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Contract No. 19-23 Auburn Way South and 12th ST SE Signal Pole Replacement
y CITY OF ofA, uB i Nancy Backus,Mayor WASHINGTON 25 West Main Street * Auburn WA 98001-4998 *www.auburnwa.gov * 253-931-3000 September 13, 2019 CERTIFIED MAIL RETURN RECEIPT REQUESTED Rayissa Homa Titan Earthwork, LLC 1585 Valentine Ave SE Pacific, WA 98047 NOTICE TO PROCEED RE: Auburn Way South & 12th St SE Signal Pole Replacement, Contract#19-23 You are hereby notified to proceed as of September 12, 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. This project has 10 working days for completion. If you have any questions, please contact me at 253-804-5068 or the Contract Administration Supervisor at 253-876-1980. Sincerely, Scott Nutter Traffic Operations Engineer Public Works Department SN/ad/as Enclosure cc: Shawn Campbell, City Clerk Jacob Sweeting Assistant Director of Engineering/City Engineer Contract File 19-23 9j{S ENG-017, Revised 12/18 1 AU BURN * MORE THAN YOU IMAGINED NON-FORMALLY BID PUBLIC WORKS CONTRACT NO. 19-23 Auburn Way South& 12th Street SE Signal Pole Replacement THIS CONTRACT is entered into between the City of Auburn, a Washington Municipal Corporation("City"),and Titan Earthwork,LLC("Contractor"),whose mailing address is 1585 Valentine Avenue SE,Pacific,WA 98047. RECITALS: 1. The City is in need of construction contracting services to complete the public work as described in this Contract. 2. Contractor is qualified to perform the construction contracting services described in the Scope of Work. 3.The City wishes to engage Contractor for the performances of these construction contracting services. 4. This contract was not formally bid because(check one) ' ❑ LIMITED PUBLIC WORKS CONTRACT: Engineer's Estimate<$50,000.00 and this contract was awarded using the Limited Public Works process as described in RCW 39.04.155. ® SMALL PUBLIC WORKS CONTRACT(SINGLE TRADE WORK): Engineer's Estimate<$75,500.00 ❑ SMALL PUBLIC WORKS CONTRACT(MULTIPLE TRADE WORK): Engineer's Estimate<_$116,155.00 ❑ EMERGENCY PUBLIC WORKS CONTRACT: Per RCW 39.04.280,this work is exempt from competitive bidding requirements because the work is considered an emergency,meaning unforeseen circumstances beyond the control of the City either: (a)Present a real,immediate threat to the proper performance of essential functions; or(b)will likely result in material loss or damage to property,bodily injury, or loss of life if immediate action is not taken. ❑ COOPERATIVE PURCHASING AGREEMENT: This contract is being let under(cooperative contract No. X)between(agency)and(contractor)in accordance with RCW 39.34(Interlocal Cooperation Act). n Other ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 19-23 August 16,2019 Page 1 of 14 AGREEMENT 1) CONTRACTOR SERVICES The Contractor shall do all work and furnish all tools,materials and equipment for the completion of contract 19-23 in accordance with this Contract form. Scope of work is as follows: Remove damaged signal pole on the SE corner and replace with a new type III WSDOT signal pole.The signal pole shall include an internal pole terminal can and a 25' mast arm with three tenons per COA standards.The contractor is responsible for verifying and matching the existing bolt pattern.The signal pole is to include a new COA Leotek LED, two 3 section signal heads with back plates,two pedestrian signal heads and two Opticom 721 detectors per COA standards.Relocate the two existing pedestrian pushbuttons and the two existing signs on the mast arm. Contractor is responsible for all traffic control and officer flagging for signal shutdown. The allowed work hours for traffic control, lane restrictions and signal shut down are Monday through Thursday 9 am to 2:00 pm. The complete Contract includes the following parts,which are by this reference incorporated herein and made a part hereof. Any inconsistency in the parts of the Contract shall be resolved by the order in which they are listed: A. Non-Formally Bid Public Works Contract(this form) B. Construction Work Quote Form C. Signal#92 WSDOT Plans D. City of Auburn Construction Standards E. City of Auburn Design Standards F. Divisions 2—9 of WSDOT/APWA Standard Specifications for Road, Bridge and Municipal Construction as modified by the City of Auburn Construction Standards and any special provisions included in the Contract G. Portions of Division 1 of WSDOT/APWA Standard Specifications for Road,Bridge and Municipal Construction as specifically referenced by the City of Auburn Construction Standards and the Contract. H. Washington State Department of Labor&Industries Prevailing Wage Rates and Benefit Key Code effective the date the Contractor submitted the Construction Work Quote Form. ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 19-23 August 16,2019 Page 2 of 14 I. On the Contract plans, working drawings, and standard plans,figured dimensions shall take precedence over scaled dimensions. J. In case of any ambiguity or dispute over interpreting the Contract,the City Engineer's decision will be final. 2) CITY OF AUBURN BUSINESS LICENSE The Contractor, subcontractors,and lower tier subcontractors, shall have an active City of Auburn business license. 3) NOTICE TO PROCEED A Notice to Proceed will be issued once the Contract has been fully executed by the Contractor and City,and all insurance and licensing requirements as set forth in the contract have been met.The Notice to Proceed Date shall be either the date the Contractor commenced contract work or the date the contract has been fully executed by the Contractor and City and all insurance and licensing requirements as set forth in the contract have been met,whichever occurs first. 4) TIME OF COMPLETION The Contractor shall complete the work within 10 working days from the Notice to Proceed Date. 5) LIQUIDATED DAMAGES (CHECK ONE) ® Liquidated damages shall not apply to this contract. ❑ Liquidated damages shall apply to this contract as follows: If said work is not completed within the time specified, the Contractor agrees to pay liquidated damages to the City as follows: A. To pay(according to the following formula)liquidated damages for each working day beyond the number of working days established for physical completion, and B. To authorize the Engineer to deduct these liquidated damages from any money due or coming due to the Contractor. C. Liquidated damages will not be assessed for any days for which an extension of time is granted. No deduction or payment of liquidated damages will, in any degree, release the Contractor from further obligations and liabilities to complete the entire Contract. Formula: Contract Price(without tax)x 0.15,divided by the original number of working days for completion. ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.19-23 August 16,2019 Page 3 of 14 6) HOURS OF WORK Allowed hours of work are as a specified in the City of Auburn Construction Standards,Part 1, Section 1-08.0(2)(Hours of Work),which by reference is incorporated is a part of this contract. 7) COMPENSATION The Contractor shall do all work and furnish all tools,materials,and equipment for the work and services contemplated in this Contract for compensation as follows: (Check One) ® Lump Sum Amount ❑ Unit Bid Prices as listed in the Construction Work Quote Form ❑ Not to Exceed Amount,paid per the Force Account method as described in Section 1- 09.6 of the current WSDOT Standard Specifications for Road,Bridge and Municipal Construction The Lump Sum Amount as specified above is fifty thousand, nine hundred and sixty two dollars ($50,962.00.)Washington State Sales Tax is not applicable. This project is subject to use tax,which shall be included lump sum,unit bid, or time and material compensation amount listed herein. The City's sales tax area is 1702 for work within King County and 2724 for work within Pierce County. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form, for the Contractor and each and every Subcontractor, has been approved by the State Department of Labor&Industries, and is received by the City. A. Performance Bond The Contractor shall furnish the City with an executed performance bond for the full Contract amount,unless the contact amount is$150,000.00 or less and the Contractor has elected to have 10%retainage held by the City, in which case a performance bond is not required for this project. B. Retainage (check one) O This is a Limited Public Works Contract AND the City has waived retainage requirements. ® This contract is$150,000.00 or less,therefore,the following applies: The Contractor may elect to furnish a performance bond, in which case the City shall hold back retainage in the amount of 5%of any and all payments made to the Contractor, OR have the City retain,in lieu of the performance bond, 10%of the total Contract amount,pursuant to RCW 39.08.010. The Contractor shall execute a "Declaration of Option for Performance Bond or Additional Retainage"to indicate ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.19-23 August 16,2019 Page 4 of 14 - I his/her option. In either case,the Contractor can choose to have the retainage held by the City in a non-interest bearing account,have it placed in an Escrow (interest bearing)Account, or submit a bond in lieu of retainage. Said retainage shall be held by the City for a period of 30 days after the Completion Date,or until receipt of all necessary releases from the State Department of Revenue and State Employment Security Department,including Affidavits of Wages paid for the Contractor and each and every subcontractor, and until settlement of any liens filed under Chapter 60.28 RCW,whichever is later. ❑ This contract is over, $150,000.00,therefore,the following applies: The City shall hold back retainage in the amount of 5%of any and all payments made to the Contractor pursuant to RCW 39.08.010. The Contractor can choose to have the retainage held by the City in a non-interest bearing account,have it placed in an Escrow (interest bearing)Account, or submit a bond in lieu of retainage. Said retainage shall be held by the City for a period of 30 days after the Completion Date, or until receipt of all necessary releases from the State Department of Revenue and State Employment Security Department, including Affidavits of Wages paid for the Contractor and each and every subcontractor,and until settlement of any liens filed under Chapter 60.28 RCW,whichever is later. C. Defective or Unauthorized Work The City reserves its right to withhold payment from the Contractor for any defective or unauthorized work. Defective or unauthorized work includes,without limitation: work and materials that do not conform to the requirements of this Contract; and extra work and materials furnished without the City's written approval. If the Contractor is unable, for any reason,to satisfactorily complete any portion of the work,the City may complete the work by contract or otherwise,and the Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work,including any additional costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims The submittal of the Final Invoice by the Contractor shall constitute a waiver of claims, except those previously and properly made and identified by the Contractor as unsettled at the time Final Invoice is submitted by the Contractor. ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.19-23 August 16,2019 Page 5 of 14 8) INDEPENDENT CONTRACTOR The parties intend that an Independent Contractor-Employer Relationship will be created by this Contract,the City being interested only in the results obtained under this Contract. 9) SUBCONTRACTING Work done by the Contractor's own organization shall account for at least 30 percent of the awarded Contract price. Before computing this percentage however,the Contractor may subtract (from the awarded Contract price)the costs of any subcontracted work on items the Contract designates as specialty items. The Contractor shall not subcontract work unless the City approves in writing. Each request to subcontract shall be on the form the City provides. If the City requests,the Contractor shall provide proof that the subcontractor has the experience,ability, and equipment the work requires. The Contractor shall require each subcontractor to comply with RCW 39.12 (Prevailing Wages on Public Works)and to furnish all certificates and statements required by the Contract. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form, for the Contractor and each and every subcontractor,has been approved by the State Department of Labor&Industries, and is received by the City. Along with the request to sublet,the Contractor shall submit the names of any contracting firms the subcontractor proposes to use as lower tier subcontractors. Collectively,these lower tier subcontractors shall not do work that exceeds 25 percent of the total amount subcontracted to a subcontractor. When a subcontractor is responsible for construction of a specific structure or structures,the following work may be performed by lower tier subcontractors without being subject to the 25 percent limitation: A. Furnishing and driving of piling, or B. Furnishing and installing concrete reinforcing and post-tensioning steel. Except for the 25 percent limit,lower tier subcontractors shall meet the same requirements as subcontractors. The City will approve the request only if satisfied with the proposed subcontractor's record, equipment,experience and ability. Approval to subcontract shall not: 1. Relieve the Contractor of any responsibility to carry out the Contract. ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 19-23 August 16,2019 Page 6 of 14 2. Relieve the Contractor of any obligations or liability under the Contract and the Contractor's bond. 3. Create any contract between the City and the subcontractor, or 4. Convey to the subcontractor any rights against the City. The City will not consider as subcontracting: (1)purchase of sand,gravel, crushed stone, crushed slag,batched concrete aggregates,ready mix concrete,off-site fabricated structural steel,other off- site fabricated items, and any other materials supplied by established and recognized commercial plants; or(2)delivery of these materials to the work site in vehicles owned or operated by such plants or by recognized independent or commercial hauling companies. However,the Washington State Department of Labor and Industries may determine that RCW 39.12 applies to the employees of such firms identified in A and B above in accordance with WAC 296-127. If dissatisfied with any part of the subcontracted work,the City may request in writing that the subcontractor be removed. The Contractor shall comply with this request at once and shall not employ the subcontractor for any further work under the Contract. This section does not create a contractual relationship between the City and any subcontractor. Also,it is not intended to bestow upon any subcontractor,the status of a third-party beneficiary to the Contract between the City and the Contractor. 10) TERMINATION The City may terminate this Contract for good cause. "Good cause" shall include,without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly-skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Contract. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws,rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. After all the work contemplated by the Contract has been completed either by the Surety or the City, the City will calculate the total expenses and damages for the completed work. If the total expenses and damages are less than any unpaid balance due the Contractor,the excess will be paid by the City to the Contractor. If the total expenses and damages exceed the unpaid balance,the ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.19-23 August 16,2019 Page 7 of 14 Contractor and the Surety shall be jointly and severally liable to, and shall pay the difference to,the City on demand. 11) PREVAILING WAGES Contractor shall file a"Statement of Intent to Pay Prevailing Wages" with the State of Washington Department of Labor&Industries prior to commencing the Contract work. The Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington,as well as any other applicable prevailing wage rate provisions. The prevailing wage rate revision in effect on the date the Contractor submitted the Construction Work Quote Form is attached and by this reference incorporated herein and made a part hereof. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form, for the Contractor and each and every subcontractor,has been approved by the State Department of Labor&Industries,and is received by the City. Retainage,if applicable, shall not be released until an Affidavit of Wages Paid form for the Contractor and each and every subcontractor,has been approved by the State Department of Labor &Industries,and is received by the City. 12) CHANGES The City may issue a written change order for any change in the Contract work during the performance of this Contract. If the Contractor determines, for any reason,that a change order is necessary,the Contractor must submit a written change order request to an authorized agent of the City within 10 calendar days of the date the facts and events giving rise to the requested change occurred. If the City determines that the change increases or decreases the Contractor's costs or time for performance,the City will make an equitable adjustment. The City will attempt, in good faith,to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree,the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City. If the Contractor fails to request a change order within the time allowed,the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the Contract work. If the Contractor disagrees with the equitable adjustment,the Contractor must complete the change order work; however,the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor If the Contractor disagrees with anything required by a change order,another written order, or an oral order from the City,including any direction, instruction,interpretation, or determination by the City,the Contractor shall: ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.19-23 August 16,2019 Page 8 of 14 1. Within 2 days of receiving a written change order or oral order that the Contractor desires to protest, the Contactor shall give a signed written notice of protest to the City; and 2. Supplement the written protest within 14 calendar days with a written statement that provides the following information: a. The date of the Contractor's protest. b. The nature and circumstances that caused the protest. c. The provisions in this Contract that support the protest. d. The estimated dollar cost,if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor's records needed for evaluating the protest. 3. The City will evaluate all protests,provided the procedures in this section are followed. If the City determines that a protest is valid,the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made foran invalid protest. B. Contractor's Duty to Complete Protested Work In spite of any protest,the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor's Acceptance of Changes The Contractor accepts all requirements of a change order by: (1)endorsing it, (2) writing a separate acceptance, or(3)not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section shall constitute full payment and final settlement of all claims for Contract time and for direct, indirect and consequential costs,including costs of delays related to any work,either covered or affected by the change. D. Failure to Protest Constitutes Waiver By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order(including directions, instructions, interpretations, and determination). F. Failure to Follow Procedures Constitutes Waiver ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 19-23 August 16,2019 Page 9 of 14 By failing to follow the procedures of this section,the Contractor completely waives any claims for protested work and accepts from the City any written or oral order(including directions, instructions,interpretations, and determination). 13) CLAIMS The Contractor waives right to a claim if they have not followed the protest procedures outlined in this Contract. If resolution of a protest cannot be reached, and the Contractor wishes to pursue a claim,the Contractor shall give written notice of claim to the City within 15 calendar days of the City's notice of its final decision on the Contractor's protest. Any claim for damages, additional payment for any reason, or extension of time, whether under this Contract or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Contract.At a minimum,a Contractor's written claim must include the information set forth regarding protests in this Contract. Failure to provide a complete,written notification of claim within the time allowed shall be an absolute waiver of any claims arising in any way from the facts or events surrounding that claim or caused by that delay. The Contractor must, in any event, file any claim or bring any suit arising from or connected with this Contract prior to signing the Final Payment Form. 14) WARRANTY (CHECK ONE) ❑ No warranty applies to the Contract Work. ® Warranty applies to the Contract Work as follows: All defects in workmanship and materials that occur within one year of the Contract Completion date shall be corrected by the Contractor. When defects are corrected,the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within 7 calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time,the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.19-23 August 16,2019 Page 10 of 14 15) INDEMNIFICATION Contractor shall defend, indemnify and hold the City, its officers,officials,employees, agents and volunteers harmless from any and all claims, injuries,damages, losses or suits,including all legal costs and attorney fees, arising out of or in connection with the performance of this Contract,except for injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then,in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers,officials, employees,agents and volunteers,the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that this indemnification constitutes the Contractor's waiver of immunity under Industrial Insurance,Title 51 RCW, solely for the purposes of this indemnification. The parties acknowledge that they have mutually negotiated this waiver. The provisions of this section shall survive the expiration or termination of this Contract. 16) INSURANCE Insurance requirements shall be as specified in the City of Auburn Construction Standards,Part 1, Section 1-07.18 (Insurance)which by reference is incorporated is a part of this contract. 17) CORRESPONDENCE (CHECK ONE) ❑ Submittals and formal Requests for Information(RFI)shall not be required for this contract. Submittals and Requests for Information(RFI)shall be as follows: A. Requests for Information (RFI's). RFI's shall be made electronically and shall be transmitted via e-mail to the Traffic Operations Engineer, Scott Nutter at snutter@auburnwa.gov. The e-mail subject line of electronic RFI's shall include the following: Contract Number and Project Name/Number as applicable — RFI Title/Subject. Each e-mail shall be limited to 7 MB's in size. The time required to evaluate and review RFI's is not the same for all RFI's. The Contractor shall allow a minimum of 10 calendar days,unless otherwise noted, for the Engineer to respond. ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.19-23 August 16,2019 Page 11 of 14 B. Submittals. All submittals shall be made electronically and shall be transmitted via e- mail to Traffic Operations Engineer, Scott Nutter at snutter@auburnwa.gov. The e-mail subject line of electronic submittals shall include the following: <<<Project Number>>>, <<<Project Name>>> - "Submittal Title". Each electronic email shall be limited to 7 MB's in size. All electronic submittals shall be clear, sharp high contrast electronic files in Word 2007,Excel 2007 or PDF formats. 18) MISCELLANEOUS A. Nondiscrimination. In the hiring of employees for the performance of work under this Contract,the Contractor,its subcontractors,or any person acting on behalf of Contractor shall not,by reason of race,religion, color, sex, sexual orientation,national origin,or the presence of any sensory,mental,or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. B. Compliance with Laws. The Contractor shall comply with all federal, state and local laws,rules and regulations throughout every aspect in the performance of this Contract. C. Qualifications of Bidder. Before award of a public works contract,a bidder must meet at least the minimum qualifications of RCW 39.04.350(1)to be considered a responsible bidder and qualified to be awarded a public works project. D. Work Performed at Contractor's Risk. The Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents,and subcontractors in the performance of this Contract. All work shall be done at the Contractor's own risk,and the Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein,or to exercise any option herein conferred in one or more instances, shall not be construed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect. F. Governing Law. This Contract shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and the Contractor under any of the provisions of this Contract,resolution of that dispute shall be available only through the jurisdiction,venue and rules of the King County Superior Court,King County,Washington. G. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties'performance of this Contract, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.19-23 August 16,2019 Page 12 of 14 defending or bringing such claim or lawsuit;however,nothing in this subsection shall limit the City's right to indemnification under Section 10 of this Contract. H. Written Notice. All communications regarding this Contract shall be sent to the parties at the addresses listed on the signature page of this Contract, unless otherwise notified. Any • written notice shall become effective upon delivery,but in any event 3 calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Contract. I. Assignment. Any assignment of this Contract by the Contractor without the written consent of the City shall be void. J. Modification. No waiver,alteration, or modification of any of the provisions of this Contract shall be binding unless in writing and signed by a duly authorized representative of the City and the Contractor. K. Severability. If any one or more sections,sub-sections, or sentences of this Contract are held to be unconstitutional or invalid,that decision shall not affect the validity of the remaining portion of this Contract and the remainder shall remain in full force and effect. L. Entire Contract. The written provisions and terms of this Contract, together with any referenced documents and attached Exhibits,supersede all prior verbal statements by any representative of the City,and those statements shall not be construed as forming a part of or altering in any manner this Contract. This Contract,referenced documents, and any attached Exhibits contain the entire Contract between the parties. Should any language in any referenced documents or Exhibits to this Contract conflict with any language contained in this Contract,the terms of this Contract shall prevail. ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 19-23 August 16,2019 Page 13 of 14 1 i IN WITNESS WHEREOF, the parties below have executed this Contract. TITAN EARTHWORK, LLC THE CITY OF AUBURN C . (-) (Signature) ( ature) By .3 ws b 0 Cit kc.,.-1 By Nancy Backus (Print name here)6., Its ivy_@"'r)-( 11/16-v1 Lrr. Its Mayor (Authorized representative)` J DATE: t I2Mt E DATE: Ck ° ° t , Contractor's State License No. TITANEL842JH State Tax Registration(UBI)No. 602-605-763 Federal Tax ID# 52-7326734 APPROVED AS TO FORM: A ... Steve Gros , ''tty ttorney Notices to be sent to: Notices to be sent to: TITAN EARTHWORK,LLC CITY OF AUBURN Attn: Rayissa Homa Attn: Scott Nutter 1585 Valentine Ave SE 25 West Main Street Pacific, WA 98047 Auburn, WA 98001 Phone: 253.736.3526 Phone: 253.804.5086 E-mail`.rayissa.homa@titaneartli.com E-mail: snutter@aubumwa.gov aubumwa.gov ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 19-23 August 16,2019 Page 14 of 14 EX_CT'SERVICE a 29.' , t` CABWET Q2a , / % :;? WIRING SCHEDULE EC CITY SERVICE (12TH ST,SE) J O 'V .t I ( Q 1` 1 P 7 EV. VETO P® SIGNAL 1 I bb 2 (1 i CONDIM 1 DETECTii DETECT(HEAD NEAO R.LUf[ GBii1�T t2 �Q Y{� �! © ya '.1 � T`, No! sLZE 1 2tXs3 13cLs3 ! 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SHEET PiMc4T, i 1 1 1 i i 1 CONTRACT BOND CONTRACT NO. 19-23 BOND NO. 0226392 BOND TO CITY OF AUBURN, WASHINGTON KNOW ALL MEN BY THESE PRESENTS: That we,the undersigned, Titan Earthwork, LLC, 1585 Valentine Avenue SE, Pacific, WA, 98047, as principal, and Berkley Insurance Company,412 Mount Kemble Avenue,Morristown,NJ 07960, a corporation, organized and existing under the laws of the State of Delaware 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 Fifty Thousand;Nine Hundred Sixty-Two and 00/100($50,962.00) 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 day of ,2019. Nevertheless,the conditions of the above obligation are such that: WHEREAS, the City of Auburn on the 16th day of August, 2019, let to the above bounden principal a certain Contract. The said. Contract being numbered xx-xx, and providing for the construction of Contract No. 19-23, Auburn Way. South & 12th St SE Signal Pole Replacement (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 ENG-055, Revised 11/17 tc,A. 1 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 originalamount 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 dollars ($2,000), whichever is greater, to warranty against defects appearing or developing in the material or workmanship provided or performed under this Contract within a period of one (1) year after acceptance. Not withstanding the reduction of this bond, the principal and surety shall hold the City of Auburn harmless from all defects appearing or developing in the material or workmanship provided or performed under this Contract within a period of one (1)year after acceptance, THEN and in that event this obligation shall } be void; but otherwise it shall be and remain in full force and effect. It is hereby expressly agreed that if any legal action is necessary to be brought under the conditions of this bond,that the decisions of the Courts of the State of Washington shall be binding. IN WITNESS WHEREOF,the above-bounden parties have executed this instrument this 28th day of August , 20 19 •X` _ 1 Titan Earthwork, LLC �,"�� i�l`�92�d - Surety Berk�nce Company By j ey in Fact Christopher Kinyon Propel Insurance PO Box 2940 Tacoma,WA 98401 (253)759-2200 Resident Agent's Address&Phone Number ENG-055,Revised 11/17 - l-- No.BI-1220k • POWER OF ATTORNEY BERKLEY INSURANCE COMPANY • WILMINGTON,DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich, CT,has made, constituted y and appointed, and does by these presents make, constitute and appoint: Karen C. Swanson; Brent E. Heilesen; Christopher Kinyon; Jamie L. Marques; Carley Espiritu; Annelies M. Richie; Kyle Joseph Howat; Heather L. Allen; or Holli Albers of Propel Insurance of Tacoma, WA its true and lawful Attorney-in-Fact,to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, N v providing that no single obligation shall exceed Fifty Million and 00/100 U.S.Dollars(U.S.$50,000,000.00),to the same extent as A if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, vwithout giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following " resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: o RESOLVED,that,with respect to the Surety business written by Berkley Surety,the Chairman of the Board, Chief Executive S : Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are o - hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute 0 bonds,undertakings,recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal o • of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and 0..9. revoke any power of attorney previously granted; and further `� 3 RESOLVED,that such power of attorney limits the acts of those named therein to the bonds,undertakings,recognizances,or H L other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated;and further 9 -0 RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and 2 on further .E RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking,recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any o Q- person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have 0 •E ceased to be such at the time when such instruments shall be issued. o oIN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its x corporate seal hereunto affixed this day of Fe - , aol`1 1 Attest: / Berkle Insurance Company (Seal) 13y • f By Ira Lede an Jef e fter Executive Vice President&Secretary en o i •esident U o o WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE"BERICLEY"SECURITY PAPER. •N STATE OF CONNECTICUT) " o ) ss: o COUNTY OF FAIRFIELD ) o Sworn to before me, a Notary Public in the State of Connecticut, 'this`6""day of Feljruc.c- (Ron, by Ira S. Lederman c 17 and Jeffrey M. Halter who are sworn to me to be the Executive Vice Pre 'de t and Secretary, the Senior Vice President, 7,-;T respectively,of Berkley Insurance Compart 1ARIA C.RUNDBAKEN / NOTARY PUBLIC D/��C �• � MY COMMISSION EXPIRES otai Public,State of Connecticut APRIL 30,2019 y z CERTIFICA'T'E z C I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct 2 0 and complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein,who executed the bond or undertaking to which this Power of ' 'mey is attached,is in full force and effect as of this date. Given under my hand and seal of the Company,this ZP'/ day of •s • erAt ll (Seal) / 11/ r A i Vincent P.For Please verify the authenticity of the instrument attached to this Power by: Toll-Free Telephone: (800) 456-5486; or Electronic Mail: BSGlnquiry@berkleysurety.com Any written notices, inquiries, claims or demands to the Surety on the bond attached to this Power should be directed to: Berkley Surety 412 Mount Kemble Ave. Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or Email: BSGClaim@berkleysurety.com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please also identify the project to which the bond pertains. Berkley Surety is a member company of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company, Berkley Regional Insurance Company and Carolina Casualty Insurance Company. Page 1 of 2 Consumer tools Agent and Company Lookup Orders Independent Review Decisions BERKLEY INSURANCE COMPANY Change History I Licensing. I Appointments I Complaints I Orders National InFo I Ratings I Tax Filings Back to Search General information Contact information Name: BERKLEY INSURANCE COMPANY Registered address Mailing address Corporate family group: WR BERKLEY CORP 1209 ORANGE ST 475 STEAMBOAT ROAD 1ST GRP O WILMINGTON, DE 19801 FLR Organization type: PROPERTY GREENWICH, CT 06830 Doing Business As (DBA): Unavailable Telephone 800-866-2308 Telephone WAOIC: 1224 800-866-2308 NAIC: 32603 Status: ACTIVE Admitted date: 06/17/1982 Ownership type: STOCK Tbacktotop .................. Company change history o. View changes ea..6..0.59.a Types of coverage authorized to sell o Insurance types Casualty_ Disability Marine Ocean Marine Property Surety Vehicle T back to top Agents and agencies that represent this company (Appointments) o View agents) View agencies T back to top Company complaint history o View complaints . . ` Page 2 of 2 rue�ss Orders issued since 2010 0 [Viewnr:em\ °^3co to top Premium tax filings by tax year 0 5 2014 2018 I017 2016 2015 �e National information on insurance companies Want more information about this company? ) page allows you to retrieve --- �����av|es plus has |nformaUunand npsmhelp you national financial and comp|a|nL|n[ormaUonon Insurancecompanies, understand current insurance Issues. 0 Sack 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. oesL Weiss Group Ratings _Standard and,Poor's_corp___ Moodysinxestors S,ervice Dlsctalmer;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"uliability for any external linked sites ortheir content. ~^aware'—_not all processes. '*eu�an Dh: nxY\Y/\OlC=l224 9/3/2019 Page 1 of 7 113 Shares Berkley Insurance Company (a member of W. R. Berkley Insurance Group) AM Best#:003630 NAIC#: 32603 FEIN#: 47-0574325 Address: 475 Steamboat Road Greenwich, CT 06830 UNITED STATES Phone: 203-542-3800 Fax: 203-542-3839 Web: www.wrberkley.com FollowI1 Print this page ' Best's Credit Ratings Financial Strength Rating View Definition Rating: A+ (Superior) Financial Size Category: XV($2 Billion or greater) Outlook: Stable Action: Affirmed • • Effective Date: May 10, 2019 • Initial Rating Date: June 30, 1976 Long-Term Issuer Credit Rating View Definition Long-Term: aa- Outlook: Stable Action: Affirmed Effective Date: May 10, 2019 Initial Rating Date: June 22, 2005 u Denotes Under Review Best's Rating Page 2 of 7 Licensing: Licensed Territory: (Current since 11/02/2018),The company is licensed in the District of Columbia, Guam, Puerto Rico, U.S. Virgin Islands and all states. It is also licensed in Canada in the provinces of Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Nova Scotia, Ontario, Prince Edward Island, Quebec and in the Northwest Territories, Nunavut and Yukon. • • • nmhest r.nm/ComnanvProfile.asux?BL=36&ambnum=003630&PPP= 9/3/2019 { BOND IN LIEU OF RETAINAGE (Retainage Bond -RCW 60.28) Bond No. 0224278 KNOW ALL PERSONS BY THESE PRESENTS, THAT Titan Earthwork, LLC, 1585 Valentine Avenue SE, Pacific, WA, 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 Berkley Insurance Company 412 Mount Kemble Avenue, Morristown, NJ 07960 a corporation organized under the laws of the State of Delaware 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 day of , 2019, the Principal executed Contract No. 19-23 with the CITY for Auburn Way South & 12th St SE Signal Pole Replacement; 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 surety 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. RCW 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 RCW 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 28th day of August , 2019 PRINCIPAL: Titan Earthwork, LLC 1585 Valentine Ave SE Pacific, WA 98047 By: ' (Signature of Authorized Representative) r Print/Type Name Retainage Bond Page 2of3 ENG-050, Revised 9/18 'LAO, SURETY: Berkley Insurance Company 412 Mount Kemble Avenue orristov(n, N 07960 (Signature of ttor y in-Fact for Surety*) Christopher Kinyon (Typed Name of Attorney-in-Fact) Dated August 28, 2019 Local Agent Name, Phone, & Address Propel Insurance PO Box 2940 Tacoma, WA 98401 (235)759-2200 CITY OF AUBURN: Accepted By: c ab ,,, Jacob Sweeting,Assistant/Director of Engineering/City Engineer Dated: ihji�? r Y Approved as to form: 11‘ } Steve Gross, Ci o7rTe *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 No.B1-1220k POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich, CT,has made, constituted and appointed, and does by these presents make, constitute and appoint: Karen C. Swanson; Brent E. Heilesen; Christopher .E Kinyon; Jamie L. Marques; Carley Espiritu; Annelies M. Richie; Kyle Joseph Howat; Heather L. Allen; or Holli Albers of Propel Insurance of Tacoma, WA its•true and lawful Attorney-in-Fact,to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S.Dollars(U.S.$50,000,000.00),to the same extent as - if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following '� resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: E c RESOLVED,that,with respect to the Surety business written by Berkley Surety,the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are •• f. hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds,undertakings,recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal o c of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and n• revoke any power of attorney previously granted;and further RESOLVED,that such power of attorney limits the acts of those named therein to the bonds,undertakings,recognizances,or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner v > and to the extent therein stated;and further 16 . RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and vto further °•• RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company;and such signature and seal when so used shall have the same force and effect as 9 •° though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any E person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have N '" ceased to be such at the time when such instruments shall be issued. 0 2 IN WITNESS WHEREOF, the Comply has caused these presents to be signed and attested by its appropriate officers and its Y corporate seal hereunto affixed this day of -- �,.� , aoi`1 2 Attest: Derkle Insurance Coinpan (Seal) By By ..a.r►il IBA 0 o Ira . Lede an Jef 'e Ifter • o Executive Vice President&Secretary en o 'i'- .•esident E WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER. n. vi STATE OF CONNECTICUT) o ) ss: .o $ COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this day of FebrLAac- &on, by Ira S. Lederman E and Jeffrey M. J-laftcr who are sworn to me to be the Executive Vice Pre;'de t and Secretary, n• the Senior Vice President, c N respectively,of Berkley Insurance CompartglARIA C. RUNDBAI<EN ! t c NOTARY PUBLIC �� I o MY COMMISSION EXPIRES otary Public,State of Connecticut C7 ,74 APRIL 30,2019 Z CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY;DO HEREBY CERTIFY that the foregoing is a true, correct 0 and complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked or rescinded and that the authority of the L Attorney-in-Fact set forth therein,who executed the bond or undertaking to which this Power of • •o mey is attached,is in full force and effect as of this date. 1� �\ Given under my hand and seal of the Company,this 2 g/, day of Lt-Agar • / �;' �1 - . (Seal) Wei t`-� Vincent P.Foie Please verify the authenticity of the instrument attached to this Power by: Toll-Free Telephone: (800) 456-5486; or Electronic Mail: BSGInquiry@berkleysurety.com Any written notices, inquiries, claims or demands to the Surety on the bond attached to this Power should be directed to: Berkley Surety 412 Mount Kemble Ave. Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or Email: BSGClaim@berkleysurety.com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please also identify the project to which the bond pertains. Berkley Surety is a member company of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company, Berkley Regional Insurance Company and Carolina Casualty Insurance Company. Page 1 of 2 Consumer tools Agent and Company Lookup Orders Independent Review Decisions BERKLEY INSURANCE COMPANY Change History J Licensing. I Appointments I Complaints I Orders I National Info I Ratings I Tax Filings Back to Search General information Contact information Name: BERKLEY INSURANCE COMPANY Registered address Mailing address Corporate family group: WR BERKLEY CORP 1209 ORANGE ST 475 STEAMBOAT ROAD 1ST GRP O WILMINGTON, DE 19801 FLR Organization type: PROPERTY GREENWICH, CT 06830 Doing Business As (DBA): Unavailable Telephone 800-866-2308 Telephone WAOIC: 1224 800-866-2308 NAIC: 32603 Status: ACTIVE Admitted date: 06/17/1982 Ownership type: STOCK T back to,top Company change history ® View changes] bs.c.Sp..tsp Types of coverage authorized to sell o. Insurance types Casualty Disability Marine Ocean Marine Property Surety Vehicle is back to top Agents and agencies that represent this company (Appointments) o View agents rview agencies is back to top Company complaint history o View complaints hitnc•//fnrtrace ura rrnI7lnin/onnciii-r artnnllriA C T( -1' 'lA nIn i'n+n Page 2 of 2 i back to ..... .............top Orders issued since 2010 o. View orders back to top Premium tax filings by tax year o 2018 2017 2016 2015 2014 .................. National information on insurance companies Want more Information about this company? The NAIC's Consumer Information (CIS)..,page allows you to retrieve national financial and complaint Information on Insurance companies, plus has Information and tips to help you understand current insurance issues. back to top .................. Ratings by financial organizations The following organizations rate insurance companies on their financial strength and stability. Some of these companies charge for their services. A.M. Best Weiss Group Ratings Standard and Poor's Cor. Mood 's Investors Service Fitch IBCA, Duffand yhe.lpsRatin 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. ,flack.te.top https://fortress.wa.gov/oie/eonsumertoolkit/Company/CompanyProfile.aspx?WAOIC=1224 9/3/2019 Page 1 of 7 . . . . 113 Shares • Berkley Insurance Company (a member of W. R. Berkley Insurance Group) AM Best#: 003630 NAIC#: 32603 FEIN#:47-0574325 Address: 475 Steamboat Road • Greenwich, CT 06830 UNITED STATES Phone: 203-542-3800 fax: 203-542-3839 Web: www.wrberkley.com Follow 41 Print this page Best's Credit Ratings Financial Strength Rating View Definition Rating: A+ (Superior) I , Financial Size Category: XV($2 Billion or greater) • Outlook: Stable Action: Affirmed Effective Date: May 10, 2019 Initial Rating Date: June 30, 1976 Long-Term Issuer Credit Rating View Definition Long-Term: aa- Outlook: Stable • Action: Affirmed Effective Date: May 10, 2019 Initial Rating Date: June 22, 2005 u Denotes Under Review Best's Rating htto://consumers.ambestcom/ComnanvProfile.asnx?IlT nnihnurn=ffl'IlnRiPPP= fl h inn n Page 2 of 7 Licensing: Licensed Territory: (Current since 11/02/2018).The company is licensed in the District of Columbia, Guam, Puerto Rico, U.S. Virgin Islands and all states. It is also licensed in Canada in the provinces of Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Nova Scotia, Ontario, Prince Edward Island, Quebec and in the Northwest Territories, Nunavut and Yukon. • • • • • • • http://consumers.ambest.com/CompanyPro:file.aspx?BL=36&ambnum=003630&PPP= 9/3/2019 Client#:119927 TITAEART ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM1DD/YYYY) 8/27/2019 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Christine Maden Propel Insurance PHONE 800 499-0933 FAX 866 577-1326 (A C,No,Ext): (A/C,Nol: Tacoma Commercial Insurance ADDRESS: Christine.Maden@propelinsurance.com 1201 Pacific Ave,Suite 1000 INSURER(S)AFFORDING COVERAGE NAICd Tacoma,WA 98402 INSURER A:American Guarantee and Liability Ins.Co 26247 INSUREDINSURER B:Navigators Insurance Company 42307 TITAN Earthwork, LLC Surplus C:Westchester Sur lus Lines Insurance Co. 10172 1585 Valentine Ave SE INSURER D: Pacific,WA 98047 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP TYPE OF INSURANCE LIMITS LTR INSR WVD POLICY NUMBER (MM/DD/YYYYI (MM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY GLA915581105 04/05/2019 04/05/2020 EACH OCCURRENCE $1,000,000 (CLAIMS-MADE X OCCUR DAMAGE To_RENTED (FRENTED aoccurrencel $300,000 X PD Ded:$5,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X PRO POLICY T LOC PRODUCTS•COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY GLA915581105 04/05/2019 04/05/2020 (Fo,IMEeo1SINGLELIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY _AUTOS ONLY X CA0001 $ B UMBRELLA LIAB X OCCUR SE19EXC751260IV 04/05/2019 04/05/2020 EACH OCCURRENCE $5.000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$0 $ WORKERS COMPENSATION (WA Stop Gap) STATIrrF X ORH AND EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N GLA915581105 04/05/2019 04/05/2020 E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 II yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Pollution G24268706008 04/05/2019 04/05/2020 $5,000,000 Occurrence Liability $5,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) RE:Contract No 19-23,Auburn Way South &12th Street SE Signal Pole Replacement. • Additional Insured Status applies per attached form(s). CERTIFICATE HOLDER CANCELLATION Cityof Auburn SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 25 West Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Auburn,WA 98001-4998 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S3773867/M3602248 KTROO This page has been left blank intentionally. Additional Insured — Automatic — Owners, Lessees Or Contractors THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. Effective Date: This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II—Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" and subject to the following: 1. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or b. The ISO CG 20 37 (10/01 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that"bodily injury", "property damage"or"personal and advertising injury" arises out of: (1) Your ongoing operations, with respect to Paragraph 1.a. above; or (2) "Your work", with respect to Paragraph 1.b. above, which is the subject of the written contract or written agreement. However,solely with respect to this Paragraph 1., insurance afforded to such additional insured: (a) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (b) Does not apply to "bodily injury" or"property damage" caused by"your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. Solely with respect to this Paragraph (b), if the written contract or written agreement provides a minimum time period for providing such coverage, and such minimum time period ends prior to the end of the policy period, this insurance shall not apply to "bodily injury", "property damage" or a "personal and advertising injury" offense which occurs during the policy period and after the end of that minimum time period. 2. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office(ISO) ISO CG 20 10(07/04 edition); or b. The ISO CG 20 37 (07/04 edition), U-GL-1114-A CW(10/02) Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that"bodily injury", "property damage"or"personal and advertising injury"is caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, in the performance of: (a) Your ongoing operations, with respect to Paragraph 2.a.above; or (b) "Your work" and included in the "products-completed operations hazard", with respect to Paragraph 2.b. above, which is the subject of the written contract or written agreement. However,solely with respect to this Paragraph 2., insurance afforded to such additional insured: (i) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement;and (ii) Does not apply to"bodily injury" or"property damage" caused by"your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. Solely with respect to this Paragraph (ii), if the written contract or written agreement provides a minimum time period for providing such coverage, and such minimum time period ends prior to the end of the policy period, this insurance shall not apply to "bodily injury", "property damage"or a"personal and advertising injury"offense which occurs during the policy period and after the end of that minimum time period. 3. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 10 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to ongoing operations (if no form is specified), such person or organization is then an additional insured only to the extent that"bodily injury", "property damage" or"personal and advertising injury" is caused, in whole or in part by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 3., insurance afforded to such additional insured: (a) Only applies to the extent permitted by law; (b) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and (c) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement. 4. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 37 (04/13 edition, any subsequent edition or if no edition date is specified);or b. With respect to the "products-completed operations hazard"(if no form is specified), U-GL-1114-A CW(10/02) Page 2 of 4 • Includes copyrighted material of Insurance Services Office,Inc.,with its permission. such person or organization is then an additional insured only to the extent that "bodily injury" or "property damage" is caused, in whole or in part by "your work" and included in "the "products-completed operations hazard",which is the subject of the written contract or written agreement. However,solely with respect to this Paragraph 4., insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; (3) Only applies if the "bodily injury" or"property damage" occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (4) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. Solely with respect to this Paragraph (4), if the written contract or written agreement provides a minimum time period for providing such coverage, and such minimum time period ends prior to the end of the policy period, this insurance shall not apply to "bodily injury" or "property damage" which occurs during the policy period and after the end of that minimum time period. B. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of,or failure to render, any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even If the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence"which caused the "bodily injury" or"property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. Solely with respect to the coverage provided by this endorsement, the following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV—Commercial General Liability Conditions: The additional insured must see to it that: (1) We are notified as soon as practicable of an "occurrence"or offense that may result in a claim; (2) We receive written notice of a claim or"suit"as soon as practicable; and (3) A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured Is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. Solely with respect to the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. U-GL-1114-A CW(10/02) Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. • 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same"occurrence", offense, claim or"suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. Solely with respect to the insurance afforded to an additional insured under this endorsement, the following is added to Section III —Limits Of Insurance: Additional Insured—Automatic—Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Section A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms, conditions, provisions and exclusions of this policy remain the same. U-GL-1114-A CW(10/02) Page 4 of 4 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Waiver Of Subrogation (Blanket) Endorsement ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff.Date of End. Producer Add'.Prem Return Prem. GLA915581105 04/05/2019 04/05/2020 Propel Insurance $ $ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement,which is executed before a loss, to waive your rights of recovery from oth- ers,we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-925-B CW(12101) Page 1 of 1 This page has been left blank intentionally. Coverage Extension Endorsement ZURICH5 Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff.Date of End. Producer No. Add'I.Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II—Covered Autos Liability Coverage: The following are also"insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee' of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s)or organization(s)where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations,whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance—Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any"accident",will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured"will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment—Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. U-CA-424-F CW(04-14) Page 1 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II—Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II—Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss"to a covered "auto",we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the"loss"; (2) Financial penalties imposed under a lease for excessive use,abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties,credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2.of the Physical Damage Coverage Section is replaced by the following: We will pay up to$75 for towing and labor costs Incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a.of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage—Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: U-CA-424-F CW(04-14) Page 2 of 6 • Includes copyrighted material of Insurance Services Office,Inc.,with its permission. (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of$3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to$750 for"loss"to personal effects which are: (1) Personal property owned by an "insured";and (2) In or on a covered"auto". b. Subject to Paragraph a. above, the amount to be paid for"loss"to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for"loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records,discs or other similar devices used with audio,visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same"loss", J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV — Physical Damage Coverage In the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage.Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio,visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto"at the time of"loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". U-CA-424-F CW(04-14) Page 3 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. K. Airbag Coverage The Exclusion in Paragraph B.3.a.of Section III—Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV— Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered"auto"on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller(or smallest)deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller(or smallest)deductible. M. Physical Damage—Comprehensive Coverage—Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos"damaged or stolen,the maximum deductible that will be applied to Comprehensive Coverage for all "loss"from any one cause is$5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos—Physical Damage 1. The following is added to Section I—Covered Autos: Temporary Substitute Autos—Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered"autos"for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto"you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos—Physical Damage We will pay the owner for"loss"to the temporary substitute "auto" unless the"loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner,we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. O. Amended Duties In The Event Of Accident,Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of"accident", claim, "suit" or"loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner(if you are a partnership), a member(if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any U-CA-424-F CW(04-14) Page 4 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. agent, servant or employee of the"insured"to notify us of any"accident", claim, "suit"or"loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or"suit"including, but not limited to, the date and details of such claim or"suit"; (2) The"insured's" name and address;and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or"loss"arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos—Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance—Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage,the following are deemed to be covered "autos"you own: (1) Any covered"auto"you lease, hire, rent or borrow; and (2) Any covered "auto"hired or rented under a written contract or written agreement entered into by an "employee"or elected or appointed official with your permission while being operated within the course and scope of that "employee's"employment by you or that elected or appointed official's duties as respect their obligations to you. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However,we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of"autos"or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto—World Wide Coverage Paragraph 7a.(5)of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto"is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of"bodily injury"in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U-CA-424-F CW(04-14) Page 5 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II—Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage—Additional Temporary Transportation Expense Coverage Paragraph A.4.a.of Section III—Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of$1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of$2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an"auto" powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto"to you. We will pay only for those covered "autos"for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. U-CA-424-F CW(04-14) Page 6 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Commercial Excess Liability Coverage Part Various provisions of this policy restrict coverage. Read the entire policy carefully to determine your rights, duties and what Is and is not covered. Throughout the policy the words"you"and"your" refer to the Named Insured. The words"we," "us"and"our" refer to the company providing this insurance.The word"insured" means any other person or organization qualifying as such under SECTION II—WHO IS AN INSURED. Other words and phrases that appear in quotations in this policy have special meanings. Refer to SECTION V- DEFINITIONS. SECTION I —COVERAGE 1. Insuring Agreement A. Excess Liability 1. We will pay on behalf of the insured and in excess of"underlying limits"those sums the insured becomes legally obligated to pay as damages for"loss"to which this insurance applies. This insurance applies only if: a. the"loss" is caused by an"event"that takes place in the coverage territory; b. the"loss"occurs during the"policy period; and c. the"controlling underlying insurance" applies to the"loss." 2 If an aggregate limit of"controlling underlying insurance" is exhausted by the payment of judgments or settlements to which this insurance applies, or would have applied but for the amount of the damages, this insurance will apply in place of the"controlling underlying insurance" until we have paid our applicable Limits of Insurance. 3. When paragraph 2. above applies, ending the"controlling underlying insurance" obligations to investigate and settle claims or defend suits against the insured, we have the right and duty to investigate claims and defend suits which seek damages to which this insurance applies. Our right and duty to defend end when we have paid our applicable Limits of Insurance. 4. When paragraph 2. above does not apply, we have the right, but not the duty,to participate in the investigation or settlement of any claim or the defense of any suit against any insured. 5. We have the right, at our discretion, to settle any claim to which this insurance applies. 6. As respects paragraphs 3. and 4. above, "defense expenses"we incur in the investigation of any claim or defense of any suit will be paid in addition to the Limits of Insurance except when such costs reduce the limits of"controlling underlying insurance," in which case they will reduce our Limits of Insurance. 7. The amount we pay is limited. See SECTION III —LIMITS OF INSURANCE. 2. Exclusions The EXCLUSIONS sections of the"controlling underlying insurance" are made part of this policy. If an inconsistency or contradiction exists between an Exclusion of this policy and an Exclusion of the "controlling underlying insurance"the Exclusion of this policy will apply. NAV-EXC-001 (04/10) Navigators Insurance Company Page 1 of 7 Contains copyrighted material of the Insurance Services Office, Inc.with its permission. However, in no case will coverage be excluded by the"controlling underlying insurance" and not excluded by this policy. This insurance does not apply to any liability: 1. to which "controlling underlying insurance" does not apply; 2. for which coverage is provided by"controlling underlying insurance" at limits less than the limits of insurance applicable to other coverage provided by the"controlling underlying insurance"and less than"underlying limits;" 3. for"loss"which commenced prior to this"policy period,"whether or not such"loss" continues, progresses, changes or resumes during this"policy period;" 4. for damage to property you own, rent or occupy, including any costs or expenses incurred by you or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including the prevention of injury to a person or damage to another's property; 5. for damage to personal property in the care, custody or control of any insured; 6. arising out of any"aircraft products;" 7. arising out of the actual, alleged, suspected or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of"asbestos;" 8. arising out of the actual, alleged, suspected or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of"fungi"or bacteria; 9. arising out of the actual, alleged, suspected or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of"silica"or"silica related dust;" 10. arising out of any"employment practices" of any insured; 11. arising out of: a. war, including undeclared or civil war; b. warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these; 12. imposed under: a. an uninsured or underinsured motorist, uninsured or underinsured boater, Medical Payments, Personal Injury Protection, No-Fault or any similar law; b. a workers compensation, disability benefits, unemployment compensation or any similar law; c. the Employee Retirement Income Security Act of 1974, any amendments thereto or any similar law. SECTION II—WHO IS AN INSURED The WHO IS AN INSURED section of the"controlling underlying insurance" is made part of this policy. Any person or organization that is an insured in"controlling underlying insurance" is an insured in this policy to the same extent. NAV-EXC.-001 (04/10) Navigators Insurance Company Page 2 of 7 Contains copyrighted material of the Insurance Services Office, Inc. with its permission. SECTION III—LIMITS OF INSURANCE The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of insureds, claims made or suits brought, or persons or organizations making claims or bringing suits. 1. The General Aggregate Limit is the most we will pay for the sum of all damages to which this insurance applies, except: a. damages because of bodily injury or property damage Included within any applicable products-completed operations hazard;or b. damages arising out of the ownership, operation, maintenance or use of an automobile; 2. The Products-Completed Operations Aggregate Limit is the most we will pay for the sum of all damages included within any applicable products-completed operations hazard; 3. Subject to paragraphs 1. and 2. above, the Each Event Limit is the most we will pay for all damages that arise out of any one"event." SECTION IV—CONDITIONS The CONDITIONS sections of the"controlling underlying insurance"are made part of this policy. If an inconsistency or contradiction exists between the Conditions of this policy and the Conditions of the"controlling underlying insurance,"the Conditions of this policy will apply. 1. Appeals At our discretion we may appeal any judgment which would result in a payment under this policy.When we do appeal, we will pay all costs associated with the appeal in addition to the Limits of Insurance. Any such appeal will not increase our Limits of Insurance. 2. Bankruptcy or Insolvency Bankruptcy or insolvency of the insured or the insured's estate will not relieve us of our obligations under this policy. Bankruptcy or insolvency of any company providing • "controlling underlying insurance"will not reduce the"underlying limits" or increase our obligations under this policy. We will not be required to drop down or replace "controlling underlying insurance." 3, Cancellation a. The first Named Insured may cancel this policy at any time by providing us advanced written notice of the cancellation date. b. We may cancel this policy at any time by providing the first Named.Insured written notice of cancellation: i. at least 10 days in advance if we cancel for non-payment of premium;or ii. at least 30 days in advance if we cancel for any other reason: c. If the"controlling underlying insurance" is cancelled for any reason, this policy is also cancelled. Reinstatement of the"controlling underlying insurance"does not reinstate this policy unless reinstatement is endorsed hereon. Return premium, if any, will be calculated per Condition 11. Premium. Proof of mailing will be proof of notice. NAV-EXC-001 (04/10) Navigators Insurance Company Page 3 of 7 Contains copyrighted material of the Insurance Services Office, Inc. with its permission. 4, Non-Renewal a. We are not obligated to renew this policy. However, should we decide not to renew, we will provide the first Named Insured written notice of our decision at least 30 days prior to the expiration date shown in the Declarations. b. We will not restrict the terms or increase premium of this policy at renewal unless we have given the first Named Insured at least 30 days advanced notice of any such changes. However, no notice will be provided or required if a restriction in this policy results from a restriction applicable to"controlling underlying insurance." c. The first Named Insured may non-renew this policy by: i. providing advance written notice to us; ii. rejecting our offer to renew;or iii. failing to reply to our offer to renew. Proof of mailing will be proof of notice. 5. Changes This policy contains all of the agreements between you and us. This policy may only be changed by endorsements we issue. 6. Duties When There is an"Event," Claim or Suit a. You must see to it that we and any other insurers who could provide coverage are notified as soon as practicable of any"event"which may be reasonably expected to result in a claim under this policy.To the extent possible, notice should include: i. how, when and where the"event"took place; ii. the names and addresses of any injured persons and witnesses; and iii. the nature and location of any injury or damage arising out of the"event." b. If a claim is made or suit is brought against any insured which may be reasonably expected to result in a claim under this policy, you must: i. immediately record the specifics of the claim or suit and the date received;and ii. notify us, and any other insurers who could provide coverage, as soon as . practicable. c. . You and any other involved insured must: i. immediately send us, and any other insurers who could provide coverage, copies of any demands, notices, summonses or legal papers received in connection with a claim or suit which may be reasonably expected to result in a claim under this policy; ii. authorize us to obtain records and other information; iii. cooperate with us in the investigation or settlement of the claim, issues relating to coverage under this policy or defense against the suit; and iv. assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of the injury or damage to which this insurance may apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation or incur any expense, other than first aid, without our consent. Notice to us may be sent to our address shown in the Declarations. 7. Legal Action Against Us No person or organization has a right under this insurance: a. to join us as a party or otherwise bring us into a suit asking for damages from an insured;or b. to sue us on this insurance unless all of its terms have been fully complied with. NAV-EXC-001 (04!10) Navigators Insurance Company Page 4 of 7 Contains copyrighted material of the Insurance Services Office, Inc.with its permission. 8. Maintenance of Controlling Underlying Insurance During the"policy period"you must maintain"controlling underlying insurance"with "underlying limits"at least equal to the amounts shown in the Declarations. The "underlying limits" must be unimpaired at the beginning of this"policy period." If you fail to maintain the "controlling underlying insurance"this policy will be invalid. If you fail to maintain"underlying limits,"we will only be liable to the extent we would have been liable had you maintained the"underlying limits." Reduction of"underlying limits" by the payment of judgments or settlements for"loss"to which this insurance applies, or would have applied but for the amount of the damages, will not be considered a failure to maintain "underlying limits." 9. Other Insurance This insurance is excess over any insurance available to the insured except insurance purchased specifically to apply In excess of this policy. 10. Payment of Damages When the amount of damages payable under this policy has been determined by final judgment or a written settlement agreement between the claimant and us, we will pay that amount, up to our applicable Limits of Insurance, after the"controlling underlying insurance" or the insured has paid the full amount of the"underlying limits." 11. Premium The Premium shown in the Declarations is the premium for the coverage we provide for the"policy period." The first Named Insured is responsible for the payment of all premiums under this policy. If this policy is cancelled prior to its expiration date return premium will be calculated as follows: a. if cancelled by us: [{(Premium)—(Minimum Earned Premium)}x(Pro Rata factor)] b. if cancelled by you: [{(Premium)—(Minimum Earned Premium)}x{(Pro Rata factor)x (.90)}j. 12. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. as if each Named Insured were the only Named Insured; and b. separately to each insured against whom claim is made or suit is brought. 13. Transfer of Rights of Recovery Against Others If an insured has rights to recover all or part of any payment we have made under this insurance, the insured must preserve those rights and, at our request, pursue or transfer those rights to us. The insured must do nothing after an"event"to Impair them. 14. Reformation of Underlying If the"controlling underlying insurance" is reformed after an"event"to provide coverage for a "loss, the terms of such reformation do not apply to this policy. 15. When we Defend When we have a duty to defend an insured,the insured will cooperate with us in the transfer of the defense to counsel of our choosing. If the law of the governing jurisdiction permits an insured to select their own counsel to be paid for by us, we shall only be liable for the reasonable and necessary defense costs of one law firm per insured at rates customarily paid by us for the defense of similar claims in the jurisdiction where the claim is pending. 16. Claims outside the U.S.A, it's Territories, Possessions or Canada When we have the duty to defend an insured and are prevented by law or otherwise from doing so, we will reimburse the insured for any reasonable and necessary expenses incurred in the defense of a suit to which this insurance applies. If the insured becomes legally obligated to pay damages to which this insurance applies NAV-FXC-001 (04/10) Navigators Insurance Company Page 5 of 7 Contains copyrighted material of the Insurance Services Office, Inc. with its permission. and we are prevented by law from paying such damages on behalf of the insured,we will reimburse the insured, in U.S currency at the prevailing exchange rate at the time the damages were paid, for such damages. SECTION V—DEFINITIONS The DEFINITIONS sections of the"controlling underlying insurance"are made part of this policy, and apply to words or phrases used in this policy provided always that words or phrases in quotations in this policy will have the meaning given them in this policy. "Aircraft products" means: a. an aircraft; b. ground control or support equipment; or c. any article, component or device made, sold, licensed, handled or distributed by any insured that is used to achieve, control or maintain flight or landing of an aircraft. "Asbestos" means the mineral in any form. "Controlling underlying insurance" means the policy listed in the Schedule of Underlying Insurance shown in the Declarations, or its renewal or replacement, which applies to the "loss,"or would have applied but for: a. an exclusion in that policy; or b. the exhaustion or erosion of an aggregate limit of insurance; If more than one policy is listed in the Schedule,the "controlling underlying insurance" is the policy which applies to the"loss" or would have applied but for the reasons a. or b. listed above. "Defense expenses" means expenses we incur to investigate a claim or defend a suit. Defense expenses include interest which accrues on our portion of a judgment, after entry of that judgment and after the insured or any underlying insurer has paid the full amount of their portion of the judgment but before we have paid, offered to pay or deposited in the court the part of the judgment that is within our applicable Limits of Insurance. "Employment practices" means: a. dismissal, discharge or termination of employment, whether actual, constructive or retaliatory; b. failure or refusal to hire or promote; c. discipline, demotion, coercion or retaliatory treatment; d. failure to grant tenure; e. negligent employment evaluation; f. sexual or other workplace harassment, including quid pro quo and hostile work environment; g. employment discrimination; h. invasion of privacy, violation of employment related civil rights, employment related libel, slander or defamation; i, creating or enforcing or failing to create or enforce employment related policies or procedures; or j. actual or alleged violations of the Family and Medical Leave Act of 1993 or its amendments. "Event" means an accident, incident, occurrence, offense, wrongful act or other"loss"causing "event"defined by and to which the"controlling underlying insurance"applies. NAV-EYG001 (04110) Navigators Insurance Company Page 6 of 7 Contains copyrighted material of the Insurance Services Office, Inc.with its permission. "Fungi" means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi. But"fungi"does not include mushrooms cultivated for human consumption. "Loss" means bodily injury, property damage, personal and advertising injury or other loss defined by and to which the"controlling underlying insurance"applies. "Policy period" means the period of time between the effective date shown in the Declarations and the earlier of the expiration date shown in the Declarations or the expiration date shown in an endorsement to this policy. "Silica" means silicon dioxide, occurring in crystalline, amorphous or impure forms, silica particles, silica dust or silica compounds.. "Silica related dust' means a mixture or combination of silica and other dust particles, "Underlying limits" means the amounts shown in the Declarations as the minimum limits of Insurance to be provided by"controlling underlying insurance." In Witness Whereof,the issuing Company has caused this policy to be signed officially below,and countersigned on the Declarations page by a duly authorized representative of said Company. Stanley A. Galanski Jeff L. Saunders President Vice President NAV-EXC-001 (04/10) Navigators Insurance Company Page 7 of 7 Contains copyrighted material of the Insurance Services Office, Inc.with its permission. This page has been left blank intentionally. Page 1 of 2 Consumer tools Agent and Company Lookup Orders Independent Review Decisions AMERICAN GUARANTEE & LIABILITY INSURANCE COMPANY Change History I Licensing I Appointments I Complaints I Orders I National Info I Ratings I Tax Filings Back to Search General information Contact information Name: AMERICAN GUARANTEE &LIABILITY INSURANCE Registered address COMPANY FOUR WORLD TRADE Mailing address Corporate family group: ZURICH INS GRP 0 CENTER 1299 ZURICH WAY Organization type: PROPERTY 150 GREENWICH ST SCHAUMBURG, IL 60196 Doing Business As (DBA): Unavailable NEW YORK, NY 10006 Telephone WAOIC: 84 Telephone 847-605-6000 212-225-7000 NAIC: 26247 Status: ACTIVE Admitted date: 11/25/1939 Ownership type: STOCK T pack to top Company change history o View changes 'P back to top Types of coverage authorized to sell o Insurance types Casualty Disability Marine Ocean Marine Property Surety Vehicle back,to top Agents and agencies that represent this company (Appointments) o View agents View agencies back to top Company complaint history o https://fortress.wa.gov/oic/consumertoolkit/Company/CompanyProfile.aspx?WAOIC=84 9/3/2019 Page2of2 View complaints .Wk.S8,.tp.R Orders issued since 2010 0 IView orders I i back to top Premium tax filings by tax year 0 2018 2017 2016 2015 2014 1'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. I back to top Ratings by financial organizations The following organizations rate insurance companies on their financial strength and stability. Some of these companies charge for their services. A.M. Best Weiss Group Ratings Standard and Poor's Corp. Moody's Investors Service Fitch IBCA Duff 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. back to,top https://fortress.wa.gov/oic/consumertoolkit/Company/CompanyProfile.aspx?WAOIC=84 9/3/2019 Page 1 of 7 113 Shares American Guarantee and Liability Ins Co (a member of Zurich Insurance US PC Group) AM Best#: 002562 NAIC#:26247 FEIN#: 36-6071400 Address: 1299 Zurich Way Schaumburg, IL 60196-1056 UNITED STATES Phone: 800-987-3373 Fax: 877-962-2567 Web: www.zurichna.com Follow A 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, 1944 Long-Term Issuer Credit Rating View Definition Long-Term: aa- Outlook: Stable Action: Affirmed Effective Date: September 19, 2018 Initial Rating Date: September 14, 2004 http://consumers.ambest.com/CompanyProfile.aspx?BL=36&ambnum=002562&PPP= 9/3/2019 Page 2 of 7 u Denotes Under Review Best's Rating Licensing: Licensed Territory: (Current since 11/14/2001).The company is licensed in the District of Columbia and all states. • Ii I I I i I I I I ! http://consumers.ambest.corn/Company Profile.aspx?BL=36&ambnum=002562&PPP= 9/3/2019 Page 1 of 2 Consumer tools Agent and Company Lookup Orders Independent Review Decisions NAVIGATORS INSURANCE COMPANY Change History I Licensing, I Appointments I Complaints I Orders I National Info I Ratings I Tax Filings Back to Search General information Contact information Name: NAVIGATORS INSURANCE COMPANY Registered address Mailing address Corporate family group: HARTFORD FIRE &CAS ONE PENN PLAZA 32ND FL 1375 E WOODFIELD RD GRP o NEW YORK, NY 10119 SUITE 720 Organization type: PROPERTY SCHAUMBURG, IL 60173 Doing Business As (DBA): Unavailable Telephone 914-934-8999 Telephone WAOIC: 84998 847-230-1930 NAIC: 42307 Status: ACTIVE Admitted date: 08/22/1991 Ownership type: STOCK back,P.A91 Company change history ® View changes T.4.�sk..tp..toa Types of coverage authorized to sell o Insurance types Casualty Disability Marine Ocean Marine Property Surety Vehicle is back to top Agents and agencies that represent this company (Appointments) o, View agents View agencies ?back to top Company complaint history o View complaints https://fortress.wa.gov/oic/consumertoolkit/Company/CompanyProfile.aspx?WAOIC=84998 9/3/2019 Page 2 of 2 back to top Orders issued since 2010 0. No orders are found back,to.top Premium tax filings by tax year .. 2018 2017 2016 2015 2014 is 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. 4`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 Grou Rp atings Standard and Poor's Corp Moody's Investors Service Fitch IBCA, puff_arid_Phelps Ratin Disclaimer:Links to external or third-party websites are provided solely for visitors'convenience.Links you take to other sites are done so at your own risk and our office accepts no liability for any external linked sites or their content.Be aware that not all financial rating companies use the same rating processes. ?back to top haps://fortress.wa.gov/oic/consumertoollcit/Company/CompanyPror le.aspx?WAOIC=84998 9/3/2019 Page 1 of 7 113 Shares I � Navigators Insurance Company (a member of Hartford Insurance Group) AM Best#,001825 NAIC#: 42307 FEIN#: 13-3138390 Address: 400 Atlantic Street 8th Floor Stamford, CT 06901 UNITED STATES Phone: 203-905-6090 !Fax: 203-658-1821 Web: www.navg.com Follow al Print this page I � Best's Credit Ratings Financial Strength Rating View Definition Rating: A+ (Superior) Financial Size Category: XI ($750 Million to $1 Billion) Outlook: Stable Action: Upgraded Effective Date: August 30, 2019 Initial Rating Date: June 30, 1988 I ( I 1 ! I Long-Term Issuer Credit Rating View Definition Long-Term: aa- Outlook: Stable Action: Upgraded Effective Date: August 30, 2019 Initial Rating Date: October 10, 2005 http://consumers.ambest.com/CompanyProfile.aspx?BL=36&ambnum=001825&PPP= 9/3/2019 Page 2 of 7 u Denotes Under Review Best's Rating 1 t J Licensing: Licensed Territory: (Current since 11/06/2018).The company is licensed in the District of Columbia, Guam, Puerto Rico, U.S. Virgin Islands and all states. This company is also licensed in the United Kingdom. I I I I i i i I I I I I • i I I 1 I I i r I i I 1 I i I i i i I r i i I I I http://consumers.ambest.com/CompanyProfile.aspx?BL=36&ambnum=001825&PPP= 9/3/2019 Carriers I Surplus Lines Association of Washington Page 1 of 1 Documents I Membership I Calendar of Events I FAQs I Contact Us I SEARCH About Us I News I Filing Information I Brokerage Firms I Carders I SLIP I Laws&Regulations I Education I Links I Manual Home> Carriers Carrier Requirements Carriers List of Active Carriers Induslon on this list does not Indicate that the carder meets the requirement as an appropriate Insurer.The Surplus Line Broker Is solely responsible for determining the qualifications of each carrier.Being on this list means the carrier Is recognized by the Surplus Line Association of Washington and filings by brokers for the carrier will be accepted for examination. Search By Insurer Name or City: Westchester I Search Insurer Name i Address I City I State I I WESTCHESTER SURPLUS LINES INSURANCE COMPANY 1438 WALNUT STREET _-`I PHILADELPHIA I PA 1(---)r)00(—) 1-1 oft items About Us I News I Filing Information I Brokerage Firms I Carriers I SLIP I Laws&Regulations I Education I Links I Manual Home I Documents I Membership I Calendar of Events I FADS I Contact Us Copyright®2019 Surplus Line Association of Washington,All Rights Reserved. http://www,surpluslines.org/carriers/ 9/3/2019 Page 1 of 7 113 Shares I � Westchester Surplus Lines Insurance Co (a member of Chubb INA Group) AM Best#:004433 NAIC#: 10172 FEIN#: 58-2139927 Address: P.O. Box 1000 Philadelphia, PA 19106 UNITED STATES Phone: 215-640-1000 Fax: ;Web: www.chubb.com • rFollow 41 Print this page I ' Best's Credit Ratings I ' ' Financial Strength Rating View Definition Rating: A++ (Superior) Affiliation Code: g (Group) Financial Size Category: XV($2 Billion or greater) Outlook: Stable Action: Affirmed I I Effective Date: December 13, 2018 Initial Rating Date: June 30, 1972 4 I Long-Term Issuer Credit Rating View Definition ( 1 Long-Term: aa+ Outlook: Stable Action: Affirmed ; ! Effective Date: December 13, 2018 Initial Rating Date: August 16, 2005 I , l http://consumers.ambest.com/CompanyProfile.aspx?BL=36&ambnum=004433&PPP= 9/3/2019 Page 2 of 7 u Denotes Under Review Best's Rating I J I 1111 Licensing: Licensed Territory: (Current since 11/27/2018),It is authorized as a Domestic Surplus Lines Insurer in Georgia. It also operates on a surplus lines or non-admitted basis in the District of Columbia, Guam, Northern Mariana Islands, Puerto Rico, U.S. Virgin Islands, AL,AK, AZ, AR, CA, CO, CT, DE, FL, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI and WY. j I I � ' I I f http://consumers.ambest.com/CompanyProl'ile.aspx?BL=36&ambnum=004433&PPP= 9/3/2019 CONTRACT BOND CONTRACT NO. 19-23 BOND NO. 0226392 BOND TO CITY OF AUBURN, WASHINGTON KNOW ALL MEN BY THESE PRESENTS: That we,the undersigned, Titan Earthwork, LLC, 1585 Valentine Avenue SE, Pacific, WA, 98047, as principal, and Berkley Insurance Company,412 Mount Kemble Avenue,Morristown,NJ 07960, a corporation, organized and existing under the laws of the State of Delaware 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 Fifty Thousand Nine Hundred Sixty-Two and 00/100($50,962.00) 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 601 day of bbl ,2019. Nevertheless,the conditions of the above obligation are such that: WHEREAS, the City of Auburn on the 16th day of August, 2019, let to the above bounden principal a certain Contract. The said Contract being numbered xx-xx, and providing for the construction of Contract No. 19-23, Auburn Way South & 12th St SE Signal Pole Replacement (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 ENG-055, Revised 11/17 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 dollars ($2,000), whichever is greater,to warranty against defects appearing or developing in the material or workmanship provided or performed under this Contract within a period of one (1) year after acceptance. Not withstanding the reduction of this bond, the principal and surety shall hold the City of Auburn harmless from all defects appearing or developing in the material or workmanship provided or performed under this Contract within a period of one (1)year after acceptance,THEN and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. It is hereby expressly agreed that if any legal action is necessary to be brought under the conditions of this bond,that the decisions of the Courts of the State of Washington shall be binding. IN WITNESS WHEREOF,the above-bounden parties have executed this instrument this 28th day of August , 20 19 'Al A Titan Earthwork,LLC Rgart 144cjc,,,ip,' . `ke,„ Surety Berkl�nce Company By rney in Fact Christopher Kinyon Propel Insurance PO Box 2940 Tacoma,WA 98401 (253)759-2200 Resident Agent's Address&Phone Number ENG-055, Revised 11/17 No.BI-1220k POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich, CT,has made, constituted • and appointed, and does by these presents make, constitute and appoint: Karen C. Swanson; Brent E. Heilesen; Christopher czt• Kinyon; Jamie L. Marques; Carley Espiritu; Annelies M. Richie; Kyle Joseph Howat; Heather L. Allen; or Holli Albers of Propel Insurance of Tacoma, WA its true and lawful Attorney-in-Fact,to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, .; providing that no single obligation shall exceed Fifty Million and 00/100 U.S.Dollars(U.S.$50,000,000.00),to the same extent as • -° if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, >) without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following > resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: •- o • c RESOLVED,that,with respect to the Surety business written by Berkley Surety,the Chairman of the Board,Chief Executive 2 Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are oEhereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute • bonds,undertakings,recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal o 'c of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and a revoke any power of attorney previously granted;and further • RESOLVED,that such power of attorney limits the acts of those named therein to the bonds,undertakings,recognizances,or F" other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated;and further • c RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and P. on further a.5 RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company;and such signature and seal when so used shall have the same force and effect as g though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any o E person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have tA • ceased to be such at the time when such instruments shall be issued. o IN WITNESS WHEREOF, the Com any has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this cic day of - 010 t9 . Attest: / Berkle Insurance Company Y H 1 • H (Seal) Byr By Ira Lede an Jef e1 fter o• (n Executive Vice President&Secretary e o i'• 'esident ,J U o b WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER. E u •= STATE OF CONNECTICUT) o ) ss: • o COUNTY OF FAIRFIELD ) o s Sworn to before me, a Notary Public in the State of Connecticut, this'6441 day of Fan)Druar aoict, by Ira S. Lederman t and Jeffrey M. I-lafier who are sworn to me to be the Executive Vice Pre 'de and Secretary, n the Senior Vice President, ctrespectively,of Berkley Insurance CompartgtARIAC.RUNDBAKEN ��� NOTARY PUBLIC a�� `-. c I o MY COMMISSION EXPIRES otaiy Public,State of Connecticut C7 .c74 APRIL30.2019 z v~ CERTIFICATE •E I,the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct Pg c°', and complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked or rescinded and that the authority of the 1• ) Attorney-in-Fact set forth therein,who executed the bond or undertaking to which this Power of • 'mey is attached,is in full force and effect as of this date. 1/ Given under my hand and seal of the Company,this Z9' day of fir / �� (Seal) �' r / Vincent P.Fo Page 1 of 2 Consumer tools Agent and Company Lookup Orders Independent Review Decisions BERKLEY INSURANCE COMPANY Change History I Licensing I Appointments I Complaints I Orders I National Info I Ratings I Tax Filings Back to Search General information Contact information Name: BERKLEY INSURANCE COMPANY Registered address Mailing address Corporate family group: WR BERKLEY CORP 1209 ORANGE ST 475 STEAMBOAT ROAD 1ST GRP 0 WILMINGTON, DE 19801 FLR Organization type: PROPERTY GREENWICH, CT 06830 Doing Business As (DBA): Unavailable Telephone Telephone 800-866-2308 800-866-2308 WAOIC: 1224 NAIC: 32603 Status: ACTIVE Admitted date: 06/17/1982 Ownership type: STOCK back to top Company change history o View changes back to top Types of coverage authorized to sell o Insurance types Casualty Disability Marine Ocean Marine Property Surety Vehicle back to top Agents and agencies that represent this company (Appointments) o View agents View agencies back to top Company complaint history o View complaints https://fortress.wa.gov/oic/consumertoolkit/Company/CompanyProfile.aspx?WAOIC=1224 9/3/2019 Page 2 of 2 4'back to top Orders issued since 2010 0 View orders back to top Premium tax filings by tax year o 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..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. back to top https://fortress.wa.gov/oic/consumertoolkit/Company/CompanyProfile.aspx?WAOIC=1224 9/3/2019 Page 1 of 7 113 Shares Berkley Insurance Company (a member of W. R. Berkley Insurance Group) AM Best#: 003630 NAIC#: 32603 FEIN#: 47-0574325 Address: 475 Steamboat Road Greenwich, CT 06830 UNITED STATES Phone: 203-542-3800 Fax: 203-542-3839 Web: www.wrberkley.com Follow di Print this page Best's Credit Ratings Financial Strength Rating View Definition Rating: A+ (Superior) Financial Size Category: XV($2 Billion or greater) Outlook: Stable Action: Affirmed Effective Date: May 10, 2019 Initial Rating Date: June 30, 1976 Long-Term Issuer Credit Rating View Definition Long-Term: aa- Outlook: Stable Action: Affirmed Effective Date: May 10, 2019 Initial Rating Date: June 22, 2005 u Denotes Under Review Best's Rating http://consumers.ambest.com/CompanyProfile.aspx?BL=36&ambnum=003630&PPP= 9/3/2019 Page 2 of 7 Licensing: Licensed Territory: (Current since 11/02/2018).The company is licensed in the District of Columbia, Guam, Puerto Rico, U.S. Virgin Islands and all states. It is also licensed in Canada in the provinces of Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Nova Scotia, Ontario, Prince Edward Island, Quebec and in the Northwest Territories, Nunavut and Yukon. http://consumers.ambest.com/CompanyProfile.aspx?BL=36&ambnum=003630&PPP= 9/3/2019 BOND IN LIEU OF RETAINAGE (Retainage Bond -RCW 60.28) Bond No. 0224278 KNOW ALL PERSONS BY THESE PRESENTS, THAT Titan Earthwork, LLC, 1585 Valentine Avenue SE, Pacific, WA, 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 Berkley Insurance Company 412 Mount Kemble Avenue, Morristown, NJ 07960 a corporation organized under the laws of the State of Delaware 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;l;96"Clay of .AciJ 3 k"; 2019, the Principal executed Contract No. 19-23 with the CITY for Auburn Way South & 12th St SE Signal Pole Replacement; 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 surety 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. RCW 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 RCW 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 28th day of August , 2019 PRINCIPAL: Titan Earthwork, LLC 1585 Valentine Ave SE Pacific, WA 98047 By: --- (Signature of Authorized Representative) Rrt* reggl°list -- f'1e144( 1 Print/Type Name Retainage Bond Page 2 of 3 ENG-050, Revised 9/18 SURETY: Berkley Insurance Company 412 Mount Kemble Avenue orristown, NJ 07960 By: (Signature of Attor, -Fact for Surety*) Christopher Kinyon (Typed Name of Attorney-in-Fact) Dated August 28, 2019 Local Agent Name, Phone, & Address Propel Insurance PO Box 2940 Tacoma, WA 98401 (235)759-2200 CITY OF AUBURN: Accepted By: �.` • Jacob Sweeti-,g, Ass. tant Diru+�c er of Engineering/City Engineer Dated: 1//./7/ Approved s to form: Steve Gross, City 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 No.BI-1220k POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. -o KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly cg organized and existing under the laws of the State of Delaware,having its principal office in Greenwich, CT,has made, constituted and appointed, and does by these presents make, constitute and appoint: Karen C. Swanson; Brent E. Heilesen; Christopher -2 E Kinyon; Jamie L. Marques; Carley Espiritu; Annelies M. Richie; Kyle Joseph Howat; Heather L. Allen; or Holli Albers of Propel Insurance of Tacoma, WA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, cal providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars(U.S.$50,000,000.00),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, o t without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following e, o resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: o c RESOLVED,that,with respect to the Surety business written by Berkley Surety,the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds,undertakings,recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal o .= of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted;and further a.o RESOLVED,that such power of attorney limits the acts of those named therein to the bonds,undertakings,recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner > and to the extent therein stated;and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and 2 oa further a,•- RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any 73 E person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. , IN WITNESS WHEREOF, the Com any has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this day of , &O I . Attest: / Berkle Insurance Company o � (Seal) Byr By --/Wr Ira Lede an Jef e 1 .,j fter o Executive Vice President&Secretary e o(�i•- esident E WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE`BERKLEY"SECURITY PAPER. a. °' ... STATE OF CONNECTICUT) ) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this`6,41'day of Fe),r,ac - &On, by Ira S. Lederman ce ce and Jeffrey M. Iiafter who are sworn to me to be the Executive Vice Pre 'de and Secretary, . • the Senior Vice President, 1 respectively,of Berkley Insurance CompadgtARIA C.RUNDBAKEN NOTARY PUBLIC f//��C C-, ``0-4 o MY COMMISSION EXPIRES otary Public,State of Connecticut APRIL 30,2019 z CERTIFICATE at I,the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct d ° and complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein,who executed the bond or undertaking to which this Power of • •omey is attached,is in full force and effect as of this date. 1� Given under my hand and seal of the Company,this 2 gt1 day of t4 �. ,�! i. (Seal) ���� l �� r Vincent P.Fo Page 1 of 2 Consumer tools Agent and Company Lookup Orders Independent Review Decisions BERKLEY INSURANCE COMPANY Change History I Licensing I Appointments I Complaints I Orders I National Info I Ratings I Tax Filings Back to Search General information Contact information Name: BERKLEY INSURANCE COMPANY Registered address Mailing address Corporate family group: WR BERKLEY CORP 1209 ORANGE ST 475 STEAMBOAT ROAD 1ST GRP O WILMINGTON, DE 19801 FLR GREENWICH, CT 06830 Organization type: PROPERTY Doing Business As (DBA): Unavailable Telephone 800-866-2308 Telephone WAOIC: 1224 800-866-2308 NAIC: 32603 Status: ACTIVE Admitted date: 06/17/1982 Ownership type: STOCK back to top Company change history o View changes back to top Types of coverage authorized to sell o Insurance types Casualty Disability Marine Ocean Marine Property Surety Vehicle T back to top Agents and agencies that represent this company (Appointments) o View agents View agencies 1'back to top Company complaint history o View complaints 4 Page 2 of 2 back to top Orders issued since 2010 o View orders back to top Premium tax filings by tax year o 2018 2017 2016 2015 2014 back to top National information on insurance companies Want more information about this company? The NAIC's Consumer Information (CIS) page allows you to retrieve national financial and complaint information on insurance companies, plus has information and tips to help you understand current insurance issues. back to,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 Cor. 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. back to top https://fortress.wa.gov/oic/consumertoolkit/Company/CompanyProfile.aspx?WAOIC=1224 9/3/2019 Page 1 of 7 113 Shares Berkley Insurance Company (a member of W. R. Berkley Insurance Group) AM Best#: 003630 NAIC#: 32603 FEIN#: 47-0574325 Address: 475 Steamboat Road Greenwich, CT 06830 UNITED STATES Phone: 203-542-3800 Fax: 203-542-3839 Web: www.wrberkley.com Follow fN Print this page Best's Credit Ratings Financial Strength Rating View Definition Rating: A+ (Superior) Financial Size Category: XV ($2 Billion or greater) Outlook: Stable Action: Affirmed Effective Date: May 10, 2019 Initial Rating Date: June 30, 1976 Long-Term Issuer Credit Rating View Definition Long-Term: aa- Outlook: Stable Action: Affirmed Effective Date: May 10, 2019 Initial Rating Date: June 22, 2005 u Denotes Under Review Best's Rating Page 2 of 7 Licensing: Licensed Territory: (Current since 11/02/2018).The company is licensed in the District of Columbia, Guam, Puerto Rico, U.S. Virgin Islands and all states. It is also licensed in Canada in the provinces of Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Nova Scotia, Ontario, Prince Edward Island, Quebec and in the Northwest Territories, Nunavut and Yukon. �mhest com/( omnanvProrile.asux?BL=36&ambntuu=003630&PPP= 9/3/2019