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CP1829 #19-07 2019 Arterial Patch and Overlay Project
CITY OF AUBURN Nancy Backus, Mayor WASHINGTON 25 West Main Street* Auburn WA 98001-4998 *www.auburnwa.gov * 253-931-3000 May 7, 2019 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mark Eichleberger CPM Development Corporation DBA ICON Materials 1508 Valentine Avenue SE Pacific, WA 98047 RE: Award of Contract No. 19-07 Project No. CP1829, 2019 Citywide Arterial Patch and Overlay Letter of Award Mr. Eichleberger: Bids for construction of the above-referenced project were opened by the City Clerk at Auburn City Hall on Tuesday, April 23, 2019, at 11:00 AM. Six responsive bids were received and have been tabulated. Your firm submitted the lowest responsible bid.The total award amount is$838,078.30. The City Council, at their meeting on May 6, 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 Jenny Sebero, 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 10:00 AM on Wednesday, May 22, 2019, in Conference Room#2,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. The Contractor shall submit electronically one (1) day prior to the pre-construction meeting: a) Preliminary Progress Schedule for the full project duration. ENG-006,Revised 02/19 AUBURN * MORE TI IAN YOU IMAGINED CPM Development corporation DBA ICON Materials May 7, 2019 Page 2 of 2 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, Jenny Sebero at 253-931-3012 with any contract administration related questions. Since - , Lr+- Jai Carter, P.E. Project Engineer Public Works Department JC/js/as Enclosures cc: Shawn Campbell, City Clerk Josh Linkem, Project Inspector File 13.11 (CP1829) ENG-006,Revised 02/19 CITY OFV J\JJJ31J $ Nancy Backus, Mayor WASHINGTON 25 West Main Street*Auburn WA 98001-4998 *www.auburnwa.gov *253-931-3000 June 11, 2019 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mark Eichelberger CPM Development corporation d/b/a ICON Materials 1508 Valentine Avenue SE Pacific, WA 98047 NOTICE TO PROCEED RE: CP1829, 2019 Arterial Patch and Overlay Project, Contract#19-07 You are hereby notified to proceed as of June 14, 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 June 17, 2019. This project has 68 working days for completion. If you have any questions, please contact the inspector for the project, Josh Linkem at 253-876-1926 or the Contract Administration Specialist, Jenny Sebero at 253-931-3012. Sincerel ..P Jai Carter, P.E. Project Engineer Public Works Department JC/js/as Enclosure cc: Shawn Campbell, City Clerk Jacob Sweeting, Assistant Director of Engineering/City Engineer Josh Linkem, Project Inspector File 13.11 (CP1829) ENG-017, Revised 12/18 AUBURN 4, MORE THAN YOU IMAGINED CO Contract No. 1907 THIS AGREEMENT AND CONTRACT, made and entered into, in duplicate, at Auburn, Washington, this I day of 3Line._ , 20 , by and between the CITY OF AUBURN, WASHINGTON, a municipal corporation, and CPM Development Corporation DBA ICON Materials, hereinafter called the CONTRACTOR. WITNESSETH: That, in consideration of the terms and conditions contained in the Contract Documents entitled "CP1829, 2019 Citywide Patch & Overlay 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 CP1829, 2019 Citywide Patch & Overlay Project — include grind and overlay 1.75 lane-miles of major arterial roadways, and patch pavement on 0.62 miles of arterial roadways, install traffic signal detection equipment and upgrade 3 curb ramps to meet ADA requirements for a total contract value of eight hundred and thirty-eight thousand and seventy-eight dollars and thirty cents ($838,078.30) 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 seven (7) calendar days after the receipt of the dated notification of award and the Contract time shall commence within five (5) working days after execution of the Contract by the City and so designated on the Notice to Proceed. Physical completion shall be within 68 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. CITY OF AUBURN, WASHINGTON By C ,AtZ:kttot-fisW Nan( 'zackus, Mayor Countersigned: this day of L , 20L1 APPROVED AS TO FORM: Steve Gross, ty Attorney CPM DEVELOPMENT COPORATION DBA ICON MATERIALS By Authorizel Signature Rob Meidinger CONTRACT BOND CONTRACT NO. 19-07 BOND NO. 9317868 BOND TO CITY OF AUBURN, WASHINGTON KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, CPM DEVELOPMENT COPORATION DBA ICON MATERIALS, as principal, and Fidelity and Deposit Company of Maryland , a corporation, organized and existing under the laws of the State of Illinois 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 Eight Hundred Thirty Eight Thousand Seventy Eight and 301100 ($838,078.30) dollars, 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 I Ik day of AO , 201 7 Nevertheless, the conditions of the above obligation are such that: WHEREAS, the City of Auburn on the 6 day of May, 2019, let to the above bounden principal a certain Contract. The said Contract being numbered 19-07, and providing for the construction of Project CP1329, 2019 Citywide Patch & Overlay Project - include grind and overlay 1.75 lane-miles of major arterial roadways, and patch pavement on 0.62 miles of arterial roadways, install traffic signal detection equipment and upgrade 3 curb ramps to meet ADA requirements (which Contract is referred to herein and is made a pad 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 arid 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 completion 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 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 Contract Completion. Notwithstanding 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 Contract Completion, 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 9th day of May 2019 CPM Devefointorporatic.)n DBA ICON Materials 4 cIpaI Rob Meiciinger Fidelity and Deposit Company of Maryland Surety t- Fact Tina Davis, WA License No. 263018 15 W. South Temple, Suite 700 Salt Lake City, UT 84101 801-533-3624 Non- Resident Agent's Address& Phone Number State of UT County of Salt Lake J �' On May 09, 2019 ,before me,a Notary Public in and for said County and State,residing therein,duly commissioned and sworn.personally appeared Tina Davis known to me to be Attorney-in-Fact of Fidelity and Deposit Company of Maryland the corporation described in and that executed the within and foregoing instrument,and known to me to he the person who executed the said instrument in behalf of the said corporation,and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the c and year stated in this certificate above. 411 • ., r My Commission3/13/2023 Expires - A 1411411111110' Lisa Hall y Public " LISA HALL r w { `' M StateNotary f Utah of Utah b'F My ComCommissicmmission NumExpires Mberarch704231 13,2023 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President.in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute, and appoint Tina Davis,Lisa Hall,Lindsey Plattner and Linda Nipper,all of Salt Lake City,Utah,EACH,its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver. fir, and on its behalf as surety, and as its act and deed: any and all bonds anti undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply. to all intents and purposes. as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York.New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills,Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V.Section 8,of the By-Laws of said Companies.and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 6`r'day of March,A..D.2019. C/fro COUILP, ..73) i §61 MAL `=t 19061 4t ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President By: Daum E.Brown • Secretary State of Maryland County of Baltimore • On this 6th day of March, A.D.2019. before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument.and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid.and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto act my hand and affixed my Official Seal the day and year first above written. ptNAV.;y ' ..awn.. Constance A.Dunn,Notary Public ���hry;�i,a:i•:r.�' My Commission Expires:July 9,2019 • EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V.Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies. recognizances. stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time.,, CERTIFICATE I, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate:and I do further certify that Article V,Section 8,of the By- Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney.,.Any such Power or any certificate thereof hearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASIJALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. and the following resolution 01'the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May. 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President.Secretary,or Assistant Secretary of the Company.whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 9th clay of May , 2019 . G'yi tNStl'" ono, �' alto SEAL I .r. r Jo. 1009 /A • «,r • By: Brian M.Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.repo rtsfclaiuisf zurichna.com 800-626-4577 Page 1 of 2 Consumer tools Agent and Company Lookup. Orders Independent Review Decisions FIDELITY & DEPOSIT COMPANY OF MARYLAND Change History I Licensing. I Appointments I Complaints I Orders I National Info I Ratings Tax Filings Back to Search General information Contact information Name: FIDELITY& DEPOSIT COMPANY OF MARYLAND Registered address Mailing address Corporate family group: ZURICH INS GRP O 1299 ZURICH WAY 1299 ZURICH WAY Organization type: PROPERTY SCHAUMBURG, IL 60196 SCHAUMBURG, IL 60196 Doing Business As (DBA): Unavailable Telephone Telephone WAOIC: 442 847-605-6000 847-605-3348 NAIC: 39306 Status: ACTIVE Admitted date: 07/27/1895 Ownership type: STOCK T.ts%k.m.to Company change history o. View changes Vack to top ................. Types of coverage authorized to sell o Insurance types Casualty Marine Ocean Marine Property Surety Vehicle I'back to top Agents and agencies that represent this company (Appointments) o View agents View agencies back to.top Company complaint history o IView complaints T.4.ask.t9.19e https://fortress.wa.gov/oic/consumertoolkit/Company/CompanyProfile.aspx?WAOIC=442 5/15/2019 Page 2 of 2 Orders issued since 2010 0 View orders T back to top Premium tax filings by tax year 0 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. is 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 Core Moody's Investors.Servlce Fitch IBCA Duff and Phel.s Ratin•s 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. https://fortress.wa.gov/oic/consumertoolkit/Company/CompanyProfi le.aspx?WAOIC=442 5/15/2019 Page 1 of 7 93 Shares Fidelity and Deposit Company of Maryland (a member of Zurich Financial Services NA Group) AM Best#: 000387 NAIC#: 39306 FEIN#: 13-3046577 Address: 1299 Zurich Way Schaumburg, IL 60196-1056 UNITED STATES Phone: 847-605-6000 Fax: 877-962-2567 Web: www.zurichna.com Follow 41 Print this page Best's Credit Ratings Financial Strength Rating View Definition Rating: A+ (Superior) Affiliation Code: g (Group) Financial Size Category: XV($2 Billion or greater) Outlook: Stable Action: Affirmed Effective Date: September 19, 2018 Initial Rating Date: June 30, 1922 jf Long-Term Issuer Credit Rating View Definition Long-Term: aa- I Outlook: Stable Action: Affirmed Effective Date: September 19, 2018 Initial Rating Date: September 14, 2004 http://consumers.ambest.com/CompanyProfile.aspx?BL=36&URATINGID=2826806&M... 5/15/2019 Page 2 of 7 u Denotes Under Review Best's Rating J l J Licensing: Licensed Territory: (Current since 01/16/2009).The company is licensed in the District of Columbia, Guam, Northern Mariana Islands, Puerto Rico, U.S. Virgin Islands and all states. 1 I Ii 1 I I 1 i I I j 1 i I I 1 l I I � 1 I I I I I I l http://consumers.ambest.com/CompanyProfile.aspx?BL=3 6&URATINGID=2826806&M... 5/15/2019 :------- ® DATE(MMlDDIYYYY) A�GRL CERTIFICATE OF LIABILITY INSURANCE 5/11/2019 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 does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Liberty 'Mutual Insurance Co. National Insurance East NAMEACT Valerie Reece 2000 Westwood Dr. (AJC No,Ext): 513-867-3822 FAX Wausau, Wausau, WI 54401 E-MAIL ADDRESS: CMeCertProductlon(a�libertymutual.com INSURER(S)AFFORDING COVERAGE NAIC# _ www.LibertyMutual.com INSURER A: Liberty Mutual Fire Insurance Company 23035 INSURED INSURER B: Liberty Insurance Corporation 42404 CPM Development Corporation (120-PAC) DBA ICON Materials INSURER c:__ 1508 Valentine Avenue SE INSURERD: Pacific WA 98047-2103 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 48626302 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. IXPNSR TYPE OF INSURANCE INSD wvo POLICY NUMBER IMM DD/YYYYUMMIDONYYYL LIMITS A / COMMERCIAL GENERAL LIABILITY / i TB2-C81-004095-118 9/1/2018 9/1/2019 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED CLAIMS-MADE r,Fi OCCUR XCU Coverage Included PREMISES(Ea occurrence) $250,000 Primary/Non-Contributory MED EXP(Any one person) $50,000 Separation of Insured PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ✓ jE 3 LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY ✓ ✓ AS2-C81-004095-128 9/1/2018 9/1/2019 COMBINED OMBt INEDSINGLE INGLELIMIT $2,000,000 ✓ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AS2-C81-054502-528 9/1/2018 9/1/2019 BODILY INJURY(Per accident) $ AUTOS ONLY _ AUTOS Physical Damage Only: PROPERTY DAMAGE HIRED NON-OWNED $ AUTOS ONLY _ AUTOS ONLY Comprehensive Ded$10,000 (Per accident) Collision Ded$10,000 $ A UMBRELLA LIAB / OCCUR ,/ ,/ TL2-681-054523-928 9/1/2018 9/1/2019 EACH OCCURRENCE $1,000,000 ✓ EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED RETENTION$ Products/Completed Ops$1,000,000 B WORKERS COMPENSATION ✓ WA7-C8D-004095-028 9/1/2018 9/1/2019 `/ STATUTE OTH- ER AND EMPLOYERS'LIABILITY Y/N All except OH,ND,WA,WY ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED7 N N/A (Mandatory In NH) WC7-C81-004095-018 9/1/2018 9/1/2019 E.L.DISEASE-EA EMPLOYEE $1,.0D0 000 __ If yes,describe under DESCRIPTION OF OPERATIONS below WI,MN E.L.DISEASE-POLICY LIMIT $1,000,000 A Washington Stop Gap TB2-C81-004095-118 9/1/2018 9/1/2019 BI Each Accident-$1,000,000 Employers Liability Coverage BI Aggregate Limit-$1,000,000 BI Each Employee-$1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) RE:Project:C/N 19-07,CP1829 2019 Citywide Arterial Asphalt Patch and Overlay City of Auburn,its Officers,Elected Officials,Employees,Agents and Volunteers are listed as additional insured with regards to the general liability,automobile liability,and excess liability policies,on a primary and non-contributory basis,where required by written contract. Waiver of subrogation Is included in favor of the additional insured,where required by written contract,and where applicable by law. 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 25 W Main St ACCORDANCE WITH THE POLICY PROVISIONS. Auburn WA 98001-4998 AUTHORIZED REPRESENTATIVE ) I Valerie Reece ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 48626302 1 LM 44 1 *9/18-9/19 - Standard 2/2 w/WA Stop Dap 1 Connie Myszka 15/11/2019 7:43:44 PM (CDT) 1 Page 1 of 1 Policy Number: AS2-C81-054502-528 Issued by: Liberty Mutual Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED-NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s)or Organizations(s); Any person or organization for which such coverage is required by written contract with the Named Insured Regarding Designated Contract or Project: Each person or organization shown in the Schedule of this endorsement is an"insured"for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations and the agreement was executed prior to the "bodily injury"or"property damage", then this insurance will be primary and we will not seek contribution from such insurance. AC 84 23 0811 0 2010, Liberty Mutual Group of Companies.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. i i i POLICY NUMBER: AS2-C81-004095-128 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name(s)Of Person(s)Or Organization(s): Any person or organization for whom you perform work under a written contract If the contract requires you to obtain this agreement from us, but only if the contract is executed prior to the injury or damage occurring. Premium: $ INCL Information required to complete this Schedule, If not shown above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation Is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: AS2-C81-004095-128 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement Identifies person(s) or organization(s)who are"insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s)Or Organization(s): Any person or organization whom you have agreed in writing to add as an additional insured,but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an"insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section 11 — Covered Autos Liability Coverage In the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form, CA 20 48 1013 ©Insurance Services Office, Inc.,2011 Page 1 of 1 POLICY NUMBER: AS2-C81-004095-128 COMMERCIAL AUTO CA 99 48 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION LIABILITY - BROADENED COVERAGE FOR COVERED AUTOS - BUSINESS AUTO AND MOTOR CARRIER COVERAGE FORMS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. A. Covered Autos Liability Coverage is changed as "Covered pollution cost or expense" does not follows: include any cost or expense arising out of the 1. Paragraph a.of the Pollution Exclusion applies actual, alleged or threatened discharge, only to liability assumed under a contract or dispersal, seepage, migration, release or agreement, escape of"pollutants": 2. With respect to the coverage afforded by a. Before the"pollutants"or any property in Paragraph A.1. above, Exclusion B.6, Care, which the"pollutants" are contained are Custody Or Control does not apply. moved from the place where they are accepted by the"insured"for movement B. Changes In Definitions into or onto the covered"auto"; or For the purposes of this endorsement, Paragraph b. After the "pollutants" or any property in D. of the Definitions Section is replaced by the which the"pollutants" are contained are following; moved from the covered "auto" to the D. "Covered pollution cost or expense"means any place where they are finally delivered, cost or expense arising out of: disposed of or abandoned by the 1. Any request, demand, order or statutory or "insured". regulatory requirement that any"insured"or Paragraphs a.and b. above do not apply to others test for, monitor, clean up, remove, "accidents" that occur away from premises contain,treat,detoxifyor neutralize,or In any owned by or rented to an "insured" with way respond to, or assess the effects of respect to "pollutants" not in or upon a "pollutants"; or covered"auto"If: 2. Any claim or "suit" by or on behalf of a (1) The "pollutants" or any property in governmental authority for damages which the "pollutants" are contained because of testing for, monitoring, cleaning are upset,overturned or damaged as up, removing, containing, treating, a result of the maintenance or use of detoxifying or neutralizing, or in any way a covered"auto"; and responding to or assessing the effects of (2) The discharge, dispersal, seepage, "pollutants". migration, release or escape of the "pollutants"is caused directly by such upset, overturn or damage. Premium: INCL %of Premium: Class Code: CA 99 48 10 13 ©Insurance Services Office, Inc.,2011 Page 1 of 1 POLICY NUMBER:TB2-C81-004095-1 18 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section !I — Who Is An Insured is amended to 1. All work, including materials, parts ay include as an additional insured the person(s) or equipment furnished in connection with such organizations) shown in the Schedule, but only with work, on the project (other than service, respect to liability for "bodily injury", "property maintenance or repairs) to be performed by or damage" or "personal and advertising Injury" on behalf of the additional insured(s) at the caused, in whole or In part,by: location of the covered operations has been 1. Your acts or omissions;or completed; or 2. The acts or omissions of those acting on your 2. That portion of "your work" out of which the behalf; injury or damage arises has been put to its intended use by any person or organization In the performance of your ongoing operations for other than another contractor or subcontractor the additional insured(s) at the location(s) engaged In performing operations for a designated above. principal as a part of the same project. However; C. With respect to the insurance afforded to these 1. The insurance afforded to such additional additional insureds, the following is added to insured only applies to the extent permitted by Section ill—Limits Of Insurance: law;and If coverage provided to the additional Insured is 2, if coverage provided to the additional insured is required by a contract or agreement, the most we required by a contract or agreement, the will pay on behalf of the additional Insured is the insurance afforded to such additional insured will amount of insurance: not be broader than that which you are required 1. Required by the contractor agreement;or by the contract or agreement to provide for such additional Insured. 2. Available under the applicable Limits of B. With respect to the insurance afforded to these Insurance shown in the Declarations; additional insureds, the following additional whichever is less. exclusions apply: This endorsement shall not Increase the This insurance does not apply to "bodily injury" or applicable Limits of Insurance shown in the "property damage" occurring after: Declarations. SCHEDULE Name Of Additional Insured Person(s) Location(s)Of Covered Operations Or Organlzatlon(s): Any owner, lessee,or contractor for whom you have Any location listed in such agreement agreed in writing prior to a loss to provide liability insurance Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CC 2010 0413 ®Insurance Services Office, Inc.,2012 Page 1 of 1 POLICY NUMBER:TB2-C81-004095-118 COMvERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional Insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured Is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations hazard". 1. Required by the contract or agreement; or However; 2. Available under the applicable Limits of 1. The insurance afforded to such additional Insurance shown in the Declarations; Insured only applies to the extent permitted by whichever Is less, law;and This endorsement shall not Increase the applicable 2. If coverage provided to the additional insured is Limits of Insurance shown in the Declarations. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. SCHEDULE Name Of Additional Insured Person(s) Or Organization(s); Location And Description Of Completed Operations Any owner,lessee, or contractor for whom you have Any location listed in such agreement agreed in writing prior to a loss to provide liabiltiy insurance Information required to complete this Schedule,if not shown above, will be shown in the Declarations. CG 20 37 0413 ©Insurance Services Office, Inc.,2012 Page '1 of 1 POLICY NUMBER:TB2-C81-004095-118 COMVERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard".This waiver applies only to the person or organization shown in the Schedule below. SCHEDULE Name Of Person Or Organization: As required by written contract or agreement entered into prior to loss. Information required to complete this Schedule,if not shown above, will be shown in the Declarations. CG 24 04 05 09 ©Insurance Services Office, Inc.,2008 Page 1 of 1 POLICY NUMBER:TB2-C81-004095-1 18 COMMERCiAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. For all sums which the Insured becomes legally B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- obligated to pay as damages caused by rences" under Section I—Coverage A, and for all "occurrences" under Section i— Coverage A, and medical expenses caused by accidents under for all medical expenses caused by accidents Section 1 — Coverage C, which can be attributed under Section I -- Coverage C, which cannot be only to ongoing operations at a single designated attributed only to ongoing operations at a single construction project shown In the Schedule below: designated construction project shown in the 1. A separate Designated Construction Project Schedule below: General Aggregate Limit applies to each des- 1. Any payments made under Coverage A for ignated construction project, and that limit is damages or under Coverage C for medical equal to the amount of the General Aggregate expenses shall reduce the amount available Limit shown in the Declarations. under the General Aggregate Limit or the 2. The Designated Construction Project General Products-completed Operations Aggregate Aggregate Limit is the most we will pay for the Limit,whichever is applicable;and sum of all damages under Coverage A, ex- 2. Such payments shall not reduce any cept damages•because of "bodily injury" or Designated Construction Project General "property damage" included in the "products- Aggregate Limit. completed operations hazard", and for medi- C. When coverage for liability arising out of the cal expenses under Coverage C regardless of "products-completed operations hazard" is prov- the number of: ided, any payments for damages because of a. Insureds; "bodily injury" or"property damage" included in the b. Claims made or"suits"brought;or "products-completed operations hazard" will reduce the Products-completed Operations Agg- c. Persons or organizations making claims or regate Limit, and not reduce the General Agg- bringing "suits". regate Limit nor the Designated Construction 3. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the Designated Con- has been abandoned, delayed, or abandoned and struction Project General Aggregate Limit for then restarted, or if the authorized contracting that designated construction project. Such parties deviate from plans, blueprints, designs, payments shall not reduce the General Ag- specifications or timetables, the project will still be gregate Limit shown in the Declarations nor deemed to be the same construction project shall they reduce any other Designated Con- struction Project General Aggregate Limit for E. The provisions of Section III—Limits Of Insurance any other designated construction project not otherwise modified by this endorsement shall shown in the Schedule below. continue to apply as stipulated. 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 Decla- rations, such limits will be subject to the appli- cable Designated Construction Project Gen- eral Aggregate Limit. CG 25 03 05 09 ©insurance Services Office, Inc..2008 Page 1 of 2 SCHEDULE Designated Construction Project(s): All Projects. Information required to complete this Schedule,if not shown above, will be shown in the Declarations. CG 25 03 05 09 ®Insurance Services Office, Inc., 2008 Page 2 of 2 Policy Number TB2-C81-004096-118 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE AMENDMENT—SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Person or Organization: Any person or organization for which such coverge is required by written contract with the named insured If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent,or any other basis for any person or organization shown in the Schedule of this endorsement that qualifies as an additional Insured on this policy,this policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV-Conditions will not apply. If the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV- Conditions will govern. However,this insurance is excess over any other insurance available to the additional Insured for which it Is also covered as an additional Insured by attachment of an endorsement to another policy providing coverage for the same"occurrence",claim or"suit". LC 24 20 0213 ®2013 Liberty Mutual Insurance,All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 1 of 7 93 Shares Liberty Mutual Fire Insurance Company (a member of Liberty Mutual Insurance Companies) AM Best#: 002282 NAIC#: 23035 FEIN#: 04-1924000 Address: 175 Berkeley Street Boston, MA 02117 UNITED STATES Phone: 617-357-9500 Fax: 617-574-5955 Web: www.libertymutualgroup.com Follow A Print this page Best's Credit Ratings [ Financial Strength Rating View Definition Rating: A (Excellent) Affiliation Code: p (Pooled) Financial Size Category: XV($2 Billion or greater) Outlook: Stable Action: Affirmed Effective Date: May 16, 2018 Initial Rating Date: June 30, 1920 Long-Term Issuer Credit Rating View Definition Long-Term: a Outlook: Stable Action: Affirmed Effective Date: May 16, 2018 Initial Rating Date: January 25, 2006 http://consumers.ambest.com/CompanyProfile.aspx?BL=36&ambnum=002282&PPP= 5/15/2019 Page 2 of 7 f ( u Denotes Under Review Best's Rating 1 l J Licensing: Licensed Territory: (Current since 06/29/2009).The company is licensed in the District of Columbia, Puerto Rico and all states. It is also licensed in all Canadian provinces and territories. I I � i I I i I I 4 1 i i ( I I I ' 1 1 i1 I I 1 I 1 1 http://consumers.ambest.com/CompanyProfile.aspx?BL=36&ambnum=002282&PPP= 5/15/2019 Page 1 of 2 Consumer tools Agent and Company Lookup Orders `Independent Review Decisions LIBERTY MUTUAL FIRE INSURANCE COMPANY Change History I Licensing. I Appointments I Complaints I Orders I Natlonal.Info. I Ratings I Tax Filings Back to Search General information Contact information Name: LIBERTY MUTUAL FIRE INSURANCE COMPANY Registered address Mailing address Corporate family group: LIBERTY MUT GRP 0 2000 WESTWOOD DR 175 BERKELEY ST Organization type: PROPERTY WAUSAU, WI 54401 BOSTON, MA 02117 Doing Business As (DBA): Unavailable Telephone Telephone WAOIC' 732 617-357-9500 617-357-9500 NAIC: 23035 Status: ACTIVE Admitted date: 12/27/1924 Ownership type: MUTUAL T.4.u..k.M.Np. Company change history 9. View changes Tback to top Types of coverage authorized to sell o Insurance types Casualty Marine Ocean Marine Property Surety Vehicle T back to top Agents and agencies that represent this company (Appointments) o View agents I View agencies T back to top Company complaint history o View complaints T Ns.k.ta.Ssa https://fortress.wa.gov/oic/consumertoolkitlCompany/CompanyProfile.aspx?WAOIC=732 5/15/2019 Page 2 of 2 Orders issued since 2010 0. View orders T back to top Premium tax filings by tax year o 2018 2017 2016 2015 2014 .............. T back to top National information on insurance companies Want more Information about this company?The NAIC's Consumer Information (CIS) page allows you to retrieve national financial and complaint Information on insurance companies, plus has Information and tips to help you understand current insurance Issues. T back to Lop 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 Coro Mood 's Investors Service Fitch IBCA, Duff and Phelps Ratings Disclaimer:Links to external or third-party websites are provided solely for visitors'convenience.Links you take to other sites are done so at your own risk and our 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. T.R@.Ek.I8.59R https://fortress.wa.gov/oic/consulnertoollcit/Company/CompanyProfile.aspx?WAOIC=732 5/15/2019 Page 1 of 7 93 Shares Liberty Insurance Corporation (a member of Liberty Mutual Insurance Companies) AM Best#:001812 NAIC#:42404 FEIN#: 03-0316876 Address: 175 Berkeley Street Boston, MA 02116 UNITED STATES Phone: 617-357-9500 Fax: 617-574-5955 Web: www.libertymutualgroup.com Follow ill Print this page Best's Credit Ratings Financial Strength Rating View Definition Rating: A (Excellent) Affiliation Code: r (Reinsured) Financial Size Category: XV($2 Billion or greater) Outlook: Stable Action: Affirmed Effective Date: May 16, 2018 Initial Rating Date: June 30, 1984 Long-Term Issuer Credit Rating View Definition Long-Term: a Outlook: Stable Action: Affirmed Effective Date: May 16, 2018 Initial Rating Date: January 25, 2006 http://consumers.ambest.com/CompanyProfile.aspx?BL=36&ambnum=001812&PPP= 5/15/2019 Page 2 of 7 ( u Denotes Under Review Best's Rating 1 Licensing: Licensed Territory: (Current since 06/12/2002).The company is licensed in the District of Columbia, Guam, Northern Mariana Islands, Puerto Rico and all states. 1 I I 1 ii i 1 i 1 I i 1 i I 1I 1 http://consumers.ambest.com/Compa.nyProfile.aspx?BL=36&ambnum=001812&PPP= 5/15/2019 Page 1 of 2 Consumer tools Agent and Company Lookup Orders Independent Review Decisions LIBERTY INSURANCE CORPORATION Change History I Licensing I Appointments I Complaints I Orders ( National Info I Ratings Tax Filings Back to Search General information Contact information Name: LIBERTY INSURANCE CORPORATION Registered address Mailing address Corporate family group: LIBERTY MUT GRP 0 2815 Forbs Ave Room 200 175 BERKELEY ST Organization type: PROPERTY Hoffman Estates, IL 60192 BOSTON, MA 02117 Doing Business As (DBA): Unavailable Telephone Telephone WAOIC: 729 617-357-9500 617-357-9500 NAIC: 42404 Status: ACTIVE Admitted date: 11/28/1983 Ownership type: STOCK back to top Company change history o View changes back to top Types of coverage authorized to sell ® Insurance types Casualty _Marine Ocean Marine Property Surety Vehicle t back to top Agents and agencies that represent this company (Appointments) o IView agents I View agencies back to top Company complaint history o View complaints .ha4k.0.SRP. https://fortress.wa.gov/oic/consumertoollcit/Company/CompanyProfile.aspx?WAOIC=729 5/15/2019 Page 2 of 2 Orders issued since 2010 o No orders are found T,¢ack„to„top Premium tax filings by tax year 0 2018 2017 2016 2015 2014 T ba,.,k,tp„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. T back,tp,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 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. T back to top • • https://fortress.wa.gov/oic/consumertoolkit/Company/Compa yProfile.aspx?WAOIC=729 5/15/2019 BOND IN LIEU OF RETAINAGE (Retainage Bond -ROW 60.28) Bond No. 9317869 KNOW ALL PERSONS BY THESE PRESENTS, THAT CPM DevelOPMent corp.oration DA ICON Materials. 1fM Valentine Ave SE PaSific VVA 98047., a corporation organized under the laws of the State of 'Washington and registered to do business in the State of Washington as a contractor, as Principal, and Fidelity and Deposit Company of Maryland a „... corporation organized under the laws of the State of __iffinois and registered to transact business in the State of Washington as surety, as Surety, their heirs, executors, administrators, successors and assigns, are jointly and severally held and bound to the City of Auburn, Washington, hereinafter called CITY, and are similarly held and bound unto the beneficiaries of the trust fund created by RCW 60.28, In the sum of five percent (5%) of all amounts earned by the Principal on the contract described below THE CONDITIONS OF THIS BOND OBLIGATION ARE THAT: WHEREAS, on the I day of 2019, the Principal executed Contract No. 19-07 with the CITY for Project Number CP1829, 2019 Arterial Patch and Overlay; and WHEREAS, said contract and RCW 60.28 require the CITY to withhold from the Principal the sum of five percent (5%)from monies earned by the Principal on estimates during the progress of the construction, hereinafter referred to as earned retained funds; and WHEREAS, the Principal has requested that the CITY not retain any earned retained funds as allowed under RCW 60.28; NOW, THEREFORE, the condition of this obligation is such that the surely is held and bound to the CITY and to the beneficiaries of the trust fund created by RCW 60.28 in the sum of five percent (5%) of the final contract cost which shall include any increases due to change orders, increases in quantities of work, addition of new items of work, or otherwise, hereafter referred to as the final contract cost. If all purposes of RCW 60,28 and all contract obligations are fulfilled, then this obligation shall be null and void; otherwise, it shall remain in full force and effect until release is authorized in writing by the CITY. IT IS FURTHER EXPRESSLY AGREED THAT: 1. The liability of the Surety under this bond shall not exceed five percent(5%) of the final contract cost, If no monies are retained by the CITY pursuant to RCW 60.28 on estimates during the progress of construction. Retainage Bond Page 1 of 3 ENG-050, Revised 9/18 2. In the event this bond ceases to comply with CITY standards, the CITY reserves the right to resume the actual withholding of earned retained funds according to the contractor's designated option for management of retainage under RCW 60,28.011(4). In the event the CITY resumes withholding of earned retained funds, the liability of the Surety under this bond shall not exceed the actual amount of the earned retained funds which were covered by this bond and released by the CITY prior to resumption of actual withholding. 3. The Surety hereby consents to and waives notice of any extension in the time for performance of the contract, assignment of obligations under the contract, or contract alteration, amendment, or change order. 4. Any suit under this bond must be instituted within the time period provided by applicable law with venue in King County, Washington. This bond and any proceeds therefrom shall be subject to all claims and liens and in the same manner and priority as set forth for retained percentages in RCW 60.28. 5, Until written release of this obligation by the CITY, this bond may not be terminated or canceled by the Principal or the Surety for any reason. Any extension of time for the Principal's performance on the contract, assignments of obligations under the contract, or any amendment to the contract or change orders of any kind shall not release the Surety from its obligation under this bond. 6. The contractor shall comply with all applicable requirements of RCW 60.28. 7. ROW 60.28 requires the CITY to accept a retainage bond in lieu of withholding earned retained funds and the Surety hereby waives any defense that this bond or bond form is void or otherwise not authorized by law. 8. Any claim or suit against the CITY to foreclose the liens provided for by ROW 60.28 shall be effective against the Principal and Surety and any judgment under 60.28 against the CITY shall be conclusive against the Principal and Surety. WITNESS our hands this 9th day of May 2019 PRINCIPAL: CPM Development Corp. DBA ICON Materials 1508 Valentine Ave SE Pacr1 W 98047 By: (Signature of Authorize efresentative) Rob Meidinger Print/Type Name Retainage Bond Page 2 of 3 ENG-050, Revised 9/18 SURETY: Fidelity and Deposit Company of Maryland ... -.. . ---. 'ttorney li .et for Surety4).-- ----...___ Tina Davis (Typed Name of Attorney-in-Fact) Dated May 9, 2019 Local Agent Name, Phone, & Address Marsh USA Inc. 15 W. South Temple, Suite 700 Salt Lake City, UT 84101 801-533-3624 CITY OF AUBURN: /,'"'',/ 4 / Accepted By: Cti... , todkvi, 0-7 Jacob Sw• ting, tiit s is ta nt Director of Engineering/City Engineer Dated: Approved as form: 1 , ' r 41111\ Steve Gross, ity Attorney This bond must be accompanied by a fully executed Power of Attorney appointing the Attorney-in-Fact before it becomes effective. Retainage Bond Page 3 of 3 ENG-050, Revised 9/18 State of UT County of Salt Lake } s`' On May 09, 2019 ,before me,a Notary Public in and for said County and State.residing therein,duly commissioned and sworn,personally appeared Tina Davis known to me to be Attorney-in-Fact of Fidelity and Deposit Company of Maryland the corporation described in and that executed the within and lbregoing instrument,and known to me to be the per:son who executed the said instrument in behalf of the said corporation,and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,th day and year stated in this certificate above. 411 My Commission Expires 3/13/2023 _Ak+ar=ir Lisa Hall Notary Public mx, lA ""�`" LISA HALL ''` of Notary Public State of Utah y 1 ;'My Commission Expires March 13,2023 Commission Number 704231 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY.a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois. and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President.in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute, and appoint Tina Davis,Lisa Hall,Lindsey Plattner and Linda Nipper,all of Salt Lake City,Utah,EACH,its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents.shall be as binding upon said Companies,as fully and amply. to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York.New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills,Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V.Section 8,of the By-Laws of said Companies.and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this Oh day of March,A.D.2019. yr" $ SEAL ?� •�jyt'i lose g„ IWNI • mitt ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President • By: Dawn E.Brawn Secretary State of Maryland County of Baltimore On this 6th day of March, A.D.2019. before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Darin E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument.and acknowledged the execution of same,and being by me duly sworn,deposed)and saith.that he/she is the said officer of the Company aforesaid.and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year fiat above written. �e`yytr\Y ,Pi ;\ �,••rytr,�\•.Y�`ti Constance A.Dunn,Notary Public -. • �,�tri "�, ` My Commission Expires:July 9,2019 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V.Section 8.Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies. recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto:and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I. the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate:and I do farther certify that Article V.Section 8.of the By- Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall he valid and binding upon the Company with the same force and effect • as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 9th day of May , 2019 . 0,2 ,rg (cr �I ."", By: Brian M.Hodges Vice President TO REPORT A.CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,LL 60196-1056 www.repoitsfclaims(a?.zurichna.com 800-626-4577 CITY OF AUBURN CONTRACT CHANGE ORDER AGREEMENT NO. 1 Contract No.: Contract 19-07 Project Name: CPI829 2019 Arterial Patch and Overlay Contractor: CPM Development corporation d/b/a ICON Materials 1508 Valentine Ave SE Pacific,WA 98047 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. ADD pay items C01-1,C01-2,C01-3,and C01-4 listed in the table below. These items shall conform to the existing Contract Specifications. The added work is to remove and repair the existing pavement at the western bridge abutment of the Lake Tapps Parkway Bridge,and install new curb and gutter. Contract Time shall be extended by 4 working days. 2. ADD a new taxable schedule to include the pay items C01-5,C01-6,C01-7,C01-8,C01-9,C01-10,C01-11,C01-12, C01-13,C01-14,CO1-15,and C01-16 listed in the table below. These items shall conform to the existing Contract Specifications. The added work is to remove and repair the pavement,curb and gutter,sidewalk and commercial driveway on Auburn Way South that was damaged in a water main break. Contract Time shall be extended by 4 working days. The Contract time is extended by 8 working days. Sec. Quantity Unit Price Total Price Item Sch. No Item Description (+/_) Units ($) (+i_) C01-1 A 2-02 Removal of Curb and butter-Lake Tapps 72 IF 68.00 $ 4,896.00 C01-2 A 5-04 HMA for Pavement Repair-Lake Tapps 95 Ton 152.00 $ 14,440.00 C01-3 A 5-04 Pavement Repair Excavation-Lake Tapps 655 SY 22.50 $ 14,737.50 C01-4 A 8-04 Cement Concrete Curb and Gutter-Lake Tapps 72 LS 44.00 $ 3,168.00 C01-5 B 1-10 Traffic Control Labor-AWS 60 HR 64.00 $ 3,840.00 C01-6 B 1-10 Sequential Arrow Sign-AWS 3 Day 17.50 $ 52.50 C01-7 B 1-10 Portable Changeable Message Sign-AWS 14 Day 100.00 $ 1,400.00 C01-8 B 2-02 Removal of Curb and Gutter-AWS 72 LF 36.00 $ 2,592.00 C01-9 B 5-04 HMA for Pavement Repair-AWS 85 Ton 125.00 $ 10,625.00 C01-10 B 5-04 Pavement Repair Excavation-AWS 180 SY 52.85 $ 9,513.00 C01-11 B 8-04 Cement Concrete Curb and Gutter-AWS 72 LF 44.00 $ 3,168.00 C01-12 B 8-04 Cement Concrete Sidewalk-AWS 100 SF 10.00 $ 1,000.00 C01-13 B 8-04 Cement Concrete Commercial Driveway-AWS 360 SF 14.00 $ 5,040.00 C01-14 B 8-04 Removal of Concrete Flatwork-AWS 55 SY 160.00 $ 8,800.00 C01-15 B 8-04 CSTC-AWS 20 Ton 85.00 $ 1,700.00 C01-16 B 8-04 Paint Line-AWS 164 LF 0.39 $ 63.96 Subtotal $ 85,035.96 Washington State Sales Tax(10%)on applicable items $ 4,779.45 TOTAL $ 89,815.41 Base Amount Total incl.Tax 1. Total Cost this C/O $ 85,035.96 $ 89,815.41 2. Total Cost Previous C/O $ - $ - 3. Original Contract Amount $ 838,078.30 $838,078.30 4. Revised Contract Amount $ 923,114.26 $927,893.71 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 and1delivered to the other party. Contractor:--P M.C. ` I A 111-3-ll � ,2 3' 1, t� Project Manager: Date City Engineer: Date Approved by: . _ • sig M. or, • 'U. r Date Approved as to form: A\\ t t '' City Attorney Date ENG-028,Revised 01/19 Page 1 of 1 CITY OF <., Ausu Nancy Backus, Mayor WASHINGTON 25 West Main Street * Auburn WA 98061-4998 4 www.auhurnwa.gnv 4 253-931.3000 April 9, 2020 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mark Eichleberger CPM Development Corporation DBA ICON Materials 1508 Valentine Avenue SE Pacific, WA 98047 RE: Contract No. 19-07 Project No. CP1829, 2019 Citywide Arterial Patch and Overlay Final Pay Estimate Letter Dear Eichleberger: Enclosed is your Final Payment in the amount of$4,015.20. The total contract amount for this project as shown on your Final Pay Estimate is $882,826.98. Please be aware that contract completion and final acceptance will not be granted prior to receipt of Affidavits of Wages Paid for your firm and all Subcontractors, and that incorrect information supplied to L & I may delay clearance of your bond until payment of industrial insurance by all Subcontractors is verified. If you have any questions, please contact Jenny Sebero, Contract Administration Specialist, at 253-931-3012. This notification does not constitute contract completion/final acceptance. Sincerely, jcarter 04/09/2020 Jai Carter, P.E. Project Engineer Public Works Department JC/js/as Enclosure - check mailed by Finance cc: Shawn Campbell, City Clerk Josh Linkem, Project Inspector File 13.11 (CP1829) Electronic Distribution Only ENG-142-ELH,Revised 02/19 AUBURN * MORE THAN YOU IMAGINED 3 • • 1111 f CITY OF AUBURN WASHINGTON aI 25 W MAIN ST,AUBURN WA 98001-4998 9489 0090 0027 6064 01,58 64 Mark Eichleberger CPM Development Corporation DBA ICON Materials 1508 Valentine Avenue SE Pacific,WA 98047 1111111111111llfll'1II111i11I'I111II11111111ll1I1I111I1111IIIIIl1