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HomeMy WebLinkAboutRodarte - 12-01 Tacoma Pipeline 5 Intertie Improvement' CITY 'OF AUBURN WASHINGTON April 11, 2012 to Peter B. Lewis, Mayor 25 West Main Street * Auburn WA 98001 -4998 * www.auburnwa.gov * 253 - 931 -3000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Rodarte Construction, Inc. 17 East Valley Highway East Auburn, WA 98092 q,e-letO 4,0/p s 1,c ow �ti NOTICE TO PROCEED RE: Project #CPI103, 132nd Ave SE Tacoma Pipeline 5 Intertie Improvement, Contract #12 -01 You are hereby notified to proceed as of April 13, 2012 with the work on the above - referenced project, within the time period specified, in accordance with the provisions of the contract documents, copy enclosed. This project has 75 working days for completion. If you have any questions, please contact the City Inspector for the project, Dave Roselle at 253 - 804 -5085 or the Contract Administration Specialist JoAnne Andersen at 253 - 931 -3012. Sincerely, c".1& Dennis Selle, P.E. City Engineer /Assistant PW Director Department of Public Works DS /ja /hg Enclosure cc: Dani Daskam, City Clerk Leah Dunsdon P.E., Project Manager Dave Roselle, Construction Inspector File 13.11 (CP1103) AT TRT TR KT .* ■ACP F TI-! A NI vni 1 inner =r nrtr-1 CONTRACT Contract No. 12 -01 THIS AGREEMENT AND CONT CT, made and entered into, in triplicate, at Auburn, Washington, this //r1L day of , 2012, by and between the CITY OF AUBURN, WASHINGTON, a municipal corporation, and Rodarte Construction, Inc., 17 East Valley Highway East, Auburn, WA 98092, hereinafter called the CONTRACTOR. WITNESSETH: That, in consideration of the terms and conditions contained in the Contract Documents entitled "CP1103, 132nd Ave SE Tacoma Pipeline 5 Intertie Improvement Project," which are by this reference incorporated herein and made a part of this Contract, the parties hereto covenant and agree as follows: I. The CONTRACTOR shall do all work and furnish all tools, materials and equipment for Project CP1103, 132nd Ave SE Tacoma Pipeline 5 Intertie Improvement Project. The major items of work include the construction of a prefabricated equipment shelter, electrical work, approximately 50 LF of 16 -inch and 12 -inch ductile iron water main, site grading, HMA asphalt surfacing, and furnishing and installing a package type pressure reducing valve station for a unit bid price of two hundred seventy two thousand two hundred sixty dollars ($272,260.00) and Washington State Sales Tax of twenty-five thousand eight hundred sixty- four dollars and seventy cents ($25,864.70) for a total contract value of two hundred ninety- eight thousand one hundred twenty-four dollars and seventy cents ($298,124.70) in accordance with and as described in the Contract Documents which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. This Contract shall be executed by the Contractor and returned to the City within 7 calendar days after the receipt of the dated notification of award and the Contract time shall commence within 5 working days after execution of the Contract by the City and so designated on the Notice to Proceed. Physical completion shall be within 75 working days of the date on the Notice to Proceed. If said work is not completed within the time specified, the CONTRACTOR agrees to pay liquidated damages to the CITY OF AUBURN, as specified in Section 1 -08.9 (Liquidated Damages) of the Standard Specifications. The CONTRACTOR shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this Contract and every part thereof, except such as are mentioned in the Contract Documents to be furnished by the CITY OF AUBURN. II. The CITY OF AUBURN hereby promises and agrees with the CONTRACTOR to employ, and does employ the CONTRACTOR to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the Contract Documents and the terms and conditions herein contained and hereby contracts to pay for the same according to said Contract Documents and the aforesaid proposal hereto attached, at the time and in the manner and upon the conditions provided for in this Contract. III. The CONTRACTOR for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon by part of the CONTRACTOR. IV. It is further provided that no liability shall attach to the CITY OF AUBURN, WASHINGTON by reason of entering into this Contract, except as expressly provided herein. IN WITNESS WHEREOF the parties hereto have caused this Contract to be executed the day and year first hereinabove written. Countersigned: this /1 day of , 2012 ATTEST: A Danielle E. Daskam, City Clerk APP O FORM: niel B. Heid, - Attorney By Peter B. Lewis, Mayor RODARTE CONSTRUCTION, INC. By Authorized Officia'1-Sinature CONTRACT BOND. CONTRACT NO. 12 -01 BOND NO.105711864 BOND TO CITY OF AUBURN, WASHINGTON KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, Rodarte Construction, Inc., 17 East Valley Highway East, Auburn, WA 98092, as principal, and -lecs ''sualtY anF SuretY Cbirart" GE Arerlait a corporation, organized and existing under the laws of the State of CT 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 ninety eight thousand one hundred twenty-four dollars and seventy cents ($298,124.70), 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 /1174 day of ` ` , 2012. Nevertheless, the conditions of the above obligation are such that: - WHEREAS, the City of Auburn on the 19h day of March, 2012, let to the above bounden principal a certain Contract. The said Contract being numbered 12 -01, and providing for the construction of Project CP1103, 132nd Ave SE Tacoma Pipeline 5 Intertie Improvement Project, the major items of work include the construction of a. prefabricated equipment shelter, electrical work, approximately 50 LF of 16 -inch and 12 -inch ductile iron water main, site grading, HMA asphalt surfacing, and furnishing and installing a package type pressure reducing valve station (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. 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, and if there are no liens pending,.then the penal sum of this bond, shall be reduced to -either ten percent (10 %) of the value of the improvements to the City or two thousand d ollars ($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 condition s_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 //r4 day of Gip/cc/Le- , 2012. A • 1`or • By Rodarte Construction, In r;.,. rincipal Travelers Casualty and Surety Company of America Surety Attorn6y in Fact Kenneth J. Frick, Attorney -in -Fact Kenneth J. Frick 112 South Fourth Street • -Yakima, WA 98901 509- 248 -3515 Resident Agent's Address & Phone Number TRAVELERS J WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Attorney -In Fact No. 223473 Certificate No. 004 6 60382 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Donna S. Martinez, Keneth J. Frick, Alex B. Hodge, and Rodney C. Lewis of the City of Yaluma State of Washington , their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in thei ..business oLguaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or perrriittedin any`ac[ ions or•p oceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrurnent.to'be signed-and their'corporate seals to be hereto affixed, this day of December 2011 ��~ `� Farmington Casualty Coni ny J> Fidelity and GuarantyrInsurance Company J Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 20th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company State of Connecticut City of Hartford ss. By: ti Georg >g Thompson, 'enior ice President On this the 20th day of December 2011 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, 1 hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440 -6 -11 Printed in U.S.A. Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second 'Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which 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 /1-64 day of Kevin E. Hughes, Assistant Sec =tary , 20 12 To verify the authenticity of this Power of Attorney, call 1 -800- 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 1 Page 1 of 2 Search > TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA General 1 Contact 1 Licensing 1 Appointments 1 Complaints 1 Orders 1 National Info 1 Ratings Back to Search General information Contact information Name: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Corporate family group: TRAVELERS GRP What is this Organization type: PROPERTY WAOIC: 10 NAIC: 31194 status: ACTIVE Admitted date: 04/01/1977 Ownership type: STOCK T back to top Types of coverage authorized to sell What is this? Insurance types Casualty Marine Ocean Marine Property Surety Vehicle ?' back to top Registered address Mailing address ONE TOWER ONE TOWER SQUARE SQUARE HARTFORD, CT HARTFORD, CT 06183 06183 Telephone Telephone 860 - 277 -0111 860 - 277 -0111 Agents and agencies that represent this company (Appointments) what is_tnis? View agents View agencies back to top Company complaint history What is this? ............. View complaints is back to top Disciplinary orders 2008 -2012 what is this ?? No disciplinary orders are found Looking for other orders? Our online orders search allows you to search a ten year history of all orders, including enforcement orders, administrative orders, and general orders. http: / /www. insurance.wa.gov /consumertoolkit /Company /CompanyProfile. aspx ?W... 3/29/2012 Best's Credit Rating Center - Company Information for Travelers Casualty and S... Page 1 of 2 • Ratings & Analysis Center Regional Centers: Asia - Pacific 1 Canada 1 Europe, Middle East and Africa Ratings & Analysis • » Home » Best's Credit Ratings + » Financial Strength Ratings » Issuer Credit Ratings » Debt Ratings » Advanced Search » About Best's Credit Ratings + » Get a Credit Rating + » Best's Special Reports D Add Best's Credit Ratings Search To Your Site » BestMark for Secure -Rated Insurers » Contact an Analyst » Awards and Recognitions News & Analysis Products & Services Industry Information • Corporate • Regulatory Affairs • Support & Resources • Conferences and Events • Home 1 About Us !Contact Us 1 Sitemap Travelers Casualty and Surety Co America imprint this page (a member of Travelers Group) - -- A.M. Best #: 003609 NAIC #: 31194 FEIN #: 060907370 Assigned to companies that have, in our opinion, a superior ability to meet their ongoing insurance obligations. Parent Stock Ticker New York Stock Exchange NYSE TRV Address: One Tower Square Hartford, CT 06183 UNITED STATES Phone: 860 - 277 -0111 Fax: 860- 277 -7002 Web: www.travelers.com Best's Credit Ratings Financial Strength Ratings View Definitions Issuer Credit Ratings View Definitions Rating: A+ (Superior) Financial Size Category: XIV ($1.5 Billion to $2 Billion) Outlook: Stable Action: Affirmed Effective Date: May 26, 2011 * Denotes Under Review Best's Ratings Long-Term: aa Outlook: Stable Action: Affirmed Date: May 26, 2011 Office: A.M. Best Company Financial Analyst: Michael W. Russo Assistant Vice President: Michael J. Lagomarsino, CFA Reports and News Visit our NewsRoom for the latest pews and press releases for this company and its A.M. Best Group. 4.1 AMB Credit Report - Insurance Professional - includes Best's Financial Strength V Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 03/27/2012 (represents the latest significant change). Historical Reports are available in AMB Credit Report - Insurance Professional rch've. Best's Executive Summary Reports (Financial Overview) - available in three versions, these presentation style reports feature balance sheet, income statement, key financial performance tests including profitability, liquidity and reserve analysis. Data Status: 2012 Best's Statement File - P /C, US. Contains data compiled as of 3/29/2012 (Quality Cross Checked). • Single Company - five years of financial data specifically on this company. • Comparison - side -by -side financial analysis of this company with a peer group of up to five other companies you select. • Composite - evaluate this company's financials against a peer group composite. Report displays both the average and total composite of your selected peer group. 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Best View Rating Definitions ' Select one... http: / /www3 . ambest.com/ratings/FullProfile. asp ?B1 =0 &AMBNum =3 609 &AltSrc... 3/29/2012 TO: (Bank F Escrow No. 41-19W lg. 303I0C3 Agency City of Auburn 25 W. Main, Auburn WA 98001 -4998 Contract No. 12 -01 ESCROW AGREEMENT 111111111111111111111111111...11 KEY BANK, COMMERCIAL BANKING ATTN: TIM MANSFIELD 1101 PACIFIC AVE, 2ND FLOOR TACOMA, WA 98411 The Undersigned, Rodarte Construction, Inc. herein referred to as the Contractor, has directed the City of Auburn, hereinafter referred to as the Agency, to deliver to you its warrants which shall be payable to you and the Contractor jointly. Such warrants are to be held and disposed of by you in accordance with the following instructions and upon the terms and conditions hereinafter set forth. INSTRUCTIONS 1. Warrants or checks made payable to you and the Contractor jointly upon delivery to you shall be endorsed by you and forwarded for collection. The moneys will then be used by you to purchase, as directed by the Contractor, bonds or other securities chosen by the Contractor and approved by the Agency. Attached is a list of such bonds, or other securities approved by the Agency. Other bonds or securities, except stocks may be selected by the Contractor, subject to express written approval of the Agency. Purchase of such bonds or other securities shall be in a form which shall allow you alone to reconvert such bonds or other securities into money if you are required to do so by the Agency as provided in paragraph 4 of this Escrow Agreement. 2. When and as interest on the securities held by you pursuant to this agreement accrues and is paid, you shall collect such interest and forward it to the Contractor at its address designated in the first paragraph unless otherwise directed by the Contractor. 3. You are not authorized to deliver to the Contractor all or any part of the securities held by you pursuant to this agreement (or moneys derived from the sale of such securities, or the negotiation of the Agency's warrants) except in accordance with written instructions from the Agency. Compliance with such instructions shall relieve you of any further liability related thereto. The estimated completion date on the contract underlying this Escrow Agreement is August 1, 2012. 4. In the event the Agency orders you to do so in writing, you shall, within thirty -five (35) days of receipt of such order, reconvert into money the securities held by you pursuant to this agreement and return such money together with any other moneys held by you hereunder, to the Agency. 5. The Contractor agrees to pay you as compensation for your services hereunder as follows: Payment of all fees shall be the sole responsibility of the Contractor and shall not be deducted from any property placed with you pursuant to this agreement until and unless the Agency directs the release to the Contractor of the securities and moneys held hereunder whereupon you shall_ be granted a first lien upon such property released and shall be entitled to reimburse yourself from such property for the entire amount of your fees as provided for herein above. On the event that you are made a party to any litigation with respect to the property held by you hereunder, or in the event that the conditions of this escrow are not promptly fulfilled or that you are required to render any service not provided for in these'instructions, or that there is any assignment of the interests of this escrow or any modification hereof, you shall be entitled to reasonable compensation for such extraordinary services from the Contractor and reimbursement from the Contractor for all costs and expenses, including attorney fees occasioned by such default, delay, controversy or litigation. 6. This agreement shall not be binding until executed by the Contractor and the Agency and accepted by you. 7. This instrument contains the entire agreement between you, the Contractor and the Agency with respect to this escrow and you are not a party to nor bound by any instrument or agreement other than this; you shall not be required to take notice of any default or any other matter nor be bound by nor required to give notice or demand, nor required to take any action whatever except as herein expressly provided; you shall not be liable for any loss or damage not caused by your own negligence or willful misconduct. 8. The forgoing provisions shall be binding upon the assigns; successors, personal representatives and heirs of the parties hereto. The undersigned have read and hereby approve the instructions as given above governing the administration of this escrow and do hereby execute this agreement on this day of , 2012. Rodarte Construction, Inc. City of Auburn (Contractor) (Agenc ) By ^- (Signature) (Finance ► rector, Shelley Coleman) JP 12oda rt-e , V (Name) (Title) The above escrow instructions received and accepted this day of , 2012. By (Name) v f, ank Officer) eAlL \) p .t i (Title) Securities Authorized by Agency: 1) Bills, certificates, notes or bonds of the United States; 2) Other obligations of the United States or its agencies; 3) Obligation of any corporation wholly -owned by the government of the United States; 4) Indebtedness of the Federal National Mortgage Association; 5) Time deposits in commercial banks; and 6) Savings deposits in commercial banks. CERT TE NUMBE 20/11 GA 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 LTR TYPE OF INSURANCE ADD SR SUBR LLD POLICY NUMBER POLICY EFF MM /DDIYYYY POLICY EXP MM /DD/YYYY LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OCCUR X X DTC0526D8571C0F11 6/20/2011 6/20/2012 EACH OCCURRENCE $ 1,000,000 X DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 _-r I CLAIMS -MADE X MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2 , 000 , 000 PRO- I POLICY I X I PRO- LOC $ B AUTOMOBILE '—X-1 UABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS [T810526D85711ND11 6/20/2011 6/20/2012 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ Uninsured motorist combined $ 1 , 000 , 000 Medical payments $ 5,000 UMBRELLA UAB EXCESS UAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY / / N ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A STOP GAP 1)TC0526D8571C0F11 6/20/2011 6/20/2012 I WC STATU- I 1OTH- TORY LIMITS I ER E.L EACH ACCIDENT $ 1.000 000 E.L. DISEASE - EA EMPLOYEE $ 1 000 000 E.L. DISEASE - POLICY LIMIT $ 1 000 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) City of Auburn, the City of Tacoma and the Bonneville Power Administration are named as an additional insureds, per form CGD 246 0805 C. CAT353 0310. Coverage is primary per form number CGD 246 0805. Waiver of Subrogation applies per form CGD 316 0704 6 CAT 353 0310 Project: CP1103, 132nd Ave. SE Tacoma Pipeline 5 Intertie Improvements "�' • CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/23/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Terril Lewis & Wilke Ins P 0 Box 1789 112 S 4th Street Yakima WA 98907 NAME: ACT Donna Martinez a2Nt o E,, : (509) 248 -3515 FAX No : (509) 248 -3673 E-MAIL ADDRESS: dmartinez @tlwins.com PRODUCER 00006453 C T . •: INSURER S) AFFORDING COVERAGE NAIC # INSURED Rodarte Construction, Inc. 17 E Valley Hwy East Auburn WA 98092 INSURER A :Phoenix Insurance Com•an 25623 INSURER B :Travelers Indemnit Com•an 25658 INSURER C : INSURER D : INSURER E : 1 INSURERF: CERTIFICATE HOLDER CANCELLATION tbadgley @auburnwa.gov City of Auburn 25 W Main St Auburn, WA 98001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Kenneth Frick /DONNA ACORD 25 (2009/09) © 1988 -2009 ACORD CORPORATION. All rights reserved. INS025 (200909) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended c) to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance ", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. CG D2 46 08 05 The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products- completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additions! insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance ", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non - contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance ". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: © 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — Provisions A. -H. and J. -N. of this endorsement broaden coverage, and provision I. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Extension of Coverage — Damage To Premises Rented To You • Perils of fire, explosion, lightning, smoke, water • Limit increased to $300,000 C. Blanket Waiver of Subrogation D. Blanket Additional Insured — Managers or Lessors of Premises E. Incidental Medical Malpractice F. Extension of Coverage — Bodily Injury G. Contractual Liability — Railroads PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Declara- tions is as follows: The person or organization named in Item 1. of the Declarations and any organization, other than a partnership, joint venture or lim- ited liability company, of which you maintain ownership or in which you maintain the major- ity interest on the effective date of the policy. However, coverage for any such additional organization will cease as of the date, if any, during the policy period, that you no longer maintain ownership of, or the majority interest in, such organization. 2. WHO IS AN INSURED (Section II) Item 4.a. is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. CG D3 16 07 04 H. Additional Insured — State or Political Subdivisions I. Other Insurance Condition J. Increased Supplementary Payments • Cost of bail bonds increased to $2,500 • Loss of earnings increased to $500 per day K. Knowledge and Notice of Occurrence or Offense L. Unintentional Omission M. Personal Injury — Assumed by Contract N. Blanket Additional Insured — Lessor of Leased Equipment 3. This Provision A. does not apply to any per- son or organization for which coverage is ex- cluded by endorsement. B. EXTENSION OF COVERAGE — DAMAGE TO PREMISES RENTED TO YOU 1. The last paragraph of COVERAGE A. BOD- ILY INJURY AND PROPERTY DAMAGE LI- ABILITY (Section I — Coverages) is deleted and replaced by the following: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in Section III Limits Of Insurance. Copyright, The Travelers Indemnity Company, 2004 Page 1 of 6 "other insurance" available to such additional insured, unless you have agreed in the writ- ten contract that this insurance must be pri- mary to, or non - contributory with, such "other insurance ". E. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to paragraph 1. Insur- ing Agreement of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section 1— Coverages): "Bodily injury" arising out of the rendering of, or failure to render, the following will be deemed to be caused by an "occurrence ": a. Medical, surgical, dental, laboratory, x -ray or nursing service, advice or instruction, or the related furnishing of food or bever- ages; b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; c. First aid; or d. "Good Samaritan services." As used in this Provision E., "Good Samaritan ser- vices" are those medical services ren- dered or provided in an emergency and for which no remuneration is demanded or received. 2. Paragraph 2.a.(1)(d) of WHO IS AN IN- SURED (Section II) does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in paragraph 1. above and while acting within the scope of their em- ployment by you. Any "employees" rendering "Good Samaritan services" will be deemed to be acting within the scope of their employ- ment by you. 3. The following exclusion is added to paragraph 2. Exclusions of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section I — Coverages): (This insurance does not apply to:) "Bodily in- jury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals com- mitted by or with the knowledge or consent of the insured. 4. For the purposes of determining the applica- ble limits of insurance, any act or omission CG D3 16 07 04 COMMERCIAL GENERAL LIABILITY together with all related acts or omissions in the furnishing of the services described in paragraph 1. above to any one person will be deemed one "occurrence ". 5. This Provision E. does not apply if you are in the business or occupation of providing any of the services described in paragraph 1. above. 6. The insurance provided by this Provision E. shall be excess over any valid and collectible "other insurance" available to the insured, whether primary, excess, contingent or on any other basis, except for insurance that you bought specifically to apply in excess of the Limits of Insurance shown on the Declara- tions of this Coverage Part F. EXTENSION OF COVERAGE — BODILY IN- JURY The definition of "bodily injury" (DEFINITIONS — Section V) is deleted and replaced by the follow- ing: "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per- son, including death resulting from any of these at any time. G. _CONTRACTUAL LIABILITY — RAILROADS 1. Paragraph c. of the definition of "insured con- tract" (DEFINITIONS — Section V) is deleted and replaced by the following: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" (DEFINITIONS — Section V) is de- leted. H. ADDITIONAL INSURED — STATE OR POLITI- CAL SUBDIVISIONS — PERMITS WHO IS AN INSURED (Section 11) is amended to include as an insured any state or political subdi- vision, subject to the following provisions: 1. This insurance applies only when required to be provided by you by an ordinance, law or building code and only with respect to opera- tions performed by you or on your behalf for which the state or political subdivision has is- sued a permit. 2. This insurance does not apply to: a. "Bodily injury," "property damage," "per- sonal injury" or "advertising injury" arising out of operations performed for the state or political subdivision; or Copyright, The Travelers Indemnity Company, 2004 Page 3 of 6 (1) Another insurance company; (2) Us or any of our affiliated insurance com- panies, except when the Non cumulation of Each Occurrence Limit section of Paragraph 5 of LIMITS OF INSURANCE (Section III) or the Non cumulation of Per- sonal and Advertising Injury limit sections of Paragraph 4 of LIMITS OF INSUR- ANCE (Section 111) applies; (3) Any risk retention group; (4) Any self - insurance method or program, other than any funded by you and over which this Coverage Part applies; or (5) Any similar risk transfer or risk manage- ment method. b. Does not include umbrella insurance, or ex- cess insurance, that you bought specifically to apply in excess of the Limits of Insurance shown on the Declarations of this Coverage Part. J. INCREASED SUPPLEMENTARY PAYMENTS Paragraphs 1.b. and 1.d. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B (Section 1 — Coverages) are amended as follows: 1. In paragraph 1.b., the amount we will pay for the cost of bail bonds is increased to $2500. 2. In paragraph 1.d., the amount we will pay for loss of earnings is increased to $500 a day. K. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE 1. The following is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), paragraph 2. (Duties In The Event of Oc- currence, Offense, Claim or Suit): Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), or an "employee" (such as an in- surance, loss control or risk manager or ad- ministrator) designated by you to give such notice. Knowledge by any other "employee" of an "occurrence" or offense does not imply that you also have such knowledge. CG D3 16 07 04 COMMERCIAL GENERAL LIABILITY 2. Notice of an "occurrence" or of an offense which may result in a claim will be deemed to be given as soon as practicable to us if it is given in good faith as soon as practicable to your workers' compensation insurer. This ap- plies only if you subsequently give notice of the "occurrence" or offense to us as soon as practicable after you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice discovers that the "occur- rence" or offense may involve this policy. 3. This Provision K. does not apply as respects the specific number of days within which you are required to notify us in writing of the abrupt commencement of a discharge, re- lease or escape of "pollutants" that causes "bodily injury" or "property damage" which may otherwise be covered under this policy. L. UNINTENTIONAL OMISSION The following is added to COMMERCIAL GEN- ERAL LIABILITY CONDITIONS (Section IV), paragraph 6. (Representations): The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy shall not prejudice your rights under this insurance. How- ever, this Provision L. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state insurance laws, codes or regula- tions. M. PERSONAL INJURY — ASSUMED BY CON- TRACT 1. The following is added to Exclusion e. (1) of Paragraph 2., Exclusions of Coverage B. Personal Injury, Advertising Injury, and Web Site Injury Liability of the Web XTEND Liability endorsement: Solely for the purposes of liability assumed in an "insured contract ", reasonable attorney fees and necessary litigation expenses in- curred by or for a party other than an insured are deemed to be damages because of "per- sonal injury" provided: (a) Liability to such party for, or for the cost of, that party's defense has also been as- Copyright, The Travelers Indemnity Company, 2004 Page 5 of 6 U • ooeaei POLICY NUMBER: DT- C0- 527D2836- PHX -11 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 08-1 6-11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Project(s): EACH. "PROJECT" FOR WHICH YOU HAVE AGREED, IN A WRITTEN CONTRACT WHICH IS IN EFFECT DURING THIS POLICY PERIOD, TO PROVIDE A SEPARATE GENERAL. AGGREGATE LIMIT, PROVIDED THAT THE CONTRACT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS. A. For all sums which the insured becomes legally obligated to pay as damages- caused by "occur- rences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents un- der COVERAGE C (SECTION I), which can be attributed only to operations at a single desig- nated "project" shown In the Schedule above: 1. A separate Designated Project General Ag- gregate Limit applies to each designated "pro- ject", and that limit is equal to the amount of the General Aggregate Limit shown in .the Declarations, unless separate Designated Project General Aggregate(s) are sched- uled above. 2. The Designated Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A., except damages because of "bodily injury" or "prop-. erty damage" included in the "products - completed operations hazard ", and for medi- cal expenses under COVERAGE C, regard- less of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". CG D2 11 01 04 Designated Project General Aggregate(s): GENERAL AGGREGATE LIMIT SHOWN ON THE DECLARATIONS 3. Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shall reduce the Desig- nated Project General Aggregate Limit for that designated "project ". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they re- duce any other Designated Project General Aggregate Limit for any other designated "project" shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Project General Ag- gregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents un- der COVERAGE C. (SECTION I), which cannot be attributed only to operations at a single desig- nated "project" shown in the Schedule above: Copyright, The Travelers Indemnity Company, 2004 Page 1 of 2 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM VVith respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS F. HIRED AUTO - LIMITED WORLDWIDE COVERAGE - INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE - GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which - ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II - LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and CA T3 53 03 10 H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. © 2010 The Travelers indemnity Company. Page 1 of 4 Includes copyrighted material of Insurahce Services Office, Inc. with its permission. to the "insured" whether primary, excess contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the fumishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss 'of use is $65 per day, to a maximum of $750 for any one "accident ". I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. CA T3 53 03 10 COMMERCIAL AUTO J. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured "; and (2) In or on your covered "auto ". This coverage applies only in the event of a total theft of your covered "auto ". No deductibles apply to this Personal Effects coverage. K. AIRBAr_c The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss ". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss ". © 2010 The Travelers Indemnity Company. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 2 Search > PHOENIX INSURANCE COMPANY THE PHOENIX INSURANCE COMPANY THE General 1 Contact 1 Licensing 1 Appointments 1 Complaints 1 Orders 1 National Info 1 Ratings j Back to Search General information Contact information Name: PHOENIX INSURANCE COMPANY THE Registered address Corporate family group: TRAVELERS GRP What is this? 61 WOODLAND ST Organization type: PROPERTY HARTFORD, CT 06183- 9070 WAOIC: 1077 NAIC: 25623 status: ACTIVE Admitted date: 09/10/1890 Ownership type: STOCK back to top Types of coverage authorized to sell what is this ?, Insurance types Casualty Marine Ocean Marine Property Surety Vehicle back to top Telephone 860 - 277 -0111 Agents and agencies that represent this company (Appointments) what Isthts? View agents is back to top Company complaint history What.is this? View complaints ? back to top View agencies Mailing address ONE TOWER SQUARE, 4MN HARTFORD, CT 06183 Telephone 860 - 277 -0111 Disciplinary orders 2008 -2012 what 's this? No disciplinary orders are found Looking for other orders? Our online orders search allows you to search a ten year history of all orders, including enforcement orders, administrative orders, and general orders. back to top National information on insurance companies http: / /www. insurance.wa. gov /consumertoolkit /Company /CompanyProfi le. aspx? W... 3/29/2012 Best's Credit Rating Center - Company Information for Phoenix Insurance Comp... Page 1 of 2 Ratings & Analysis Center Regional Centers: Asia- Pacific !Canada! Europe, Middle East and Africa Ratings & Analysis w » Home » Best's Credit Ratings + » Financial Strength Ratings » Issuer Credit Ratings » Debt Ratings » Advanced Search » About Best's Credit Ratings + » Get a Credit Rating + » Best's Special Reports a Add Best's Credit Ratings Search To Your Site » BestMark for Secure -Rated Insurers » Contact an Analyst » Awards and Recognitions News & Analysis Products & Services Industry Information w Corporate w Regulatory Affairs w Support & Resources w Conferences and Events w Phoenix Insurance Company (a member of Travelers Group) A.M. Best #: 002518 NAIC #: 25623 FEIN #: 060303275 Parent Stock Ticker New York Stock Exchange NYSE TRV Address: One Tower Square Hartford, CT 06183 UNITED STATES Phone: 860 - 277 -0111 Fax: 860 - 277 -7002 Web: www.travelers.com Bests Credit Ratings Assigned to companies that have, in our opinion, a supenor ability o meet their ongoing insurance obligations. Home 'About Us 1 Contact Us 1 Sitemap IR Print this oage F6 anekd atr igth Rating A+ Superior Financial Strength Ratings View Definitions Issuer Credit Ratings View Definitions Rating: A+ (Superior) Financial Size Category: XV ($2 Billion or greater) Outlook: Stable Action: Affirmed Effective Date: May 26, 2011 Denotes Under Review Best's Ratings Long-Term: aa Outlook: Stable Action: Affirmed Date: May 26, 2011 Office: A.M. Best Company Financial Analyst: Michael W. Russo Assistant Vice President: Michael J. Lagomarsino, CFA Reports and News Visit our NewsRoom for the latest news and press releases for this company and its A.M. Best Group. AMB Credit Report - Insurance Professional - includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 03/26/2012 (represents the latest significant change). Historical Reports are available in AMB Credit Report - Insurance Professional 6.rct_ _1-, Best's Executive Summary Reports (Flnanclal Overview) - available in three 0"-!. versions, these presentation style reports feature balance sheet, income statement, key financial performance tests including profitability, liquidity and reserve analysis. Data Status: 2012 Best's Statement File - P /C, US. Contains data compiled as of 3/29/2012 (Quality Cross Checked). • Single Company - five years of financial data specifically on this company. • Comparison - side -by -side financial analysis of this company with a peer group of up to five other companies you select. • Composite - evaluate this company's financials against a peer group composite. Report displays both the average and total composite of your selected peer group. -1 MB Credit Report - Business Professional - provides three years of key Vr'i financial data presented with colorful charts and tables. Each report also features the latest Best's Ratings, Rating Rationale and an excerpt from our Business Review commentary. Data Status: Contains data compiled as of 3/29/2012 (Quality Cross Checked). �. Best's Kev Rating Guide Presentation Report - includes Best's Financial Strength Rating and financial data as provided in Best's Key Rating Guide products. Data Status: 2010 Financial Data (Quality Cross Checked). Financial and Analytical Products Bests Kev Rating Guide - P /C, US & Canada Best's Statement File - P/C US Best's Statement File - Global Best's Insurance Reports - P /C. US & Canada terk Member Center For ratings and product access o in Find a Best's Credit Rating 'Enter a Company Name » Advanced Search .Go Get Rated ByA.M.Best View Rating Definitions ISelect one http: / /www3 . ambest.com /ratings/FullProfile. asp ?B1 =0 &AMBNum= 2518 &AltSrc... 3/29/2012 Search > TRAVELERS INDEMNITY COMPANY THE Page 1 of 2 TRAVELERS INDEMNITY COMPANY THE General 1 Contact 1 Licensing 1 Appointments 1 Complaints 1 Orders 1 National Info 1 Ratings General information Name: TRAVELERS INDEMNITY COMPANY THE Corporate family group: TRAVELERS GRP Organization type: PROPERTY wAcnc: 1323 NAIC: 25658 status: ACTIVE Admitted date: 11/27/1916 Ownership type: STOCK is back to top [Back to Search I Contact information Registered address ONE TOWER SQUARE HARTFORD, CT 06183 - What is this? 9070 Types of coverage authorized to sell What Isthis? Insurance types Casualty Marine Ocean Marine Property Surety Vehicle back to top Telephone 860 - 277 -0111 Agents and agencies that represent this company (Appointments) what is_this View agents i. back to top Company complaint history what,�s this? View complaints ? back to top View agencies Mailing address ONE TOWER SQUARE HARTFORD, CT 06183- 9070 Telephone 860 - 277 -0111 Disciplinary orders 2008 -2012 What Is this? No disciplinary orders are found Looking for other orders? Our online orders search allows you to search a ten year history of all orders, including enforcement orders, administrative orders, and general orders. .a_ back to top http: / /www. insurance.wa.gov /consumertoolkit /Company /CompanyProfile. aspx ?W... 3/29/2012 Best's Credit Rating Center - Company Information for Travelers Indemnity Com... Page 1 of 2 Ratings & Analysis Center Regional Centers: Asia - Pacific !Canada !Europe, Middle East and Africa Ratings & Analysis r Home D Best's Credit Ratings + D Financial Strength Ratings D Issuer Credit Ratings n Debt Ratings Advanced Search a About Best's Credit Ratings + a Get a Credit Rating + a Best's Special Reports Add Best's Credit Ratings Search To Your Site D BestMark for Secure -Rated Insurers D Contact an Analyst a Awards and Recognitions News & Analysis Products & Services Industry Information d Corporate w Regulatory Affairs er Support & Resources i Conferences and Events r Travelers Indemnity Company (a member of Travelers Group) A.M. Best #: 002520 NAIC #: 25658 FEIN #: 060566050 Parent Stock Ticker New York Stock Exchange NYSE TRV Address: One Tower Square Hartford, CT 06183 UNITED STATES Phone: 860 - 277 -0111 Fax: 860- 277 -7002 Web: www travelers.com Best's Credit Ratings Assigned to companies that have, in our opinion, a superior ability o meet their ongoing insurance obligations. Home !About Us 1 Contact Us 1 Sitemap M print this one I For ratings and product access _ _ o in Si n-u (III . Member Center Flnanclal Strength Ratings View Definitions Issuer Credit Ratings View Definitions Rating: A+ (Superior) Financial Size Category: XV ($2 Billion or greater) Outlook: Stable Action: Affirmed Effective Date: May 26, 2011 • Denotes Under Review Best's Ratings Long -Tenn: as Outlook: Stable Action: Affirmed Date: May 26, 2011 Office: A.M. Best Company Flnanclal Analyst: Michael W. Russo Assistant Vice President: Michael J. Lagomarsino, CFA Reports and News Visit our NewsRoom for the latest news and press releases for this company and its A.M. Best Group. AMB Credit Report - Insurance Professional - includes Best's Financial Strength _), Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 03/26/2012 (represents the latest significant change). Historical Reports are available in AMB Credit Report - Insurance Professional rch ve. Best's Executive Summary Reports (Financial Overview) - available in three On versions, these presentation style reports feature balance sheet, income statement, key financial performance tests including profitability, liquidity and reserve analysis. Data Status: 2012 Best's Statement File - P /C, US. Contains data compiled as of 3/29/2012 (Quality Cross Checked). • Single Company - five years of financial data specifically on this company. • Comparison- side -by -side financial analysis of this company with a peer group of up to five other companies you select. • Composite - evaluate this company's financials against a peer group composite. Report displays both the average and total composite of your selected peer group. (l AMB Credit Report - Business Professional - provides three years of key L! ; financial data presented with colorful charts and tables. Each report also features the latest Best's Ratings, Rating Rationale and an excerpt from our Business Review commentary. Data Status: Contains data compiled as of 3/29/2012 (Quality Cross Checked). ifBest's Kev Retina Guide Presentation Report - includes Best's Financial t Strength Rating and financial data as provided in Best's Key Rating Guide products. Data Status: 2010 Financial Data (Quality Cross Checked). Financial and Analytical Products Best's Key Rating Guide - P /C. US & Canada Best's Statement File - P /C. US Best's Statement File - Global Best's Insurance Reports - P /C. US & Canada Find a Best's Credit Rating (Enter a Company Name D Advanced Search aGo 'Get Rated By A.M. Best View Rating Definitions ISelect one... http: / /www3 .ambest.com/ ratings /FullProfile.asp ?B1 =0 &AMBNum= 2520 &AltSrc... 3/29/2012