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CP1930 #19-24 2019 Citywide Crack Seal Project
CITY OF AUBU _♦ 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 Aaron Kindt Doolittle Construction, LLC 1900 118th Avenue Southeast Bellevue, WA 98005 NOTICE TO PROCEED RE: CP1930, 2019 Citywide Crack Seal Project, Contract #19-24 You are hereby notified to proceed as of September 13, 2019 with the work on the above- referenced project, within the time period specified, in accordance with the provisions of the contract documents, copy enclosed. Your first working day will be September 16, 2019. This project has 20 working days for completion. If you have any questions, please contact the inspector for the project, Debra Alvarez at 253-876-1922 or the Contract Administration Specialist, Cindy West at 253-931-3002. Sincerely, e rey Bender, P.E. Project Engineer Public Works Department J B/cw/as Enclosure cc: Shawn Campbell, City Clerk Jacob Sweeting, Assistant Director of Engineering/City Engineer Debra Alvarez, Project Inspector Amanda DeSilver, Contract Admin Supervisor File 13.11 CP1930 ENG-017, Revised 12/18 AUBURN * MORE THAN YOU IMAGINED NON-FORMALLY BID PUBLIC WORKS CONTRACT NO. 19-24 Project No. CP1930, 2019 Citywide Crack Seal Project THIS CONTRACT is entered into between the City of Auburn, a Washington Municipal Corporation("City"), and Doolittle Construction, LLC ("Contractor"), whose mailing address is 1900 118th Avenue Southeast, Bellevue, WA 98005. 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<$35,000.00 and this contract was awarded using the Limited Public Works process as described in RCW 39.04.155. ❑ SMALL PUBLIC WORKS CONTRACT(SINGLE TRADE WORK): Engineer's Estimate<$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). ❑ Other ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 19-24 August 5,2019 Page I of 15 AGREEMENT 1) CONTRACTOR SERVICES The Contractor shall do all work and furnish all tools,materials and equipment for the construction of Project No. CP1930 in accordance with this Contract form. Scope of work is as follows: This major item of work consists of sealing cracks with rubberized asphalt sealant on various classified streets throughout the City of Auburn. 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. Appendix A—List of Standard Details& Standard Plans D. Appendix B—Prevailing Wage Rates E. Appendix C—Project Location Maps F. City of Auburn Construction Standards G. City of Auburn Design Standards H. 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. I. 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. J. Washington State Department of Labor&Industries Prevailing Wage Rates and Benefit Key Code effective the date the Contractor submitted the Construction Work Quote Form K. On the Contract plans, working drawings, and standard plans, figured dimensions shall take precedence over scaled dimensions. L. 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. ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 19-24 August 5,2019 Page 2 of 15 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 20 working days from the Notice to Proceed Date. 5) LIQUIDATED DAMAGES (CHECK ONE) ® Liquidated damages shall not apply to this contract. n Liquidated damages shall apply to this contract as follows: If said work is not completed within the time specified, the Contractor agrees to pay liquidated damages to the City as follows: A. To pay(according to the following formula) liquidated damages for each working day beyond the number of working days established for physical completion, and B. To authorize the Engineer to deduct these liquidated damages from any money due or coming due to the Contractor. C. Liquidated damages will not be assessed for any days for which an extension of time is granted. No deduction or payment of liquidated damages will, in any degree, release the Contractor from further obligations and liabilities to complete the entire Contract. Formula: Contract Price(without tax) x 0.15, divided by the original number of working days for completion. 6) HOURS OF WORK Work requiring lane restrictions, lane interruptions, and impacts to the traffic signal operations will not be permitted Monday through Friday between 6:00 am to 9:00 am and 2:00 pm to 7:00 pm . Should high volume hours differ from those specified, as determined by the Engineer, the Contractor shall adjust the hours of work accordingly. Exceptions to these restriction hours may be considered by the Engineer on a case by case basis following a written request by the Contractor. ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 19-24 August 5,2019 Page 3 of 15 All channelization for lane shifts,per direction of travel, shall be completed within the same work shift, unless otherwise approved by the Engineer. 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 N 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 Total Unit Bid Price, as specified above is seventy-nine thousand, four hundred twenty-five dollars ($79,425.00)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) ❑ 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 ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 19-24 August 5,2019 Page 4 of 15 "Declaration of Option for Performance Bond or Additional Retainage"to indicate his/her option. In either case, the Contractor can choose to have the retainage held by the City in a non-interest bearing account, have it placed in an Escrow(interest bearing) Account, or submit a bond in lieu of retainage. Said retainage shall be held by the City for a period of 30 days after the Completion Date, or until receipt of all necessary releases from the State Department of Revenue and State Employment Security Department, including Affidavits of Wages paid for the Contractor and each and every subcontractor, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. ❑ This contract is over, $150,000.00, therefore,the following applies: The City shall hold back retainage in the amount of 5%of any and all payments made to the Contractor pursuant to RCW 39.08.010. The Contractor can choose to have the retainage held by the City in a non-interest bearing account, have it placed in an Escrow (interest bearing)Account, or submit a bond in lieu of retainage. Said retainage shall be held by the City for a period of 30 days after the Completion Date, or until receipt of all necessary releases from the State Department of Revenue and State Employment Security Department, including Affidavits of Wages paid for the 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. 19-24 August 5,2019 Page 5 of 15 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. 19-24 August 5,2019 Page 6 of 15 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. I9-24 August 5,2019 Page 7 of 15 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. 19-24 August 5,2019 Page 8 of 15 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 for an invalid protest. B. Contractor's Duty to Complete Protested Work In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor's Acceptance of 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). E. Failure to Follow Procedures Constitutes Waiver ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 19-24 August 5,2019 Page 9 of 15 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) n 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. 19-24 August 5,2019 Page 10 of 15 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) n Submittals and formal Requests for Information(RFI) shall not be required for this contract. ® Submittals and Requests for Information(RFI) shall be as follows: A. Requests for Information (RFI's). RFI's shall be made electronically and shall be transmitted via e-mail to PWSubmittals@auburnwa.gov. The e-mail subject line of electronic RFI's shall include the following: Contract Number and Project Name/Number as applicable—RFI Title/Subject. Each e-mail shall be limited to 7 MB's in size. All RFI's shall accompany the City of Auburn "CIP Construction Request for Information" (RFI) form as a cover letter with enough information provided for the Engineer to respond accordingly. The time required to evaluate and review RFI's is not ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 19-24 August 5,2019 Page II of 15 the same for all RFI's. The Contractor shall allow a minimum of 10 calendar days,unless otherwise noted, for the Engineer to respond. B. Submittals. All submittals shall be made electronically and shall be transmitted via e- mail to PWSubmittals(a,auburnwa.gov. The e-mail subject line of electronic submittals shall include the following: <<<Project Number>>>, <<<Project Name>>> - "Submittal Title". Each electronic email shall be limited to 7 MB's in size. All electronic submittals shall be clear, sharp high contrast electronic files in Word 2007, Excel 2007 or PDF formats. All submittals shall accompany the City of Auburn "Request for Submittal Approval" (RSA) form. Any submittals made without the RSA form or without all of the required information on the form filled out by the Contractor shall be rejected without review. No additional compensation or time extension shall be granted for a Contractor not supplying this form as a cover letter for their submittals or for an improperly filled out form. The RSA form shall be completed by the Contractor as follows: • For any item being submitted to the City for review and approval for the first time, check the "New Submittal" box. The City will assign the item a submittal number. For items that have been previously submitted and require a re- submittal, check the "Re-submittal of No. " box and fill in the submittal number that was assigned by the City to the original submittal. For submittals that are providing Material Acceptance Documentation for a submittal that has been previously made, the Contractor shall check the "Material Acceptance Documentation for Submittal No. " box and fill in the submittal number that was assigned by the City for which the Contractor is supplying the acceptance documentation for. • Fill in the Contract Number(I.E. ## -##) and Contract/Project Name; • Fill in the Project Identifying Number(I.E. CP####); • Fill in the Date the Submittal was transmitted to the City; • Provide the Contractor's name and, if applicable, the name of Subcontractor or supplier who prepared the submittal; • The Contractor is strongly encouraged to submit only one material or item per RSA form, however if more than one material or item is listed on the form then provide a General Submittal Title that is applicable to the group. Do not group non-like materials or items on the same form; • When applicable,provide the Bid Item number the submittal is referencing; ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 19-24 August 5,2019 Page 12 of 15 • Provide a submittal description (be specific). For material submittals, provide the Type of Material, the Manufacturer's Product/Type, or the trade name of the product; • When applicable, provide the Name and the Location of the Fabricator or the Manufacturer's name or the Pit Number. This should be the actual manufacturer, not the supplier or distributor, • Provide the Contract Specification section number(s) or the page number the submittal material is referencing, or you can list the Plan Sheet number; and • For material submittals, indicate whether the submittal is requesting use of the WSDOT Qualified Product List (QPL) or if the submittal is a Request for Approval of Material (RAM) that is not in the QPL, by checking the appropriate box. For non-material submittals and for material acceptance documentation these boxes shall be left blank. If the Contractor elects to use a product listed in the QPL, the submittal documentation shall be prepared in accordance with the instructions in the WSDOT QPL program and shall be the most current list available at the time the product is proposed to be used. 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 ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 19-24 August 5,2019 Page 13 of 15 more instances, shall not be construed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect. F. Governing Law. This Contract shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and the Contractor under any of the provisions of this Contract, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the King County Superior Court,King County, Washington. G. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties'performance of this Contract, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however,nothing in this subsection shall limit the City's right to indemnification under Section 10 of this Contract. H. Written Notice. All communications regarding this Contract shall be sent to the parties at the addresses listed on the signature page of this Contract, unless otherwise notified. Any written notice shall become effective upon delivery,but in any event 3 calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Contract. I. Assignment. Any assignment of this Contract by the Contractor without the written consent of the City shall be void. 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. 19-24 August 5,2019 Page 14 of I5 IN WITNESS WHEREOF, the parties below have executed this Contract. DOOLITTLE CONSTRUCTION, LLC THE CITY OF AUBURN akki#1,6 (Signature) (Si ature) By AGt�� l / % By Nancy Backus (Print name here) Its /�5/Ly Its Mayor (Authorized representative) DATE: "/// ,�1 DATE: q° On Contractor's State License No. DOOLICL96000 State Tax Registration(UBI)No. 602 351 934 Federal Tax ID# 91-1504324 APPROVED AS TO FORM: Stcue-Gross, City Attorney Notices to be sent to: Notices to be sent to: DOOLITTLE CONSTRUCTION, LLC CITY OF AUBURN Attn: Aaron Kindt Attn: Jeffrey Bender 1900 118`h Avenue Southeast 25 West Main Street Bellevue, WA 98005 Auburn, WA 98001 Phone: 425.455.1150 Phone: 253.804.6053 E-mail: aaron_kindt@hotmail.com E-mail: jbender@auburnwa.gov ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO. 19-24 August 5,2019 Page 15 of 15 Construction Work Quote Form (for work not formally bid) City of Auburn— Public Works Department Work Description and General Requirements (To Be Completed by the City) Location of Work Varies. See attached Project Location Maps as provided in (fill in) Appendix C of this Contract. Scope of Work This major item of work consists of sealing cracks with (fill in,attach additional pages as needed) rubberized asphalt sealant on various classified streets throughout the City of Auburn. Time of.Completion (fill in blank) Work shall be completed within 20 working days. Liquidated Damages per Section 1-08.9 of ❑ Apply ® Do Not Apply the Construction Standards (check one) Prevailing Wages 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. Intent to Pay Prevailing Wage and affidavit forms are required. Retainage (check one) ® Minimum 5% Retainage is Required. ❑ This will be a Limited Public Works or Purchase Order Contract and City has waived the retainage requirement. Performance and Payment Bonds Per RCW 39.08.010,performance and payment bond(s)are required unless the cost is$150k or less, in which case the Contractor may opt to have 10% retainage withheld and the requirement for bonds waived. Insurance Requirements Certificate(s) of Insurance are Required. See insurance requirement in Section 1-07.18 of the Construction Standards. 1-Year Warranty per Section 1-05.10 of the ® Required ❑ Not Required Construction Standards (check one) Cost Basis ❑ Cost is a fixed lump sum amount. (check one) ❑ Cost is a not to exceed amount, that will be paid based on the Force Account (Section 1-09.6) method described in the Construction Standards. ® Cost is based on unit prices per attached pay item table. Contract Form ❑Purchase Order(Cost <S10k w/City Engineer Approval) (check one) ❑Limited Public Works Contract (Form ENG-059, Cost < S35k)* ®Small Public Work Contract (Form ENG-059, Cost<575.5k single trade or S116.155k multi trade) ❑Emergency Public Works Contract (Form ENG-059, Requires Mayor Declaration and Council Resolution) ' Limited public works must be followed per ACC 3.12.100 Contractor Quote (To Be Completed by the Contractor) Date: 53/2-77 4/ Contractor Name: DOoi-(77i co4/577 0A/ Address: Address: /`!DO /IST/-/ .,4frC SG� City: 6 Cit'EIAA State and Zip: L J A q;Qor Phone: 4/2.5 4' T3 //5 U Email: ccArovt�;.-teCf��'Ac-t-e4-lam;f. c i Base Cost $ 77, z42-5–. — Sales Tax*@ % $ . Total Cost $ -39 t/�5, — •For roadway/street work sales tax is not collected by the City,enter"N/A"under the sales tax amount,and note that Contractor is responsible for paying all applicable taxes including use tax. 0004-ILL CONTRACTOState License Number: q1 ©G 0 Signature of Representative /� Expiration Date: 2-/2 7i /2a2 Printed Name .-44,v2--, i�-/I Tax Registration Number: mac'2- Title //&*; / Federal Tax ID number: q/ _ /5-0(-0-2 ENG-260,Revised 7/19 Contractor Quote(To Be Completed by the Contractor) Continued Unit Price Pay Item Table (complete and attach this form to quote form for unit price based work) Item No' Description Qty. Unit Price Total Price 1 1-04 Minor Changes 3000 EST $ 1.00 $ 3,000.00 2 1-09 Mobilization 1 LS $9 oao- $ q oov -� 3 1-10 Traffic Control Supervisor 1 LS $2,soo- $ 2,-,-00 4 1-10 Traffic Control Labor(Min. Bid $44.33 per hour) 125 HR $ L t - $ s, 3.sc - 5 1-10 Sequential Arrow Sign 15 DAY $ /0 -' $ so - 6 1-10 Portable Changeable Message Sign 7 DAY $ $ /,9 2f 7 1-10 Outside Agency Uniformed Police Flagging Labor 750 EST $ 1.00 $ 750.00 8 5-04 Rubberized Asphalt for Crack Sealing 4.5 TON $ /2,tyro- $ S( 025-- 9 2r9 8-22 Plastic Stop Line(24 inch wide) 50 LF $ / - $ - 10 8-22 Plastic Crosswalk Line(24 inch wide) 150 SF $ / _ $ /5-0 - 11 8-22 Removing Plastic Line 50 LF $ /- $ 5-0 - 12 8-22 Removing Plastic Crosswalk Line 75 LF $ /- $ f - Sub-total of above items $ �-'t, 023-— Total Cost $ v9, L/2.7- - NOTE: Contractor shall include appropriate sales tax in each bid item price as applicable(Rule 171). Contractor Name: Doo/i 774/e 6:V7571-,'e ' GL 6- Contractor Representative's Signature: /ice 4L42 j'r6.�l�,st' ENG-260,Revised 7/19 * Declaration of Option CITY OF � p . -% For Performance Bond or P J± . Additional Retainage WASHINGTON (Contracts Under$150,000 only) Project No. CP1930, 2019 Citywide Crack Seal Contract No. 19-24 Note: This form must be submitted at the time the Contractor executes the Contract. The Contractor shall designate the option desired by checking the appropriate space. Doolittle Construction, LLC 1900 118th Avenue Southeast Bellevue, WA, 98005 The Contractor elects to: ❑ 1. Furnish a performance bond in the amount of the total contract sum, in which case the City shall hold back retainage in the amount of five percent (5%.) An executed performance bond on the required sum is included with the executed contract documents. X 2. Have the City retain, in lieu of performance bond, ten percent (10%) of the total contract amount for a period of thirty (30) days after final acceptance or until receipt of all necessary releases from the State Department of Revenue and the Department of Labor and Industries and settlement of any liens filed under Chapter 60.28 RCW, whichever is later. In choosing Option 2, the Contractor agrees that if the Contractor, its heirs, executors, administrators, successors, or assigns shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract, and shall faithfully perform all the provisions of such contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of the Contract that may hereafter be made, at the time and in the manner therein specified, and shall pay all laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or her part, and shall indemnify, defend and hold harmless the City of Auburn and its officials, agents, and employees from any claim for such payment, then the funds retained in lieu of a performance bond shall be released at the time provided in said Option 2; otherwise, the funds shall be retained until the Contractor fulfills the said obligations. Contractor Signature Printed Name .702,,,,29)-- Title 2 ,, -Title ,D/eS/41-11— Date '7Date qfil 77 ENG-114, Revised 11/18 Client#: 1492477 DOOLIACQ ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY)9/10/2019 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: USI Insurance Services NW CL PHONE (A/C,No,Ext):206 441-6300 FAx (A/C,No): 610-362-8530 601 Union Street,Suite 1000 E-MDRESAIL S: usi.certrequest@usi.com uest usi.com AD Seattle,WA 98101 INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Alaska National Insurance Company 38733 INSURED INSURER B: Doolittle Construction, LLC INSURER C: 1900 118th Ave SE INSURER D: Bellevue,WA 98005 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTRINSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY 19BPS08289 02/18/2019 02/18/2020 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE O(Ea RENTED $500,000 X PD Ded:1,000 MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY X ECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 19BAS08289 02/18/2019 02/18/2020Ea COMBINaccidenqSI $ eED NGLE LIMIT 1 000,000 (X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY (Per accident) X PD Ded:$1K $ A x UMBRELLA LIAB X OCCUR 18BLU08289 02/18/2019 02/18/2020 EACH OCCURRENCE $4,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $4,000,000 DED X RETENTION$10,000 $ A WORKERS COMPENSATION 19BPS08289 02/18/2019 02/18/2020 STATUTE X ERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N (WA Stop Gap) E.L.EACH ACCIDENT 51,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under I DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Job#19-24,2019 Citywide Crack Seal Project. The General Liability policy includes an automatic Additional Insured endorsement that provides Additional Insured status to City of Auburn,only when there is a written contract that requires such status,and only with regard to work performed on behalf of the named insured. CERTIFICATE HOLDER CANCELLATION City Of Auburn SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 25 West Main St. ACCORDANCE WITH THE POLICY PROVISIONS.' Auburn,WA 98001 AUTHORIZED REPRESENTATIVE I4rovief 442. I t ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S26543897/M25056684 SDCZP This page has been left blank intentionally. b�1.l Alaska National INSURANCE COMPANY 19BAS08289 BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Various provisions in this endorsement restrict SECTION IV — Business Auto Conditions, coverage. Read the entire policy carefully to Paragraph A. 5. — Transfer of Rights of Recovery determine rights, duties, and what is and is not Against Others To Us is amended,to include: covered. 5. Transfer of Rights of Recovery Against Throughout this policy, the words "you" and "your" Others to Us refer to the Named Insured shown in the Declarations. The words "we", "us", and "our" refer to This condition does not apply to any the company providing this insurance. person(s) or organization(s) to the extent that subrogation against that person or Other words and phrases that appear in quotation organization is waived prior to the "accident" marks have special meaning. Refer to SECTION V— or the "loss" under a contract with that person DEFINITIONS in the Business Auto Coverage Form. or organization. The coverages provided by this endorsement apply SECTION II — COVERED AUTO LIABILITY per "accident" and, unless otherwise specified, are COVERAGE, Paragraph A.2.a. (2) '- Supplementary subject to all of the terms, conditions, exclusions and Payments is replaced by the following: deductible provisions of the policy, to which it is attached. (2) Up to $10,000 for cost of bail bonds (including bonds for related traffic law SECTION II — COVERED AUTO LIABILITY violations) required because of an COVERAGE, Paragraph A.1. Who Is An Insured is "accident"we cover. We do not have amended to include: to furnish these bonds. d. Any "employee" of yours while operating SECTION II — COVERED AUTO LIABILITY an "auto" hired or rented under a COVERAGE, Paragraph A.2.a. (4) Supplementary contract or agreement in an "employee's" Payments is replaced by the following: name, with your permission, while performing duties related to the conduct (4) All reasonable expenses incurred by of your business. the "insured" at our request, including actual loss of earnings up to $500 a e. Any person or organization for whom you day because of time off from work. have agreed in writing to provide insurance such as is afforded by this Coverage Form, but only with respect to liability arising out of the ownership, maintenance or use of"autos"covered by this policy. If such person or organization has other insurance then this insurance is primary to and we will not seek contribution from the other insurance. ANIC CA 1150 10 13 Page 1 of 4 o®e Alaska National INSURCE COPANY c. "Loss" caused by falling objects or SECTION II — COVERED AUTO LIABILITY missiles. COVERAGE, Paragraph A.2.c.—Voluntary Property Damage is added as follows: However, you have the option of having glass breakage caused by a covered "auto's" c. Voluntary Property Damage collision or overturn considered a "loss" under Collision Coverage. At your written request, we may make a voluntary payment for Property Damage Glass Repair—Waiver of Deductible caused by an "insured", but without liability to a third party, up to$25,000.We No deductible applies to glass breakage, if will not make a Voluntary Property the glass is repaired rather than replaced. Damage payment to anyone who is an "insured" under this policy. SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph A.4.a. — Transportation Expenses is SECTION III — PHYSICAL DAMAGE COVERAGE, replaced by the following: Paragraph A.2.—Towing is replaced by the following: a. Transportation Expenses Towing We will pay up to $200 per day to a We will pay up to $500 for towing and labor maximum of $1,500 for temporary costs incurred each time a covered "auto" transportation expense incurred by you that is a: because of the total theft of a covered "auto"that is a: a. Private passenger; (1) Private passenger; b. Truck; (2) Truck; c. Pick-up truck; (3) Pick-up truck; d. Panel ; or (4) Panel; or e. Van (5) Van type vehicle under 20,000 lbs. of Gross Vehicle Weight is disabled. However, the type vehicle under 20,000 lbs. of Gross labor must be performed at place of Vehicle Weight. We will pay only for disablement. those covered "autos"for which you carry SECTION III — PHYSICAL DAMAGE COVERAGE, either Comprehensive or Specified Paragraph A.3. — Glass Breakage — Hitting a Bird forCauses of Loss Coverage. We will pay or Animal — Falling Objects or Missiles is replaced temporary transportation expenses by the following: incurred during the period beginninggs448 hours after the theft and ending, Glass Breakage—Hitting a Bird or Animal regardless of the policy's expiration, —Falling Objects or Missiles when the covered "auto" is returned to use or we pay for its"loss". If you carry Comprehensive Coverage for the damaged covered "auto", we will pay the following under Comprehensive Coverage: a. Glass Breakage; b. "Loss" caused by hitting a bird or animal; and ANIC CA 1150 10 13 Page 2 of 4 Alaska National INSURANCE COMPANY (2) Specified Causes of Loss only if the SECTION III — PHYSICAL DAMAGE COVERAGE, Declarations indicate that Specified Paragraph A.4.b. — Loss of Use Expenses is Causes of Loss Coverage is provided replaced by the following: for the "auto" withdrawn from service; or b. Loss of Use Expenses—Hired, Rented, (3) Collision only if ithe Declarations or Borrowed Automobiles indicate that Collision Coverage is provided for the 'auto" withdrawn We will pay expenses for which an from service. "insured" becomes legally responsible to pay for loss of use of a vehicle hired, SECTION III — PHYSICAL DAMAGE COVERAGE, rented or borrowed without a driver under Paragraph A.4.d. — Airbag Coverage is added as a written rental contract or agreement. follows: We will pay for loss of use expenses, if caused by: d. Airbag Coverage (1) Other than Collision, only if the We will pay for the costIto repair, replace, Declarations indicate that or reset an airbag that inflates for any Comprehensive Coverage is provided reason other than as a result of a for the vehicle withdrawn from collision, if the Declarations indicate that service. the covered "auto" has Comprehensive Coverage or Specified Causes of Loss (2) Specified Causes of Loss only if the Coverage. Declarations indicate that Specified Causes of Loss Coverage is provided SECTION III — PHYSICAL DAMAGE COVERAGE, for the vehicle withdrawn from Paragraph A.4.e. — Rental Reimbursement service. Coverage is added as follows: (3) Collision only if the Declarations e. Rental Reimbursement Coverage indicate that Collision Coverage is provided for the vehicle withdrawn We will pay up to $75 per day for rental from service. reimbursement expenses incurred by you for the rental of an "auto" because of However, the most we will pay for any "loss"to a covered "auto"that is a: expenses for loss of use is $200 per day, to a maximum of$1,500. (1) Private Passenger; SECTION III — PHYSICAL DAMAGE COVERAGE, (2) Truck; Paragraph A.4.c. —Non-Transportation Loss of Use Expenses is added as follows: (3) Pick-up truck; c. Non-Transportation Loss of Use (4) Panel; or Expenses (5) Van We will pay up to $2,000 for non- transportation expense incurred by you, type vehicle under 20,000 lbs. of Gross because of "loss" to a covered "auto", if Vehicle Weight. Payment applies in caused by: addition to the otherwise applicable amount of each coverage you have on a (1) Other than Collision, only if the covered "auto". No deductibles apply to Declarations indicate that this coverage. Comprehensive Coverage is provided for the "auto"withdrawn from service; ANIC CA 1150 10 13 Page 3 of 4 AtiiiAlaska National SURANCE COPANY (1) We will pay only for those expenses SECTION IV — BUSINESS AUTO CONDITIONS — incurred during the policy period Paragraph B.5.b. — Other Insurance is replaced by beginning 24 hours after the "loss" the following: and ending, regardless of the policy's expiration, with the lesser of the b. For Hired Auto Physical Damage following number of days: Coverage, the following are deemed to be covered "autos"you own: (a) The number of days reasonably required to repair or replace the (1) Any covered "auto" you lease, hire, covered "auto". rent, or borrow; and (b) 30 days. (2) Any covered "auto— hired or rented by your "employee" under a contract (2) This coverage does not apply while in that individual "employee's" name, there are spare or reserve "autos" with your permission, while available to you for your operations. performing duties related to the conduct of your business. (3) The Rental Reimbursement Coverage described above does not However, any "auto" that is leased, hired, apply to a covered "auto" that is rented or borrowed with a driver is not a described or designated as a covered covered "auto". "auto" on Rental Reimbursement Coverage Form CA 99 23. SECTION V — DEFINITIONS — Paragraph C. — SECTION IV — BUSINESS AUTO CONDITIONS — "Bodily injury" is replaced by the following: Paragraph B.2. — Concealment, Misrepresentation Or Fraud is amended by adding Unintentional Failure C. "Bodily injury" means bodily injury, sickness or to Disclose Hazards at the end of Paragraph B.2. as disease sustained by a person including death or follows: mental anguish resulting from any of these. Mental anguish means any type of mental or Unintentional Failure to Disclose Hazards emotional illness or disease If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured Endorsement No. Countersigned By ©Insurance Services Office, Inc., 2009 ANIC CA 1150 10 13 Page 4 of 4 _ Alaska National INSURCE COPANY 19BPS08289 CONTRACTORS' GENERAL LIABILITY ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. SCHEDULE OF COVERAGES ARE SUMMARIZED BELOW 1. Miscellaneous Additional Insureds 14. In Rem Actions 8 additional insured extensions. 1. MISCELLANEOUS ADDITIONAL INSUREDS Primary and Noncontributory Insurance Section II Who Is An Insured is amended to 2. Damage To Premises Rented to You include as an additional Insured any person or Limit increased to$500,000. organization described in 'Paragraphs 2.a. through 2.h. below whom you are required to add 3. Medical Payments as an additional insured on this policy under a Limits increased to $15,000. written contract or written agreement. However, Reporting period increased to three years from the written contract or written agreement must be: the date of accident. 1. Currently in effect or becoming effective 4. Non-owned Watercraft during the term of this policy; and Increased to 50 feet. 2. Executed prior to the "bodily injury", 5. Supplementary Payments "property damage" or"personal injury and Cost of bail bonds increased to $10,000. advertising injury", but Daily loss of earnings increased to$500. Only the following persons or organizations 6. Newly Formed Or Acquired Organizations are additional insureds under this Coverage extended to the end of the policy period endorsement and coverage provided to such or the next anniversary of this policy's effective additional insureds is limited as provided date. herein: 7. Liberalization Clause a. State or Governmental Agency or Subdivision or Political Subdivi- 8. Unintentional Failure To Disclose Hazards sions 9. Notice of Occurrence Any state or governmental agency or subdivision or political subdivision 10. Broad Knowledge of Occurrence that has issued a permit in connection with operations performed 11. Bodily Injury - Extension of Coverage by you or on your behalf and that you 12. Expected Or Intended Injuryare required by any ordinance, law or p building code to, include as an Reasonable force - bodily injury or property additional insured i on this coverage damage. part is an additional insured, but only with respect to liability for "bodily 13. Blanket Waiver of Subrogation injury", "property damage", "personal Waiver of subrogation where required by written and advertising injury" arising out of contract or written agreement. such operations. ANIC GL 1187 07 16 Page 1 of 6 AlAlaska National em- SURANCE COPANY The insurance provided to such state e. Owners or Other Interests From or political subdivision does not apply Whom Land Has Been Leased to any "bodily injury", "property damage" or"personal and advertising An owner or other interest from whom injury" arising out of operations land has been leased by you but only performed for that state or political with respect to liability arising out of subdivision. the ownership, maintenance or use of that specific part of the land leased to b. Controlling Interest you and subject to the following additional exclusions: Any persons or organizations with a controlling interest in you but only This insurance does not apply to: with respect to their liability arising out of: (1) Any "occurrence" which takes place after you cease to lease (1) Their financial control of you, or that land; or (2) Premises they own, maintain or (2) Structural alterations, new con- control while you lease or occupy struction or demolition operations these premises. performed by or on behalf of such additional insured. This insurance does not apply to structural alterations, new construc- f. Co-owner of Insured Premises tion and demolition operations performed by or for such additional A co-owner of a premises co-owned insured. by you and covered under this insurance but only with respect to the c. Managers or Lessors of Premises co-owners liability as co-owner of such premises. A manager or lessor of premises but only with respect to liability arising out g. Lessor of Equipment of the ownership, maintenance or use of that specific part of the premises Any person or organization from leased to you and subject to the whom you lease equipment. Such following additional exclusions: person or organization is an additional insured only with respect to This insurance does not apply to: their liability for "bodily injury", "property damage" or "personal and (1) Any "occurrence" which takes Advertising injury" caused, in whole place after you cease to be a or in part, by your maintenance, oper- tenant in that premises; or ation or use of equipment leased to you by such person or organization. (2) Structural alterations, new con- A person's or organization's status as struction or demolition operations an additional insured under this performed by or on behalf of endorsement ends when their written such additional insured. contract or written agreement with you for such leased equipment ends. d. Mortgagee, Assignee or Receiver With respect to the insurance A mortgagee, assignee or receiver afforded these additional insureds, but only with respect to their liability the following additional exclusions as mortgagee, assignee, or receiver apply: and arising out of the ownership, maintenance, or use of a premises by This insurance does not apply: you. (1) To any "occurrence" which takes This insurance does not apply to place after the equipment lease structural alterations, new construc- expires; or tion or demolition operations performed by or for such additional insured. ANIC GL 1187 07 16 Page 2 of 6 air Alaska National SURANCE COPANY (2) To "bodily injury", "property additional insured. However, damage", or "personal and even if coverage within the advertising injury" arising out of "products-completed operations the sole negligence of such hazard" is required by the written additional insured. contract, such coverage is available to the!additional insured h. Owners, Lessees or Contractors only if the "bodily injury" or "property damage"occurs prior to (1) Such person or organization is an the end of the time period during additional insured for "bodily which you are required by the injury", "property damage" and written contract to provide such "personal and advertising injury" coverage or the;expiration date of if, and only to the extent that, the the policy, whichever comes first. injury or damage is caused by negligent acts or omissions of Any insurance provided to an additional you or your subcontractor in the insured designated under Paragraphs 2.a. performance of "your work" to through 2.g. above does not apply to "bodily which the written contract injury" or "property damage" included within applies. This person or organi- the products-completed operations hazard." zation does not qualify as an additional insured with respect to Primary And Noncontributory Insurance injury or damage caused in whole or in part by independent The following is added to the!Other Insurance negligent acts or omissions of Condition and supersedes any provision to the such person or organization. contrary: (2) However, this insurance does not apply to "bodily injury", "property This insurance is primary to and will not seek contribution from any other insurance available to damage" or "personal and advertising injury" arising out of an additional insured under your policy provided an architect's, engineer's, or that: surveyor's rendering of or failure to render any professional (1) The additional insured is a services including: Named Insured under such other insurance; and i. the preparing, approving, or failing to prepare or approve (2) You have agreed in writing in a maps, drawings, opinions, contract or agreement that this reports, surveys, change insurance would be primary and orders, design or would not seek contribution from specifications; and any other insurance available to the additional insured. ii. supervisory, inspection, or Section III - Limits of Insurance, the following is engineering services. added: (3) The insurance provided to this With respect to the insurance afforded to the additional insured, does not additional insureds described in Paragraphs a. cover "bodily injury" or "property through h. above, the most we;will pay on behalf damage" caused by your of such additional insured is the amount of negligent acts and omissions in the performance of "your work" insurance: that occurs within the "products- completed operations hazard", (1) Required by the contract or unless the written contract agreement; or contains a specific requirement that you procure completed (2) Available under the applicable operations coverage or coverage Limits of Insurance shown in the within the "products-completed Declarations; operations hazard" for the whichever is less. ANIC GL 1187 07 16 Page 3 of 6 y Alaska National uut\ SURANCE COPANY This provision shall not increase the applicable 4. NON-OWNED WATERCRAFT Limits of Insurance shown in the Declaration. A. If endorsement CG 21 09, CG 21 10, CG 24 2. Damage To Premises Rented to You 50, or CG 24 51 is attached to the policy, Paragraph A. 2. g. (2) (b) is replaced by the SECTION III — LIMITS OF INSURANCE, following: Paragraph 6. is replaced by the following: (b) A watercraft that you do not 6. Subject to Paragraph 5. above, the own that is: Damage to Premises Rented to You Limit is the most we will pay under Coverage A (i) Less than 50 feet long: for damages because of "property and damage" to any one premises, while rented to you, or in the case of damage (ii) Not being used to carry by fire, while rented to you or temporarily persons or property for a occupied by you with permission of the charge. owner. B. If Paragraph A. does not apply, Paragraph g. If a limit is shown for Damage to Premises (2) of 2. EXCLUSION under SECTION I — Rented to You the most we will pay under COVERAGES, COVERAGE A — BODILY Coverage A for damages because or "property INJURY AND PROPERTY DAMAGE damage" to any one premises is the Limit shown LIABILITY is replaced by the following: in the Declarations or $500,000, whichever is greater. (2) A watercraft that you do not own that is: 3. MEDICAL PAYMENTS (a) Less than 50 feet long; and A. Section III— Limits of Insurance, Paragraph 7. is replaced by the following: (b) Not being used to carry persons or property for a 7. Subject to Paragraph 5. above the charge. Medical Expense Limit is the most we will pay under Coverage C for all medical 5. SUPPLEMENTARY PAYMENTS expenses because of "bodily injury" sustained by any one person. A. Under Section I -Supplementary Payments - Coverage A and B, Paragraph 1.b., the If a limit is shown for Medical Expense in limit of $250 shown for the cost of bail bonds the Declarations the most we will pay is replaced by$10,000; under Coverage C for all medical expenses because of "bodily injury" B. In Paragraph 1.d., the limit of$250 shown for sustained by any one person is the Limit daily loss of earnings is replaced by$500. shown in the Declarations or $15,000, whichever is greater. 6. NEWLY FORMED OR ACQUIRED ORGANIZATIONS B. This provision 5. (Medical Payments) does not apply if Section I - Coverage C Medical Paragraph 3.a. of Section ll -Who Is An Insured Payments is excluded either by the is deleted and replaced by the following: provisions of the Coverage Part or by endorsement. Coverage under this provision is afforded only until the end of the policy period or the next C. Paragraph 1.a.(3)(b) of Section I -Coverage anniversary of this policy's effective date after you C - Medical Payments, is replaced by the acquire or form the organization, whichever is following: earlier. (b) The expenses are incurred and reported to us within three years of the date of the accident; and ANIC GL 1187 07 16 Page 4 of 6 isAlaska National INSURANCE COMPANY 7. LIBERALIZATION CLAUSE 10. BROAD KNOWLEDGE OF OCCURRENCE If we adopt a change in our forms or rules which The following is added to Paragraph 2. of Section would broaden coverage for contractors under IV - Commercial General Liability Conditions - this endorsement without an additional premium Duties in The Event of Occurrence, Offense, charge, your policy will automatically provide the Claim or Suit: additional coverages as of the date the revision is effective in your state. You must give us or our authorized representative notice of an "occurrence", offense, claim, or"suit" 8. UNINTENTIONAL FAILURE TO DISCLOSE only when the "occurrence", offense, claim or HAZARDS "suit' is known to: SECTION IV — COMMERCIAL GENERAL (1) You, if you are an individual; LIABILITY CONDITIONS — Paragraph 6. — Representations is replaced by the following: (2) A partner, if you are a partnership; 6. Representations (3) An executive officer or the By accepting this policy, you agree: employee designated by you to give such notice, if you are a a. The statements in the Declarations are corporation; or accurate and complete; (4) A manager, if you are a limited b. Those statements are based upon liability company. representations you made to us; and 11. EXPANDED BODILY INJURY c. We have issued this policy in reliance Section V - Definitions, the definition of "bodily upon your representations. injury" is changed to read: The unintentional omission of, or "Bodily injury" means bodily injury, sickness or unintentional error in, any information you disease sustained by a person, including death, provided to us which we relied upon in humiliation, shock, mental anguish or mental issuing this policy will not prejudice your injury by that person at any time which results as rights under this insurance. However, this a consequence of the bodily injury, sickness or provision does not affect our right to collect disease. additional premium or to exercise our rights of cancellation or nonrenewal in accordance 12. EXPECTED OR INTENDED INJURY with applicable laws and regulations. Exclusion a. of Section I - Coverage A - Bodily 9. NOTICE OF OCCURRENCE Injury and Property Damage Liability is replaced by the following: The following is added to Paragraph 2. of Section IV - Commercial General Liability Conditions - a. "Bodily injury" or "property damage" Duties In The Event of Occurrence, Offense, expected or intended from the Claim or Suit: standpoint of the insured. This exclusion does not, apply to "bodily Your rights under this Coverage Part will not be injury" or "property damage" resulting prejudiced if you fail to give us notice of an from the use of reasonable force to "occurrence", offense, claim or "suit" and that protect persons or property. failure is solely due to your reasonable belief that the "bodily injury" or "property damage" is not covered under this Coverage Part. However, you shall give written notice of this "occurrence", offense, claim or "suit" to us as soon as you are aware that this insurance may apply to such "occurrence", offense, claim or"suit." ANIC GL 1187 07 16 Page 5 of 6 nkfil-92Alaska NationalINSURANCE o PANY 13. BLANKET WAIVER OF SUBROGATION However, this waiver applies only when you have agreed in writing to waive such rights of recovery The Transfer Of Rights Of Recovery Against in a contract or agreement, and only if the Others To Us Condition (Section IV - contract or agreement: Commercial General Liability Conditions) is amended by the addition of the following: 1. Is in effect or becomes effective during the term of this policy; and We waive any right of recovery we may have against any person or organization because of 2. Was executed prior to loss. payments we make for injury or damage arising out of: 14. IN REM ACTIONS 1. Your ongoing operations; or Any action in rem against any vessel owned, operated by or for, or chartered by or for you will 2. "Your work" included in the "products- be treated in the same manner as though the completed operations hazard." action were in personam against you. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured Endorsement No. Countersigned By Includes copyrighted material of Insurance Services Office, Inc., with its permission ANIC GL 1187 07 16 Page 6 of 6 Page 1 of 2 Consumer tools Agent and Company Lookup Orders Independent Review Decisions ALASKA NATIONAL 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: ALASKA NATIONAL INSURANCE COMPANY Registered address Mailing address Corporate family group: n/a 0 7001 JEWEL LAKE RD 7001 JEWEL LAKE RD Organization type: PROPERTY ANCHORAGE, AK 99502 ANCHORAGE, AK 99502 Doing Business As (DBA): Unavailable Telephone Telephone WAOIC: 24 907-248-2642 907-248-2642 NAIC: 38733 Status: ACTIVE Admitted date: 06/25/1984 Ownership type: STOCK back to top Company change history o. •Vi4w changes' " " • back to top Types of coverage authorized to sell o Insurance types Casualty Marine Ocean Marine Property Surety Vehicle back to too Agents and agencies that represent this company (Appointments) 0 View agents View agencies back to top Company complaint history o View complaints back to too httn.c•//fnrtrecs wa_anv/nic/ennsnrnertnnikit/Cmmnanv/C.mmnanvPrnfile ncnx7WAC)TC=74 9/11/7(110 Page 2 of 2 Orders issued since 2010 0. No orders are found back to too Premium tax filings by tax year o 2018 2017 2016 2015 2014 back to too National information on insurance companies Want more information about this company? The NAIC's Consumer Information (CIS) page allows you to retrieve national financial and complaint information on insurance companies, plus has information and tips to help you understand current insurance issues. back to top Ratings by financial organizations The following organizations rate insurance companies on their financial strength and stability. Some of these companies charge for their services. 'A.M. Best Weiss Group Ratings Standard and Poor's Corp 'Moody's Investors Service Fitch IBCA, Duff 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=24 9/11/2019 Page 1 of 7 113 Shares Alaska National Insurance Company AM Best#: 002648 NAIC#: 38733 FEIN#: 92-0077654 Address: 7001 Jewel Lake Road Anchorage, AK 99502-2825 UNITED STATES Phone: 907-248-2642 'Fax: 907-266-9252 ,Web: www.alaskanational.com Follow 141 Print this page Best's Credit Ratings Financial Strength Rating View Definition Rating: A (Excellent) I � Financial Size Category: X ($500 Million to $750 Million) Outlook: Stable Action: Affirmed Effective Date: September 19, 2018 • Initial Rating Date: June 30, 1987 Long-Term Issuer Credit Rating View Definition Long-Term: a+ Outlook: Stable Action: Affirmed • Effective Date: September 19, 2018 Initial Rating Date: June 18, 2007 u Denotes Under Review Best's Rating • • • 1-11-tn•//rnncnn1arc anihaet rnrr,/I nnlnat JDvrT,lr. acr,v9RT =2 )AA09 DDD= n/1 1 /7h1 n Page 2"Tf 7 Licensing: Licensed Territory: (Current since 12/04/2014).The company is licensed in AL, AK, AZ, CA, CO, FL, HI, ID, IL, IA, KS, LA, MN, MS, MO, MT, NV, NM, ND, OK, OR, SD, TX, UT, WA and WY. http://consumers.ambest.com/CompanyProfile.aspx?BL=36&ambnum=002648&PPP= 9/11/2019