,Roger Kaltenbach,Ronald J.Lange,Andrew P.Larsen, Susan:B.Larson,Scott McGilvray,Mindee L.Rankin,Jana M.Roy all of the-city of Bellevue state of Washington each individually if there be more than one named,its true and lawful attorney-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 pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 29th day of April , 2019 . Liberty Mutual Insurance Company P�tNSt, P01 mist, a\NSU,p9 The Ohio Casualty Insurance Company �.oaPo�r-'4' QJ r. OCIR, 'ef7+ P3ooaP0*,..14, West American Insurance Company v Y ;1912yo t Co oy1919� o 11 s 1991 o y rd''sd4 CHU5�a yONP51:7451) 5��y' J3 ` J1�/ as 4'6'1 1 ANP �•aa' �s�NDIAN aaa By: ' C CO i * * h1 * M * t c David M.Carey,Assistant Secretary m State of PENNSYLVANIA >, ' g County of MONTGOMERY ss O a) On this 29th day of April , 2019 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o 6 3 Company,The.Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes—H 43 > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ci w 1-5'S IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. ami•eL p �c, co N. �4, ,,QT(• COMMONWEALTH OF PENNSYLVANIA Lidist) • QMH:u�. c=yNotarial Sota /�"'� O a60OF Teresa Pastella,Notary Publicv c o N Upper Merlon Tnp.,Montgomery County By: Cu(t) c 03 ' �`T ,My Commission Expires March 28,2021 3 1= 1.- �NsrLv'+''s4 eresa Pastella,Notary Public o co W -AFr1'pU1°' Member.Pennsylvania Association of Notaries 0-O ca) 0)o This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual ' o c Insurance Company,and West American Insurance Company which:resolutions are now in full force and effect reading as follows: o Cu ai ARTICLE IV-OFFICERS:Section 12.Power of Attorney. Z' o Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the m -o President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >c C1 c 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 t N > 2 have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such'"°? Z instruments shall be as binding as if signed by the President and.attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the,+-cc, co provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. c , o 03 ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. 0 A Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,i,- shall 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 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 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 signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that 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. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 8 day of July , 2019 . v IPrst/ 01 INsu WSU 'J 3°°ooOR4 4, S 3°ooPo�,,% pP� oogy�:ycfi 1: ;1912 % f) 2q1919 o s 1991 e c ` Yd 9sSACNU`'��a ' ,0 NAMp5hi.b' `! 4N°IANP A By. d'9/7 * Fid 4y1 0 s4M * �Nd Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 062018 tt ACITYOF . * Escrow Agreement S- JAL u For Retainage Declined e WASHINGTON MacDonald Miller Facility Solutions, 7717 Detroit Avenue SW, Seattle, WA 98106 (CONTRACTOR) acknowledges that they have been offered the option of setting up an escrow agreement for their retainage on Contract No. 19-13, Project No. MS1914, JACE4 HVAC Citywide Controls Upgrade The CONTRACTOR declines to set up an escrow agreement and understands that the City will hold the 5% retainage with no interest until the project is complete, accepted by the City, and all releases and liens have been satisfied. --------5--- 411 ' Authorized g at re-' �� V • Ycs-fa Print or Type Name Title 7 f )\ Date File: 13.11 (MS1914) AUBURN * MORE THAN YOU IMAGINED ENG-095, Revised 8/18 �—.40 MACDFAC-01 AMICHEL AC-CRL" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/OD/YYYY) 7/8/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate dons not confer rights to the certificate holder in lieu of such endorsement(s)_. PRODUCER NONTACT - Hub International Northwest LLC PHONE FAx (A/C,No,Ext):(425)489-4500 1(A/c,No 425 485-8489 P.O.Box 3018 1:( ) Bothell,WA 98041 Mss.ss•now.Info@hubinternational.com INSURER(S)AFFORDING COVERAGE NAIC I! INSURER A:The Phoenix Insurance Company 25623 INSURED INSURER B;The Travelers Indemnity Company of America 25666 MacDonald-Miller Facility Solutions,Inc. INSURER C:Travelers Property Casualty Company of America 25674 P.O Box 47983 INSURER D:Berkley Assurance Company 39462 Seattle,WA 98146 INSURER E: 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 EXP TYPE OF INSURANCE INSP IND POLICY NUMBER (MM/DD�YY) (MM/F DD I LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCEg2,000,000 CLAIMS-MADE X OCCUR X X DT-CO-3K790954-PHX-18 12/31/2018 12/31/2019 PREMISES(F C4urrence) $ 300,000 MED EXP(Any one person) $ 5,000 . PERSONAL B ADV INJURY 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 ______II __ POLICY X Ref X LOC PRODUCTS-COMP/OPAGG_$ 4,000,000 IOTHER: B AUTOMOBILE LIABILITY (Ea acc dentSINGLE LIMIT $ 2,000,000 X ANY AUTO X X DT-810-3K644256-IND-18 12/31/2018 12/31/2019 BODILY INJURY(Per person) $ OWNED —SCHEDULED AUTOS ONLY _ AUTOS W p pBODILY INJURY(Per accident) $ AUTOS ONLY _AUTOS ONLY (Parr accIAent)AMAGE $ C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESSLIAB CLAIMS-MADE CUP-3K811180-18-26 12/31/2018 12/31/2019 AGGREGATE __.$ 1,000,000 DED X RETENTION$ 10,000 C WORKERS COMPENSATION PER X 0TH- $ AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE UB-3K811099-18-26-G 12/31/2018 12/31/2019 1,000,000 (FFICERIMEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D PROP/POLL PCADB-5003267-1218 12/31/2018 12/31/2019 OCC/AGG: 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Re:MS1914:JACE4-HVAC Citywide Controls Upgrade;MMFS Job#76199111,76199112,76199113,76199114,976199115,76199116 City of Auburn and Its officers,elected offlclals,employees,agents,and volunteers are Included as Additional Insured,coverage is Primary and Non-Contributory,and Waiver of Subrogation applies per the attached forms/endorsements. *N/A to Additional Insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Auburn THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 25 West Main Street Auburn,WA 98001-4998 AUTHORIZED REPRESENTATIVE c ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy♦DT-CO-3K790954-PHX-1a Policy ADT-CO-31<790954-PHX-l8 COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. 2. The insurance provided to the additional insured and collectible other insurance,whether primary. by this endorsement is limited as follows: excess,contingent or on any other basis,that Is per- BLANKET ADDITIONAL INSURED -AUTOMATIC STATUS a. If the of Insurance of this ceedrthe availabler to the additionalainsuredn when that Part shown in the Declarations exceed the son or organization is an additional insured,or is IF REQUIRED BY WRITTEN CONTRACT minimum limits of liability required by the any other insured that does not qualify as a "written contract requiring insurance',the in- named insured,under such other insurance. (CONTRACTORS) surance provided to the additional insured will 4. As a condition of coverage provided to the addi- be limited to such minimum required limits of tonal insured by this endorsement liability. For the purposes of determining a. The additional insured must give us written This endorsement modifies insurance provided under the following: whether this limitation applies,the minimum notice as soon as practicable of an'occur- Girths of liability required by the'written Cort- rence"or an offense which may result in a COMMERCIAL GENERAL LIABILITY COVERAGE PART tract requiring insurance'will be considered claim. To the extent possible, such notice 1. The following is added to SECTION II—WHO IS (a) The Additional Insured — Owners, to include the minimum limits of liability of any should include: AN INSURED: Lessees or Contractors—Scheduled Umbrella or Final insuredss liabilitycoveragethat 'wri required for the additional by that"written con- (1) How,when and where the'occurrence" Person or Organization endorsement or offense took place; Any person or organization that: tract requiring Insurance'.This endorsement CG 20 10 07 04 or CG 20 10 04 13, a. You agree in a'written contract requiring in- the Additional Insured — Owners, will not Increase the limits of Insurance de- (2)The names and addresses of any injured surance"to include as an additional insured Lessees or Contractors—Completed scribed in Section III—Limits Of Insurance. persons and witnesses;and on this Coverage Part;and Operations endorsement CG 20 37 b. The insurance provided to the additional in- (3) The nature and location of any injury or b. Has not been added as an additional insured 07 04 or CC 20 37 04 13.or both of sured does not apply to"bodily injury","prop- damage arising out of the"occurrence"or for the same project by attachment of an en- such endorsements with either of erly damage"or"personal injury'arising out offense. dorsement under this Coverage Part which those edition dates;or of the rendering of,or failure to render,any b. If a claim is made or'suit"is brought against organization (b) Either or both of the following: the professional architectural,engineering or sur- includes such person or in the the additional insured,the additional Insured endorsement's schedule; Additional Insured — Owners, Les- veying services,including: must is an insured,but sees or Contractors — Scheduled (1)The preparing, approving, or failing to (1) Immediately record the specifics of the "bodily injury'.for Person Or Organization endorsement prepare or approve, maps, shop draw- a. Only with respect to liability ld claim or"suit"and the date received;and 'property damage'or"persona for injury';and CO 20 10,or the Additional Insured— ings,opinions,reports,surveys,fieor- Owners, Lessees or Contractors — iters or change orders,or the preparing, (2) Notify us as soon as practicable. b. Only as described in Paragraph(1),(2)or(3) Completed Operations endorsement approving, or failing to prepare or ap- The additional insured must see to it that we below,whichever applies: CG 20 37,without an edition date of prove,drawings and specifications;and receive written notice of the claim or'suit'as (1) If the 'written contract requiring insur- such endorsement specified; (2) Supervisory, inspection, architectural or soon as practicable. ance"specifically requires you to provide the person or organization is an additional engineering activities. c. The additional Insured must immediately send additional insured coverage to that per- Insured only the injuryor damage isus copies of all legal papers received in con- son if 9 c. The insurance provided to the additional in-or organization by the use of: caused,in whole or in part,by acts or sured does not apply to "bodily injury" or nection with the claim or'suit',cooperate with (a) The Additional Insured — Owners, omissions of you or your subcontractor In 'property damage"caused by"your work'and us in the investigation or settlement of the Lessees or Contractors—(Form B) the performance of"your work"to which included In the "products-completed opera- claim or defense against the"suit",and oth- endorsement CG 20 10 11 85;or the"written contract requiring insurance" bons hazard"unless the"written contract re- erwise comply with all policy conditions. applies;or ulrin Insurance's specifically you Either or both of the following: the q 9 p ly requires to d. The additional insured must tender the de- Additional Insured — Owners, Les- (3) It neither Paragraph(1)nor(2)above ap- provide such coverage for that additional in- tense and indemnity of any claim or'suit"to sees or Contractors — Scheduled plies: sured during the policy period. any provider of other Insurance which would Person Or Organization endorsement (a) The person or organization Is an ad- 3. The Insurance provided to the additional insured cover the additional insured for a loss we CG 20 10 10 01,or the Additional In- ditional insured only if,and to the ex- by this endorsement is excess over any valid and cover under this endorsement.However,this sured—Owners,Lessees or Contras- tent that, the injury or damage is collectible other insurance,whether primary,ex- condition does not affect whether the insur- tors — Completed Operations en- caused by acts or omissions of you or cess,contingent or on any other basis,that is ance provided to the additional insured by this dorsement CG 20 37 10 01; your subcontractor in the perform- available to the additional insured.However,if the endorsement is primary to other insurance the person or organization is an additional _ ance of"your work"to which the-writ- 'Written contract requiring insurance specifically available to the additional Insured which cov- insured only if the Injury or damage arises ten contract requiring insurance"ap- requires that this insurance apply on a primary ers that person or organization as a named out of your work'to which the'written plies;and basis or a primary and non-contributory basis,this insured as described in Paragraph 3.above. contract requiring insurance'applies; insurance is primary to other insurance available q 9 PP (b)The person or organization does not 5. The following is added to the DEFINITIONS Sec- (2) ec(2) If the "written contract requiring insur- qualify as an additional Insured with to the additional insured under which that person or organization qualifies as a named Insured,and tion: ance"specifically requires you to provide respect to the independent acts or we wit not share with that other insurance.But 'Written contract requiring insurance'means that additional Insured coverage to that per- omissions of such person or organi- son or organization by the use oh zation. the insurance provided to the additional insured part of any written contract or agreement under by this endorsement still is excess over any valid which you are required to include a person or or- CO D6 04 08 13 0 2013 The Travelers Indemnity Company.All rights reserved. Page 1 of 3 Page 2 of 3 0 2013 The Travelers Indemnity Company.At rights reserved. CG D6 04 08 13 Policy#DT-CO-3K790954-PHX-18 COMMERCIAL GENERAL LIABILITY ganization as an additional insured on this Cover- a. After the signing and execution of the contract age Part, provided that the "bodily injury and or agreement by you;and "property damage"occurs,and the'personal in- b. While that part of the contract or agreement is jury is caused by an offense committed,during in effect. the policy period and: CG 06 04 0813 ®2013 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Policy#DT-CO-3K790954-PHX-18 COMMERCIAL GENERAL LIABILITY by any ordinance, law or building code to include (ii) A manager of any limited liability as an additional insured on this Coverage Part is company; or an insured, but only with respect to liability for (iii)An executive officer or director of "bodily Injury", "property damage", "personal in- any other organization; jury" or"advertising injury" arising out of such op- that is your partner, joint venture erations. member or manager; or The insurance provided to such state or political (b) Any "employee" authorized by such subdivision does not apply to: partnership, joint venture, limited li- a. Any "bodily injury," "property damage," "per- ability company or other organization sonal injury" or "advertising injury" arising out to give notice of an "occurrence" or of operations performed for that state or po- offense. litical subdivision; or (3) Notice to us of such "occurrence"or of an b. Any "bodily injury" or "property damage" in- offense will be deemed to be given as cluded in the "products-completed operations soon as practicable if it is given in good hazard". faith as soon as practicable to your work- J. KNOWLEDGE AND NOTICE OF OCCUR- ers' compensation insurer. This applies only if you subsequently give notice to us RENCE OR OFFENSE of the "occurrence"or offense as soon as The following is added to Paragraph 2., Duties In practicable after any of the persons de- The Event of Occurrence, Offense, Claim or scribed in Paragraphs e. (1) or (2) above Suit, of SECTION IV — COMMERCIAL GEN- discovers that the "occurrence"or offense GEN- ERAL LIABILITY CONDITIONS: may result in sums to which the insurance e. The following provisions apply to Paragraph provided under this Coverage Part may a. above, but only for the purposes of the in- apply. surance provided under this Coverage Part to However, if this Coverage Part includes an en- you or any insured listed in Paragraph 1.or 2. dorsement that provides limited coverage for of Section II—Who Is An Insured: "bodily injury" or "property damage" or pollution (1) Notice to us of such "occurrence" or of- costs arising out of a discharge, release or es- fense must be given as soon as practica- cape of"pollutants"which contains a requirement ble only after the "occurrence" or offense that the discharge, release or escape of "pollut- is known by you (if you are an individual), ants" must be reported to us within a specific any of your partners or members who is number of days after its abrupt commencement, an individual (if you are a partnership or this Paragraph e. does not affect that require- joint venture), any of your managers who ment. is an individual(if you are a limited liability K. UNINTENTIONAL OMISSION company), any of your "executive offi- cers" or directors (if you are an organiza- The following is added to Paragraph 6., Repre- tion other than a partnership,joint venture sentations, of SECTION IV — COMMERCIAL or limited liability company) or any "em- GENERAL LIABILITY CONDITIONS: ployee" authorized by you to give notice The unintentional omission of, or unintentional of an"occurrence"or offense. error in, any information provided by you which (2) If you are a partnership, joint venture or we relied upon in issuing this policy will not preju- limited liability company, and none of your dice your rights under this insurance. However, partners, joint venture members or man- this provision does not affect our right to collect agers are individuals, notice to us of such additional premium or to exercise our rights of "occurrence" or offense must be given as cancellation or nonrenewal in accordance with soon as practicable only after the "occur- applicable insurance laws or regulations. rence"or offense is known by: L. BLANKET WAIVER OF SUBROGATION (a) Any individual who is: The following is added to Paragraph 8., Transfer (i) A partner or member of any part- Of Rights Of Recovery Against Others To Us, nership or joint venture; of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS: CG D3 16 11 11 ©2011 The Travelers Indemnity Company.All rights reserved. Policy#DT-CO-3K790954-PHX-18 COMMERCIAL GENERAL LIABILITY If the insured has agreed in a contract or agree- 3. "Bodily injury" means bodily injury, mental ment to waive that insured's right of recovery anguish, mental injury, shock,fright, disability, against any person or organization, we waive our humiliation, sickness or disease sustained by right of recovery against such person or organiza- a person, including death resulting from any tion, but only for payments we make because of: of these at any time. a. "Bodily injury" or "property damage" that oc- N. CONTRACTUAL LIABILITY—RAILROADS curs; or 1. The following replaces Paragraph c. of the b. "Personal injury" or "advertising injury" definition of "insured contract" in the DEFINI- caused by an offense that is committed; TIONS Section: subsequent to the execution of that contract or c. Any easement or license agreement; agreement. 2. Paragraph f.(1) of the definition of "insured M. AMENDED BODILY INJURY DEFINITION contract" in the DEFINITIONS Section is de- leted, The following replaces the definition of "bodily injury"in the DEFINITIONS Section: • CG D3 '16 11 '11 ©2011 The Travelers Indemnity Company.All rights reserved. Policy#DT-CO-3K790954-PILX-18 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: DT-C0-3I.790954-P11X-18 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. PROVISIONS A. The following replaces SECTION III—LIMITS OF damage" included in the 'products- TOTAL AGGREGATE LIMIT OTHER THAN PROJECTS INSURANCE: completed operations hazard'. In- 1. a- The Limits of Insurance shown in the stead, the Products-Completed Op- AND DESIGNATED PROJECT AND LOCATION Schedule above and the rules below fix erations Aggregate Limit shown in the the most we win pay regardless of the Schedule above end described in 3. AGGREGATE LIMITS number oh below applies to such damages. (1) Insureds; (4) The Designated Project Aggregate Limit does not apply to damages un- This endorsement modifies insurance provided under the following: (2) Claims made or'suits'brought, der Coverage B.Instead,the General COMMERCIAL GENERAL LIABILITY COVERAGE PART (3) Persons or organizations making Aggregate Limit shown in the Sched- claims or bringing'suits';or ule above and described in 2.below SCHEDULE (4) Designated 'projects' or locations' applies to such damages. shown in the Schedule above. (5) Any payments made for damages or The Limits of Insurance shown in the Declarations are replaced by the following: b. The Total Aggregate Limit shown in the medical expenses to which the Des- LIMITSSchedule above is the most we will pay ignated Project Aggregate Limit ap- for OF INSURANCE the sum of all amounts under the Des- plies shall reduce the Designated Total Aggregate Limit S 20000000 ignated Location Aggregate Limit and all ignatet Aggregate Such Limit for paydes- Total Aggregate Projects and Products-Completed Operations) amounts under the General Aggregate Limit This includes: shall not reduce the Total Aggregate Designated Location Aggregate Limit $ 4000000 (1) Damages under Coverage A.except Limit shown in the Schedule above, (Other Than Products-Completed Operations) damagesbecause ofb'bodily injury'g ' the eneral Aggregate Limit shown In or the Schedule above and described in Designated Project Aggregate Limit 5 4000000 'property damage' included in the 2.below,the Designated Project Ag- (Other Than Products-Completed Operations) 'products-completed oper25ons haz- gregate Limit for any other designat- ard"; ed'project'shown in the Schedule General Aggregate Limit $ 4000000 (2) Damages under Coverage B:and above or the Designated Location (Other Than Products-Completed Operations) (3) Medical expenses under Coverage C. Aggregate Limit shown in the Sched- ule above. Products-Completed Operations Aggregate Limit $ 4000000 c. A Designated Project Aggregate Limit is d. Subject to the Total Aggregate Limit ule above.The D Personal and Advertising Injury Limit 5 2000000 provided and also shown in the Sched-esignated Projectshown in the Schedule above and de- gregate Limit is subject to all of the follow- scribed in b.above,a Designated Loca- Each Occurrence Limit $ 2000000ing provisions: lion Aggregate Limit is provided and is al- so shown in the Schedule above. The Damage To Premises Rented to You Limit $ 300000 (1) The Designated Project Aggregate Designated Location Aggregate Limit is Any One Premises Limit is the most we will pay for the subject to all of the following provisions: Medical Expense Limit 5 5000 sum of: Damagesunder Coverage A be- (1) The Designated Location Aggregate Any One Person - (a) 9 Limit is the most we will pay for the cause of 'bodily injury' and sum of: Designated Projects: EACH °PROJECT• FOR WHICH YOU HAVE AGREED,INA WRITTEN CONTRACT WHICH "property damage" caused by Is IN EFFECT DURING THIS POLICY PERIOD, TO PROVIDE A SEPARATE GENERAL (a) Damages under Coverage A be- 'occurrences";and AGGREGATE LIMIT, PROVIDED THAT TBE CONTRACT IS SIGNED AND MrEL.uleD BY cause of 'bodily injury' and YOU BEFORE THE "BODILY INJURY' OR °PROPERTY DAMAGE" OCCURS. (b) Medical expenses under Cover- 'property damage' caused by age C for'bodily injury'caused 'occurrences';and • by accidents; (b) Medical expenses under Cover- which can be attributed only to opera- age C for'bodily Injury'caused tions at a single designated'project' by accidents; shown in the Schedule above. which can be attributed only to opera- Designated Locations: (2) The Designated Project Aggregate lions at a single designated location' . Limit applies separately to each des- shown in the Schedule above. ignated'project'. (2) The Designated Location Aggregate (3) The Designated Project Aggregate Limit applies separately to each des- Limit does not apply to damages be- ignated'location'. cause of'bodily injury'or'property CG D4 69 07 14 02014 The Travelers.Indemnity Company.All rights reserved. Page 1 of 4 Page 2 of 4 0 2014 The Travelers.Indemnity Company.NI rights reserved. CG D4 69 07 14 DT-CO-3K790954-PHX-18 DT CO-3K790954-PILY-18 COMMERCIAL GENERAL LIABIUTY COMMERCIAL GENERAL LIABILITY (3) The Designated Location Aggregate stead, the Products-Completed Opera- a. Damages under Coverage A;and tional period of less than 12 months.In that case, Limit does not apply to damages be- lions Aggregate Limit shown in the b. Medical expenses under Coverage C the additional period will be deemed part of the cause of'bodily injury'or'property Schedule above and described in 3.be- last preceding period for purposes of determining damage' included in the'products- low applies to such damages. because of all 'bodily injury'and 'property the Limits of Insurance. completed operations hazard." In- c. Any payments made for damages or damage'arising out of any one'occurrence'. stead, the Products-Completed Op- medical expenses to which the General 6. Subject-to the Each Occurrence Limit shown B. The following is added to the DEFINfiIONS Seo- �, tion: erations Aggregate Limit shown in the in the Schedule above and described in 5. Aggregate Limit applies shall reduce both Schedule above and described in 3. the Total Aggregate Limit shown in the above,the Damage To Premises Rented To "Location" means any premises owned by or below applies to such damages. Schedule above and the General Aggre- You Limit is the most we will pay under Cov- rented to you shown in the Schedule above.For (4) The Designated Location Aggregate gate Limit shown in the Schedule above. erage A for damages because of'property the purposes of determining the applicable ag- Limit does not apply to damages un- Such payments shall not reduce the Des- damage'to any one premises,while rented to gregate limit of insurance,each'location'that in- der Coverage B.Instead,the General ignated Project Aggregate Limit for any you,or in the case of damage by fire,while dudes a premises involving the same or connect- Aggregate Limit shown in the Sched- designated'project"shown in the Sched- rented to you or temporarily occupied by you ing lots,or premises whose connection is inter- ule above and described in 2.below ule above or the Designated Location with permission of the owner. rupted only by a street,roadway or waterway,or applies to such damages. Aggregate Limit for any designated'lo - 7. Subject to the Each Occurrence Limit shown by a right-of-way of a railroad,shall be considered 'loos- (5) Any payments made for damages or tion"shown in the Schedule above. in the Schedule above and described in 5. a single"location'. medical expenses to which the Des- 3. If coverage for liability arising out of the above,the Medical Expense Limit is the most 'Project'means any area,away from premises ignated Location Aggregate Limit ap- 'products-completed operations hazard' is we will pay under Coverage C for all medical owned by or rented to you,shown in the schedule plies shall reduce both the Total Ag- provided,the Products-Completed Operations expenses because of"bodily injury'sustained above at which you are performing operations gregate Limit shown in the Schedule Aggregate Limit shown in the Schedule above by any one person. pursuant to a contract or agreement.For the pur- above and the Designated Location is the most we will payunder Coverage A for poses of determining the applicable aggregate 9 The Limits of Insurance of this Coverage Part ap- limit of insurance,each'project'that includes a Aggregate Limit for that designated damages because of'bodily injury"or'prop- ply separately to each consecutive annual period premises involving the same or connecting lots, 'location'. Such payments shall not erty damage' included in the 'products- and to any remaining period of less than 12 or premises whose connection is interrupted only reduce the General Aggregate Limit completed operations hazard".Any payments months.starting with the beginning of the policy by a street roadway or waterway,or by a right-of- shown in the Schedule above and made for such damages shall reduce the period shown in the Declarations,unless the poll- way of a railroad,shall be considered a single described in 2.below,the Designated Products-Completed Operations Aggregate cy period is extended after issuance for an addi- "project". Project Aggregate Limit shown in the Limit shown in the Schedule above. Such Schedule above or the Designated payments shall not reduce the Total Aggre- Location Aggregate Limit for any oth- gate Limit shown in the Schedule above,the er designated'location'shown in the General Aggregate Limit shown in the Schedule above. Schedule above,the Designated Project Ag- 2. Subject to the Total Aggregate Limit shown in gregate Limit for any designated 'project' the Schedule above and described in 1.b. shown in the Schedule above or the Desig- above,a General Aggregate Limit is provided nated Location Aggregate Limit for any des- and is also shown in the Schedule above. ignated 'location' shown in the Schedule The General Aggregate Limit is subject to all above. of the following provisions: 4. Subject to the Total Aggregate Limit and the a. The General Aggregate Limit is the most General Aggregate Limit shown in the we will pay for the sum of: Schedule above and described ion 1.b.and 2. (1) Damages under Coverage A be- above, the Personal and Advertising Injury Limit is the most we will pay under Coverage cause of'bodily injury'and'property B for the sum of all damages because of all damage" caused by 'occurrences", "personal injury" and all"advertising injury' and medical expenses under Cover- sustained by any one person or organization. age C for'bodily injury caused by accidents,which cannot be attributed 5. Subject to the Total Aggregate Limit and ei- only to operations at a single desig- ther the Designated Location Aggregate Limit nated'project'or'location'shown in or the General Aggregate Limit,subject to the the Schedule above;and Designated Project Aggregate Limit or subject to the Products-Completed Operations Ag- (2) Damages under Coverage B. gregate Limit,shown in the Schedule above b. The General Aggregate Limit does not and described in 1.b.,1.c,1.d.,2.and 3. apply to damages for'bodily injury' or above,whichever apply or applies,the Each "property damage"included in the-prod- Occurrence Limit is the most we will pay for ucts-completed operations hazard.' In- the sum of: CG D4 69 07 14 ®2014 The Travelers.Indemnity Company.All rights reserved. Page 3 of 4 Page 4 of 4 02014 The Travelers.Indemnity Company.au rights reserved. CG D4 69 07 14 Policy#DT-810-3K644256-IND-18 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE - CONTRACTORS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.5., Other Insurance of SECTION IV — BUSINESS AUTO 1. The following is added to Paragraph c. in A.1., CONDITIONS: Who Is An Insured, of SECTION II —COVERED AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and paragraph d. of this part 5.Other Insurance, this This includes any person or organization who you insurance is primary to and non-contributory with are required under a written contract or applicable other insurance under which an agreement, that is signed by you before the "bodily injury" or "property damage" occurs and additional insured person or organization is a named insured when a written contract or that is in effect during the policy period, to name agreement with you, that is signed by you before as an additional insured for Covered Autos the "bodily injury" or "property damage" occurs Liability Coverage, but only for damages to which and that is in effect during the policy period, this insurance applies and only to the extent of requires this insurance to be primary and non- that person's or organization's liability for the contributory. conduct of another"insured". • CA T4 99 02 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Policy SOT-810-3K644256-IND-18 Policy 4DT-810-3K644256-IND-18 COMMERCIAL AUTO COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. permission, while performing duties (a) With respect to any claim made or"suit related to the conduct of your bust- brought outside the United States of BUSINESS AUTO EXTENSION ENDORSEMENT ness. America,the territories and possessions However,any'auto'that is leased,hired, of the United States of America,Puerto rented or borrowed with a driver is not a Rico and Canada: This endorsement modifies insurance provided under the following: covered'auto'. (I) You must arrange to defend the"in- BUSINESS AUTO COVERAGE FORM D. EMPLOYEES AS INSURED sured"against,end investigate or set- The following is added to Paragraph A.1.,Who Is any such claim or'suit"and keep GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage.However,coverage for any us us advised of at proceedings and ac- injury,damage or medical expenses described in any of the provisions of this endorsement may be excluded or An Insured,of SECTION II—COVERED AUTOS tions. limited by another endorsement to the Coverage Part,and these coverage broadening provisions do not apply to LIABILITY COVERAGE: the extent that coverage is excluded or limited by such an endorsement.The followinglistingis ageneral cover- Any (ii) Neither you nor any other involved 'covere'employee'of yours is an"Insured"while us- "insured' will make any settlement age description only.Limitations and exclusions may apply to these coverages.Read all the provisions of this en- ing a covered"auto"you don't own,hire or borrow dorsement and the rest of your policy carefully to determine rights,duties,and what is and is not covered, in your business or without our consent your personal affairs. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE—LOSS OF E. SUPPLEMENTARY PAYMENTS—INCREASED (iii)We may,at our discretion,participate B. BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT LIMITS in defending the"insured'against,or I. PHYSICAL DAMAGE — TRANSPORTATION in the settlement of, any claim or C. EMPLOYEE HIRED AUTO 1. The following replaces Paragraph A2.a.(2), "suit". EXPENSES—INCREASED LIMIT of SECTION 11—COVERED AUTOS LIABIL- D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY ITY COVERAGE: (iv)We will reimburse the insured" for E. SUPPLEMENTARY PAYMENTS—INCREASED sums that the-insured'legally must LIMITS K. AIRBAGS (2) Up to 53,000 for cost of bail bonds(in- pay as damages because of"bodily L. NOTICE AND KNOWLEDGE OF ACCIDENT OR eluding bonds for related traffic law viola- injury or'property damage"to which F. HIRED AUTO—LIMITED WORLDWIDE COV- LOSS tions)required because of an'accident' this insurance applies, that the "in- ERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION we cover. We do not have to furnish sured' pays with our consent, but these bonds. only up to the limit described in Pare- G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS 2. The following replaces laces Para ra h A.2.a.(4), graph C., Limits Of Insurance, of PROVISIONS9 P of SECTION II—COVERED AUTOS UABIL- SECTION II — COVERED AUTOS A. BROAD FORM NAMED INSURED this insurance apples and only to the extent that ITY COVERAGE: LIABILITY COVERAGE. The following is added to Paragraph A.1.,Who Is person or organization qualifies as an insured' (4) Al reasonable expenses incurred by the (v) We wit reimburse the insured'for An Insured,of SECTION II—COVERED AUTOS under the Who Is An Insured provision contained insured"at our request,including actual the reasonable expenses incurred LIABILITY COVERAGE: in Section II. loss of earnings up to 5500 a day be- with our consent for your investiga- Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO cause of time off from work tion of such claims and your defense ofing the policy period over which you maintain 1. The following is added to Paragraph A.1., F. HIRED AUTO—UMITED WORLDWIDE COV- "suit",the but"inonly againstoany such Who Is An Insured,of SECTION II—COV- ERAGE—INDEMNITYBASIS only up to and included 50%or more ownership interest and that is notwithin the limit described In Para- separately insured for Business Auto Coverage. Para- BRED AUTOS LIABILITY COVERAGE: The following replaces Subparagraph(5)in Para- graph C., Limits Of Insurance, of Coverage under this provision is afforded only un- An'employee'of yours is an insured'while graph B.7.,Policy Period,Coverage Territory, SECTION II — COVERED AUTOS til the 180th day after you acquire or Corm the or- operating an"auto"hired or rented under a of SECTION IV— BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in ganization or the end of the policy period,which- contract or agreement in an "employee's' TIONS: addition to such limit Our du t ever is earlier. name,with your permission,while performing duty o B. BLANKET ADDITIONAL INSURED duties related to the conduct of your busi- (5) Anywhere In the world,except any country or make such payments ends when we ness. jurisdiction while any trade sanction, em- have used up the applicable limit of The following is added to Paragraph e.in A.1., 2. The following replaces Paragraph b.in B.5., barge, or similar regulation imposed by the insurance in payments for damages, Who Is An Insured,of SECTION II—COVERED Other Insurance, of SECTION IV—BUSI- United States of America applies to and pro- settlements or defense expenses. AUTOS LIABILITY COVERAGE NESS AUTO CONDITIONS: hibits the transaction of business with or (b)This insurance is excess over any valid Any person or organization who is required under b. For Hired Auto Physical Damage Cover- within such country or jurisdiction, for Coy- and collectible other insurance available a written contract or agreement between you and age,the following are deemed to be ow- eyed Autos Liability Coverage for any covered to the'insured'whether primary,excess, that person or organization,that is signed and eyed'autos"you own: "auto' that you lease, hire, rent or borrow contingent or on any other basis. re- executed byyou before the 'bodily injury" or (1)Anycovered 'auto'you lease, hire, without a driver for a period of 30 days or less y l ry and that is not an'auto'you lease,him,rent (c)This insurance is not a substitute for"property damage"occurs and that is in effect rent or borrow;and quired or compulsory insurance in any during the policy period,to be as addi- or borrow from any of your 'employees', during insured is an insured"for named Coveredsan Autos (2) Any covered"auto"hired or rented by partners(ifyou area partnership), country and outside the UnitedPuerto tates,its ter- ap aCanal possessions, Rico and your empl'employee"under , contract in (if you are a rmous liability company) or Canada. Liability Coverage,but only for damages to which an 'employee's' name, with your members of their households. CA T3 53 02 15 0 2015 The Trave:ers Indemnity Company.All rights reserved. Page 1 of 4 Page 2 of 4 0 2015 Th.Travelers Indemnity Company.at rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Once.Inc with Its permission. Includes copyrighted material of Insurance Services more.Inc with its permission. Policy#DT-810-3K644256-IND-l8 Policy#DT-810-3K644256-IND-18 COMMERCIAL AUTO COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered''auto". such contract The waiver applies only to the The unintentional omission of, or unintentional compulsory insurance in any such corn- This coverage applies only in the event of a total person or organization designated in such error in, any information given by you shag not try up to the minimum limits required by theft of your covered'auto', contract prejudice your rights under this insurance.How- local law. Your failure to comply with fl. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- No deductibles apply to this Personal Property compulsory insurance requirements willcoverage. The following is added to Paragraph 8.2.,Con= lett additional premium or exercise our right of not invalidate the coverage afforded by K. AIRBAGS cealmerrt, Misrepresentation, Or Fraud, of cancellation or non-renewal. this policy,but we will only be liable to theSECTION IV—BUSINESS AUTO CONDITIONS: same extent we would have been liable The following is added to Paragraph B.3.,Exclu- had you complied with the compulsory in- Bions,of SECTION III—PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a.does not apply to'loss'to one or ted or authorized insurer outside the more airbags in a covered'auto'you own that in- United States of America, its territories gate due to a cause other than a cause of'loss' and possessions.Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada.We assume no responsibility for the only: famishing of certificates of insurance,or a. If that"auto'is a covered'auto'for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE—GLASS ranty,and The following is added to Paragraph D..Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of$1,000 for any COVERAGE: one loss'. No deductible for a covered'auto'will apply to L NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A2a., of H. HIRED AUTO PHYSICAL DAMAGE—LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE—INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Pam- tive prompt notice of the'accident'or'loss'ap- graph A.4.b.,Loss Of Use Expenses,of SEC- plies only when the'accident'or loss'is known TION III—PHYSICAL DAMAGE COVERAGE: to: However,the most we will pay for any expenses (a) You(if you are an individual); for loss of use is$65 per day,to a maximum of (b) A partner(if you are a partnership); $750 for any one-accident'. (c) A member(if you are a limited liability corn- !. PHYSICAL DAMAGE — TRANSPORTATION puny); EXPENSES—INCREASED LIMIT (d)An executive officer, director or insurance The following replaces the first sentence In Para- manager(if you are a corporation or other or- graph A-4.a., Transportation Expenses, of ganization);or SECTION III — PHYSICAL DAMAGE COVER- (e) Any"employee"authorized by you to give no- AGE: lice of the"accident"or'loss'. We will pay up to$50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.5.,Transfer curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered'auto'of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- .). PERSONAL PROPERTY TIONS: The following is added to Paragraph A4.,Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III—PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tentWe will payupto 5400 for'loss'to wearinga required of you by a written contract p- signed and executed prior to any'accident' parel and other personal property which is: or loss',provided that the'accident'or'loss' (1) Owned by an'insured-;and arises out of operations contemplated by CA T3 53 0215 5 2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Page 4 of 4 S 2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of insurance Services Office.Inc.with its permission. Includes copyrighted material of Insurance Services Office,Inc with its permission. 7/8/2019 https://fortress.wa.gov/olc/consumertoolkIt/Company/CompanyProfile.aspx?WAOIC=1077 Consumer tools Agent and Company Lookup Orders Independent Review Decisions PHOENIX INSURANCE COMPANY THE Change.History I Licensing I AP,pointments I Complaints I Orders I National Info I Ratings I Tax,Filings Back to Search: General information Contact information Name: PHOENIX INSURANCE COMPANY THE Registered address Mailing address Corporate family group: TRAVELERS GRP O 61 WOODLAND ST ONE TOWER SQUARE, 4MN Organization type: PROPERTY HARTFORD, CT 06183-9070 HARTFORD, CT 06183 Doing Business As (DBA): Unavailable Telephone Telephone WAOIC: 1077 860-277-0111 860-277-0111 NAIC: 25623 Status: ACTIVE Admitted date: 09/10/1890 Ownership type: STOCK S pack,to top. Company change history o. View changes, back to top Types of coverage authorized to sell o Insurance types Casualty Marine Ocean Marine Property Surety Vehicle back to top Agents and agencies that represent this company (Appointments) p. View agents. 1/iew;agencies1 back to 19p Company complaint history o. ,Vievi complalnts-1 httnsJ/fnrfress.wa.nnv/nir./rnnsumarfnnikit/RmmnamdnmmnanvPrnfilo o.nv9tnrnnir-4n77 7/8/2019 https://fortress.wa.gov/oic/consumertoolkit/Company/CompanyProfile.aspx?WAOIC=1077 i bock to top Orders issued since 2010 0 No orders are found ^back totop, Premium tax filings by tax year 2018 2017 2016. 2015. 2014 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. back to to2. 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 Grou Ratin s _ Standard and Poor's Corp Mood.y'sInvestors Service Fitch IBCA1.,D,uff 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 office 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 to top • https://fortress.wa.gov/oic/consumertoolkit/Company/CompanyProfile.aspx7WAOIC=1077 2/2 7/8/2019 consumers.ambest.com/CompanyProfile.aspx?BL=36&ambnum=002518&PPP= e it} b C" 1 Life 8 Retirement Home 6 Auto Hedth 8OlsaMBly Other Ills Events 102 ams Phoenix Insurance Company Folbw tt Pr!nllhlsoage i (a member of Travelers Group) i AM Best H.002510 NAIC e:25827 FEIN a:00-0303275 , Address: One Tower Square Phono:860.277-0111 Hartford,CT 08183 Far 844-816-9447 I UNITED STATES Web: www.irevelers.com Best's Credit Ratings Financial Strength Rating View Definition j Long-Term Issuer Credit Rating View Definition 1 Rating: A++Su erior) I I ( P Lon Term: ea+ Affiliation Code: g(Group) 1 Outlook: Stable I Financial Size Category: Billion or greater)XV($2 1 I Action: Affirmed � Outlook: Stable Effective Date: October 31,2018 Action: Affirmed Initial Rating Date: April 18,2005 Effective Date: October31,2018 i .. Initial Rating Date: December 31,1907 u Denotes Under Review Besl'9 Rating I I Licensing: Licensed Territory:(Current since 02/24/2005)-The company is licensed in the District of Columbia,U.S.Virgin Islands,AL,AK,AZ, AR,CO,CT,DE,FL,GA,HI,ID,IL,IN,IA,KS,KY,LA,ME,MD,MA,MI,MN,MS,MO,MT,NE,NV,NH,NJ,NM,NY,NC,ND,OH,OK,OR,PA, RI.SC,SD,TN,TX.UT,VT,VA,WA,WV,WI and WY, Total Assets DPW.Top Lines of Business 04,280,000,000 tars 04,280,000,000 s4,zao 000,000 d 41111M .$..:t.5;a 1., ���rs�®w1 Y(1rMil 41 I :44,4 Y 04.220000000 q �s17� /� ,,,rt _L4 013., U 1 -1,0:43p• ,ya, 12,'5 sa.zao.Boo,000 i3 a�S i."�? �;;:4, ;fa yy�� !?, $4,100000000 i, y� L. t, .i P d.'{Y S4,160.000,000 'i 4202°. .nX u":' Y 1 ,1 04,140,000,000 -...1; rj-_ , • i _ L„ ,.� •.-Workers'Componsellon 04,120,000,000 —Commercial Multiple Peril 2019 2417 tote 2015 2014 —Aub(Commercial) --Other Liability(Occurrence) —Dale Years -.Homeowners Multiple Peril Company Attributes Industry: insurance Business: PropenylCasually Business Status: In Business Entity: Operating Company Consolidated Type: Affiliated Single Company Organization Type: Stock - • Statement Type: MAIC PC Last Statement: 1st Quarter 2019 const imArs AmhRCl rYtm/r'rlmnamrPre,film sscnv71:11=ZR0ornhnr irn=nrl')F4GO.DDD- 7/8/2019 consumers.ambest.com/CompanyProfile.aspx?BL=36&ambnum=002518&PPP= Top Llno(s)of Business(based upon Direct Premiums written) Top Stato(s)of Business (based upon Direct Premiums Written) 1.Workers'Compensation(Mow Definition) 1.New York 2.Commercial Multiple Peril(View DeMmon) 2.Pennsylvania 3.Auto(Commerrlsl)(Now Dofinkion) 3.Texas 4.Other Liability(Occurrence)(view Definition) 4.Massachusetts 5.Homeowners Multiple Peril(view Definition) 5.North Carolina • • • • • • • • • • • • • • � I I i I I consumers.ambest.com/CompanyProfile.aspx?BL=36&ambnum=002518&PPP= 2/5 7/8/2019 https://fortress.wa.gov/olc/consumertooikit/Company/CompanyProfile.aspx?WAOIC=1322 Consumer tools Agent and Company Lookup Orders Independent Review Decisions TRAVELERS INDEMNITY COMPANY OF AMERICA THE Change_History I Licensing. I Appointments I Complaints I Orders I National Info I Ratin.gs I Tax Filings Back to Searchl General information Contact information Name: TRAVELERS INDEMNITY COMPANY OF AMERICA Mailing address THE Registered address ONE TOWER SQUARE, Corporate family group: TRAVELERS GRP. O ONE TOWER SQUARE 4MN Organization type: PROPERTY HARTFORD, CT 06183 HARTFORD, CT 06183- Doing Business As (DBA): Unavailable 9070 Telephone WAOIC: 1322 860-277-0111 Telephone NAIC: 25666 860-277-0111 Status: ACTIVE Admitted date: 08/13/1968 Ownership type: STOCK .tbacktotop, Company change history o Vtew,changes brck,to,„top Types of coverage authorized to sell o Insurance types Casualty Marine Ocean Marine Property Surety Vehicle back to top ^ Agents and agencies that represent this company (Appointments) o. View.agents Vtew,agencies..l i back,to top Company complaint history o httns•//fnrtrasG.wa.nnv/nir./rnnsiimartnnikit/r:mmnanv/r:mmnan,Prnfilo o v'UUAnIr:=1'19') 7/8/2019 https://fortress.wa.gov/oic/consumertoolkit/Company/CompanyProfile.aspx?WAOIC=1322 View complaints i back to top Orders issued since 2010 0 No orders are found i back-to_top Premium tax filings by tax year o. 2018 2017 2016 2015 2014 i back to top National information on insurance companies Want more information about this company? The NAIC'sConsumer 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. T back to top 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 Mood,.'s Investors Service Fitch_IBCA, Duff and,.Phelos 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 office 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 to,op. https://fortress,wa.gov/oic/consumertoolkit/Company/CompanyProfiie.aspx?WAOIC=1322 2/2 7/8/2019 consumers,ambest.com/CompanyProfile.aspx?BL=36&ambnum=004003&PPP= it ic) ! Ufa 8 Retirement Home 8 Auto Health 8 Dbehllny Other Lee Events . 102 shoo Travelers Indemnity Co of America Follow At Prinllik egg (a member of Travelers Group) • AM Beet 6:004003 NAIL 6:25666 FEIN 6:56-6020101 Address:One Tower Square Phone:860-277-0111 Hartford,CT 06183 Fax: 844.816.9447 UNITED STATES Web: www.lrevelers.com Best's Credit Ratings Financial Strength Rating View Definition Long-Term Issuer Credit Rating Vlow Definition Rating: A++(Superior) I Lon Term: ea+ { IAffiliation Code: g(Group) Outlook: Stable Financial Size Category: XV(S2 Billion or greater) Action: Affirmed Outlook: Stable Effective Date: October 31,2018 Action: Affirmed I Initial Rating Date: AprU 18,2005 Effective Date: October 31,2018 Initial Rating Date: June 30,1951 I I u Denotes Under Review Bests Rating Licensing: Licensed Territory:(Current since 04/01/2004),The company is licensed In the District of Columbia,AL,AK,AZ,AR,CO,CT,DE, FL,OA,Hi,ID,IL,IN,IA,KS,KY,LA,ME,MD,MA,MI,MN,MS,MO,MT,NE,NV,NH,NJ,NM,NY,NC,ND,OH,OK,OR,PA,RI,SC,SD,TN, TX,UT,VT,VA,WA,WV,WI and WY. ( i 1 Total Assets DPW•Top Lines of Business 5670,000,000 ® g Es0600650000ris 5650.000.000 * EE yr ^.` 5840.000000 '1.1 __ Kt Nik, /t Iij ,•1,A, 5830,000,000 `• a6IIIIaaII •y� 1620,000,000 ; 1. -well ,' NI:: !l._fiJ),l '(�k.-..A 5610,000000 y .Y 1 { 2 w ;5 , 1.144,. ,3% • 5600,000000 yr ik �[s,.,,�,,,py i 5590,000,000 a I F �. 1 E 4 $500,000,000 ' '.'y .'f��w , •—Workers'Compensation Ms 2ot7 sere 2015 00 4 —Commercial Mukipie Peril —Auto(Commercial) —Data Years --Forrnownore Multiple Peril Company Attributes Industry: Insurance ! Business: Property/Casually Business Status: In Business ' Entity: Operating Company Consolidated Typo: Affiliated Single Company Organization Typo: Stock Statement Typo: NAIC PC Last Statement: lot Quarter 2019 I I ' ........................t.,,,•s....,..,Il�..,........,..n...a 1.,-,_....nnt...nro_..,,,�_...,.-_nnennno nnn_ 7/8/2019 consumers.ambest.com/CompanyProfile.aspx7BL=36&ambnum=004003&PPP= Top Llne(a)of Business(booed upon DWI Premiums Written) Top Slato(s)of Business (baud upon Direct Premiums Wdtten) 1.Workers'Compensation(View Definition) 1,New York 2.Commercial Multiple Peril Mow Definition) 2.Florida • 3.Auto(Commercial)(View Dofnilion) 3,Texas 4.Formowners Multiple Peril Mow Definition) 4.Massachusetts 5.Other Liability(Occurrence)(Mow Definition) 6.Georgia I l • • • • l , I 1 I � consumers.ambest.com/CompanyProfile.aspx7BL=36&ambnum=004003&PPP= 2/5 7/8/2019 https://fortress.wa.gov/oic/consumertoolkit/Company/CompanyProflle.aspx?WAOIC=1320 Consumer tools Agent and Company Lookup Orders Independent Review Decisions TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA Change.History I Licensing, I Appointments i Complaints I Orders I National Info I Ratings i Tax Filings :Back to,search. General information Contact information Name: TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA Registered Corporate family group: TRAVELERS GRP o address Mailing address Organization type: PROPERTY ONE TOWER S ONE TOWER SQUARE Doing Business As (DBA): Unavailable HARTFORD, CT6183 HARTFORD, CT 06183 Telephone WAOIC: 1320 Telephone 860-027-7011 NAIC: 25674 860-027-7011 Status: ACTIVE Admitted date: 10/11/1974 Ownership type: STOCK back to top, Company change history o. View changes. back to top. Types of coverage authorized to sell o Insurance types Casualty Marine Ocean Marine Property Surety Vehicle 1'back to top Agents and agencies that represent this company (Appointments) .2 view:agents view agencies, i back to top Company complaint history o httnc•//fnrtracc Min rims/nir./nnnci imartnnikit/Rn mnarndrmmnan,Prnfilo acnv'M (Thlr=1 2911 7/8/2019 https://fortress.wa.gov/oic/consumertoolkit/Company/CompanyProfile,aspx?WAOIC=1320 (View complaints 1. . .1205..1219k Orders issued since 2010 0 No orders are found i back_..,top, Premium tax filings by tax year c. 2018 2017 2016. 2015 2014 i back 9 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. back to top. 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 • Moody's Investors Service Fitch....IBCA� Duff anal 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 office accepts no liability for any external linked sites or their content. Be aware that not an financial rating companies use the same rating processes. back to.o_p • https://forlress.wa.gov/oic/consumertoo!kiUCompany/CompanyProfile.aspx?WAOIC=1320 2/2 1 7/8/2019 consumers.ambest.com/CompanyProfile.aspx7BL=36&ambnum=004461&PPP= * O c' 1110 8 Retirement Homo 8 Auto Health&Dlsab&ty Other Lila Events Shares 102 Travelers Property Casualty Co of Amer Follow 14I Punt this ago (a member of Travelers Group) AM Best 0:004461 NAIL 0:25674 FEIN 0:38-2719185 Address:One Tower Square Phone:860-277-0111 Hartford,CT 06183 Fax: 844.816-9447 UNITED STATES Web: www.travelers.com Best's Credit Ratings ' I Financial Strength RatingView Definition I I Long-Term Issuer Credit Rating View Definition I , Rating: A++(Superior) Long-Term: aa+ Affiliation Code: g(Group) I iI Outlook; Stable 1 I j Financial Size Category: XV(82 Billion or greater) Action: Affirmed t Outlook: Stable I I I Effective Date: October 31,2018 i Action: Affirmed , Initial Rating Dale: April 18,2006 Effective Date: October 31,2018 LInitial Rating Date: June 30,1972 __________.________________ ___ ___u Denotes Under Review Best's Rating Licensing: Licensed Territory:(Current since 11/05/2018).The company Is licensed in the District of Columbia.Northern Mariana Islands, Puerto Rico,U.S.Virgin islands and ail slates. Total Assets DPW•Top Lines of Business 8940,000,000_ _�[ _. 9C li - $920,W0,000 _. = $900,000,000 111,1 ana 1 t i7 il .i..��iiii a4 -� A_ ls'(�'3880,000.000 v:•:- I t/'���'},rY>a,.il7 r T 5090.000,000 f- 1 tlY 1 t r `tf`ft� ,'''O,gyp(';. i. e 4_ ,) ..f SI, rc , 1840,009,000 202 :/ 1 � 00 $028,000, 0 j �; - .....�19.6-3! 'a 4 x:nY J . s800,0oonoo ., ,, _L 41 5780,000,000 . •u� —Workers'Compensation 2010 2011 auto 2015 Zola --•Other Uoblidy(Occurrence) •—Data Years •••••••Commercial Multiple Peril —Auto(Commercial)—Inland Marine Company Attributes Industry: insurance Business: Property/Casualty Business Status: in Business Entity: Operating Company Consolidated Type: Affiliated Single Company Organization Type: Stock Statement Type: NAIC PC Last Statement: 1st Quarter 2019 , • I i I i ) I I j ',net.,teetnre,nr.d,,.r•I' ,It ..r..n...,.,o...ri..,......not_oro........r..........._r,r,..1...1 n..r.r-,_ 7/8/2019 consumers.ambest.com/CompanyProfile.aspx?BL=36&ambnum-004461&PPP- ! Top Lino(s)of Business(based upon DIred Premiums Written) Top Stato(s)of Business (based upon DIrod Premiums Written) 1.Workers'Compensation Mew Definition) 1.California 2.Other Liability(Occurrence)Mew Dafinlson) 2.New York 3.Commercial Multiple Peril(view DefintUon) 3.New Jersey 4.Auto(Commercial)(view Definition) 4.Illinois 5.Inland Marine(View Definition) 5.Pennsylvania • • • ) I I I I ) I ; consumers.ambest.com/CompanyProflle.aspx?BL=36&ambnum=004461&PPP= 2/5 7/8/2019 Carriers I Surplus Lines Association of Washington Documents I Membership I Calendar of Events I FADS I Contact Us I SEARCH About Us I News I Filing Information I Brokerage Firms I Carriers I SLIP I Laws&Regulations I Education I Links I Manual Home > Carriers Carrier Requirements Carriers List of Active Carriers inclusion on this list does not indicate that the carrier meets the requirement as an appropriate Insurer.The Surplus Line Broker is solely responsible for determining the qualifications of each carrier,Being on this list means the carrier Is recognized by the Surplus Line Association of Washington and filings by brokers for the carrier will be accepted for examination. Search By Insurer Name or City: Berkley Search Insurer NameAddress1 City BERKLEY ASSURANCE COMPANY 4820 LAKE BROOK DRIVE GLEN ALLEN VA 11—v BERKLEY SPECIALTY INSURANCE COMPANY/FKA/BERKLEY REGIONAL SPECIALTY INS CO 14902 NORTH 73RD STREET SCOTTSDALE I AZ tI i i i W.R.BERKLEY EUROPE A.G. C/O REGUS MUNCHEN NEUE MESSE RIEM MUNCHEN DE tn( ) (_,}r 1 _. . _.. ..... 3 of 3 items About Us I News I Filing Information I Brokerage Firms I Carriers I SLIP I Laws&Regulations I Education I Links I Manuel Home I Documents I Membership I Calendar of Events I FADs I Contact Us Copyright©2019 Surplus Line Association of Washington,All Rights Reserved.I • worm,SI rniuciinoc nrn/narriarc/ 7/8/2019 consumers.ambest.com/CompanyProfile.aspx?BL=36&ambnum=014158&PPP= Life&Retirement Home 8 Auto Health 8 Disability Other Ufa Events I Berkley Assurance Company Felt. 4.1 print thispggg (a member of W.R.Berkley Insurance Group) AM UM 8:014158 NAIC fl:39482 FEIN'',69-1993238 Address:7233 East Butherus Drive Phone:480.951-0905 Scottsdale,AZ 85280-2410 Fax: 480.281-0910 UNITED STATES Web: www.wrberkiey.com , l Best's Credit Ratings 1 Financial Strength RatingView Definition 0 II Long•Tarm Issuer Credit Rating View Definition ll Rating: A+(Superior) I Long-Term: ea- Affiliation Code: r(Reinsured) Outlook: Stable Financial Size Category: XV($2 Billion or greater) Action: Affirmed Outlook: Stable Effective Date: May 10,2019 Action: Affirmed initial Rating Date: June 29,2011 Effective Date: May 10,2019 Initial Rating Date; June 29,2011 u Denotes Under Review Best's Rating Licensing: Licensed Territory:(Current since 11106/2018).The company Is licensed In Iowa.It also operates on a surplus lines or non-edmitled basis In the District of Columbia,AL,AK,AZ,AR,CA,CO,CT,DE,FL,DA,HI,ID,IL,IN,KS,KY,LA,ME,MD,MA,MI,MN,MS,MO,MT,NE,NV, NH,NJ,NM,NY,NC,ND,OH,OK,OR,PA,RI,SC,SD,TN,TX,LIT,VT,VA,WA,WV,WI and WY. Total Assets DPW.Top Linos of Business $ ,00.0oo,00e 490,000,000 711.591 sao,Omg000 tjjjin s20ocoo00El 30000000340000000 Ar 2011 2017 2016 2011 2014 Data Yenra —.Other Liability(Clain-made) —•Other Liability(Occurrence) Company Attributes Industry: Insurance Business: Property/Casualty Business Status: In Business Entity: Operating Company Consolidated Typo: Affiliated Single Company Organization Type: Stock Statement Type: NAIC PC Last Statement: 1st Quarter 2019 I I I ' I ! rnnommriro omhnol nnm/Cnmnonr,OrMiln nrnvOOt—00 D....,t...,,.„_/d 44 cno 7/8/2019 consumers,ambest.cum/CompanyProffle.aspx?BL=36&ambnum=014158&PPP= Top Lino(s)of Business(based upon Direct Premiums Watton) Top Stato(s)of Business (bused upon Med Premiums Milan) 1.Other Liability(Claims-made)(mew Dennidon) 1.California 2.Other Liability(Occurrence)(mew Definition) 2.Florida • 3.Products Liability(Vow oonnitkn) 3.Texas 4.Auto(Commercial)Mow DennIlon) 4.New York 5.Allied Lines(Vow Definition) 5.I(trols • • • • • • • • Ii consumers.ambesl.com/CompanyProfile.aspx?BL=36&ambnum=014158&PPP= 2/5 * CITY OF ' �� t Nancy Backus, Mayor �rrlAs j t NGTON(fir] 25 West Main Street * Auburn WA 98001''4998 *www.auburnwa.gov* 253-931-3000 July 16, 2019 CERTIFIED MAIL RETURN RECEIPT REQUESTED Dennis Smith Insta-Pipe, Inc. 855 Trosper Road 108-204 Tumwater, WA 98512 i RE: Award of Contract No. 19-19 Project No. CP1805, 2019 Sewer Repair & Replacement Letter of Award 33 Dear Mr. Smith: Bids for construction of the above-referenced project were opened by the City Clerk at Auburn City Hall on Tuesday, July 9, 2019, at 11:00 AM. Four responsive bids were received and have been tabulated. Your firm submitted the lowest responsible bid. The total award amount including Washington State sales tax is $699,999.74. The City Council, at their meeting on July 15, 2019, approved award of the contract to your firm. This letter serves as your notification of award for the subject project and is a contract specification. Please execute and return the following contract documents and other required information to the attention of Cindy West, Contract Administration Specialist, within seven (7) calendar days after receiving this letter of award: a) Contract, in duplicate. b) Contract Bond, in duplicate. c) Power of Attorney for your bonding company, in duplicate. d) Certificate(s) of insurance naming the City of Auburn as additional insured, in duplicate, for all required insurance coverages. Please include the Contract Number, Project Number and Project Name on the certificate(s). e) Bond In Lieu of Retainage, in duplicate. A pre-construction meeting has been scheduled for 11:00 am on Thursday, August 1, 2019, in CD Conference Room #1, located on the second floor of One East Main Street, Auburn. The City requires that the Contractor have the appropriate personnel at the pre-construction meeting. This would include, at a minimum, the project manager and the on-site superintendent. The Contractor is encouraged to include any of their staff or sub-contractor staff they feel are critical to the project. ENG-006, Revised 02/19 AUBURN * MORE TI IAN YOU IMAGINED Insta-Pipe, Inc. July 16, 2019 Page 2of2 The Contractor shall submit electronically one (1) day prior to the pre-construction meeting: a) Preliminary Progress Schedule. b) Breakdown of lump sum items except for Traffic Control Supervisor, Mobilization and Record Drawings. c) SPCC Plan per Section 1-07.15(1)of the Contract Documents. Please bring the following items to the pre-construction meeting: a) Requests to sublet work for all subcontractors and lower tier subcontractors. b) Emergency call list. c) A schedule of equipment and labor rates, as outlined in Section 1-09.6 (Force Account) to be utilized in the event of any Force Account activities. As noted in the contract documents, a Notice to Proceed will be issued within five (5) working days of the contract execution date, which is the date the contract has been fully executed by the City. If you do not have a current Business License to work in the City of Auburn, an application has been included and should be returned to the Customer Service Center, One East Main Street, Auburn, as soon as possible. All subcontractors and lower tier subcontractors working on the project must also have a City of Auburn Business License. Please contact me at 253-804-5086, or the Contracts Administration Specialist, Cindy West at 253-931-3002 with any contract administration related questions. Sincerely, Jai Carter, P.E. Project Engineer Public Works Department JC/cw/as Enclosures cc: Shawn Campbell, City Clerk Clint Willis, Project Inspector File 13.11 CP1805 3}7 ENG-006,Revised 02/19 CITY OF 4 + ' Nancy Backus, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001-4998 *www.auburnwa.gov* 253-931-3000 July 16, 2019 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Auden Schilder Oceanside Construction, Inc. 1511 Mt. Baker Highway Bellingham, WA 98226 RE: Award of Contract No. 19-20 Project No. CP1823, 2018 Storm Repair & Replacement Letter of Award Dear Mr. Schilder: Bids for construction of the above-referenced project were opened by the City Clerk at Auburn City Hall on Tuesday, July 9, 2019, at 11:00 AM. Ten (10) responsive bids were received and have been tabulated. Your firm submitted the lowest responsible bid. The total award amount including Washington State sales tax is $651,480.50. The City Council, at their meeting on July 15, 2019, approved award of the contract to your firm. This letter serves as your notification of award for the subject project and is a contract specification. Please execute and return the following contract documents and other required information to the attention of Michelle Thompson, Contract Administration Specialist, within seven (7) calendar days after receiving this letter of award: a) Contract, in duplicate. b) Contract Bond, in duplicate. c) Power of Attorney for your bonding company, in duplicate. d) Certificate(s) of insurance naming the City of Auburn as additional insured, in duplicate, for all required insurance coverages. Please include the Contract Number, Project Number and Project Name on the certificate(s). e) Escrow Agreement, in triplicate; OR Bond In Lieu of Retainage, in duplicate; OR Escrow Agreement for Retainage Declined, in duplicate. A pre-construction meeting will be scheduled for a later date. The City requires that the Contractor have the appropriate personnel at the pre-construction meeting. This would include, at a minimum, the project manager and the on-site superintendent. The Contractor is encouraged to include any of their staff or sub-contractor staff they feel are critical to the project. ENG-006, Revised 02/19 Au BURN * MORE THAN YOU IMAGINED Contractor Name July 16, 2019 Page 2 of 2 The Contractor shall submit electronically one (1) day prior to the pre-construction meeting: a) Preliminary Progress Schedule for the first 30 working days. b) Breakdown of lump sum items except for Traffic Control Supervisor, Mobilization and Record Drawings. c) SPCC Plan per Section 1-07.15(1) of the Contract Documents. Please bring the following items to the pre-construction meeting: a) Requests to sublet work for all subcontractors and lower tier subcontractors. b) Emergency call list. c) A schedule of equipment and labor rates, as outlined in Section 1-09.6 (Force Account)to be utilized in the event of any Force Account activities. As noted in the contract documents, a Notice to Proceed will be issued within five (5) working days of the contract execution date, which is the date the contract has been fully executed by the City. If you do not have a current Business License to work in the City of Auburn, an application has been included and should be returned to the Customer Service Center, One East Main Street, Auburn, as soon as possible. All subcontractors and lower tier subcontractors working on the project must also have a City of Auburn Business License. Please contact me at 253-804-5086, or the Contracts Administration Specialist, Michelle Thompson at 253-288-4327 with any contract administration related questions. Sincerely; ) Jai H.K. Carter, P.E. Project Engineer Public Works Department JHKC/mt/as Enclosures • cc: Shawn Campbell, City Clerk • James Roberts, Project Inspector File 13.11 (CP1823) { ENG-006, Revised 02/19 CITY OF AUBURN CONTRACT CHANGE ORDER AGREEMENT NO. I Contract No.: Contract 19-13 Project Name: MS1914, JACE4 HVAC Citywide Controls Upgrade Contractor: MacDonald Miller Facility Solutions 7717 Detroit Avenue SW Seattle, WA 98106 The Contractor is hereby directed to make the changes to the Contract as described herein. This document and all attachments are a supplement to the contract. All work, materials, measurements and unit bid prices for the type of construction involved shall be in accordance with the contract documents of the above named project unless stated otherwise in this change order. Summary of Proposed Changes: 1. Demo currently installed JACE with I/O and install a CIPer 30 with UPS 2. Replace existing communication wiring to better handle the new controllers'data transfer load. 3. Contract time extension to complete work added by this change order. The Contract time is extended by 60 working days. Item Description Quantity Units Unit Price Total Price (+1-) ($) (+1-) Integration of City Hall's water feature to N4 upgrade complete. 1 LS 7,310.00 $ 7,310.00 Replace existing communication wiring complete. 1 LS 10,630.00 $ 10,630.00 $ Subtotal $ 17,940.00 Washington State Sales Tax(10%)on applicable items $ 1,794.00 TOTAL $ 19,734.00 Base Amount Total incl. Tax 1. Total Cost this C/O $ 17,940.00 $ 19,734.00 2. Total Cost Previous C/O - 3. Original Contract Amount $ - 4. Revised Contract Amount $ 17,940.00 $ 19,734.00 This change order constitutes full and complete compensation for all labor, equipment, materials, overhead, profit, any and all indirect costs, and time adjustment to perform the above described changes. All other costs are non-compensable. All other terms and conditions of the Contract remain unchanged. Counterparts: This agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. Contractor: Q\ ��'� — Date Facilities Manager:, �j j �I�c ) • c\, ,c‘ Date Approved by: , •�_ /A ► • + - a , •� of Auburn Date Approved as to form: �1.• 7'► City Attorney late ENG-028, Revised 01/19 Page 1 of 1