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HomeMy WebLinkAbout25-088.00InlandAsphaltCompanySpraguePreservationatSR27CIP0364Contract This agreement is entered into this day of S4 , 2025, between the City of Spokane Valley ("City") and Inland Asphalt Company("Contractor"), pursuant to Title 35 RCW, as adopted or amended. In consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties agree as follows: 1. The Contractor shall do all work and furnish all tools, materials, and equipment for: Sprague Preservation at SR27 Project #0364 Contract 25-088 in accordance with and as described in the Contract Documents. The "Contract Documents" are defined to include the following: this Contract, the Contract Provisions and Plans for CIP No. 0364, the 2025 Standard Specifications for Road, Bridges, and Municipal Construction as prepared by the Washington State of Department of Transportation ("Standard Specifications" available online on WSDOT's website), Addenda (as defined in the Standard Specifications), the Contractor's completed and submitted Bid Proposal Documents, Special Provisions for CIP No. 0364, including the WSDOT Standard Plans and City Standard Plans identified therein, Performance and Payment bonds (attached hereto as Exhibits A and B respectively), all change orders and contract amendments signed by both Parties after the date this Contract has been fully executed, as well as all documents, exhibits, appendices, and attachments to or referenced in any of the aforementioned Contract Documents. All Contract Documents listed here are incorporated herein by reference and made a part hereof. To the extent any documents are incorporated by reference into the Standard Specifications and/or Special Provisions, they are incorporated herein by reference and made part of the Contract Documents. Contractor shall perform any changes in the work in accord with the Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor, of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in these Contract Documents except those items mentioned therein to be furnished by the City. Il. The City hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same in accord with the project plans and specification and the terms and conditions herein contained and hereby contracts to pay for the same according to the referenced specifications and the schedule of unit or itemized prices at the time and in the manner and upon the conditions provided for in this contract. Ill. The Contractor for himself/herself, and for his/hers heirs, executors, administrators, successors, and assigns, does hereby agree to full performance of all covenants required of the Contractor in the contract. IV. It is further provided that no liability shall attach to the City by reason of entering onto this contract, except as provided herein. V. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation or arbitration (including expert witness fees). City of Spokane Valley C-1 Contract Documents Sprague Preservation at SR27 Project VI. The project was awarded for the bid amount of S 2,006,789.00 IN WITNESS WHEREOF, the Contractor has executed this instrument, on the date below, and the City has caused this instrument to be executed on the date stated above. Executed by Contractor , 2025. Date Printed Name ff)a-naa e Title City of Spokane Valley John Hohman Printed Name Cily Manager Title Si nature City of Spokane Valley C-2 Contract Documents Sprague Preservation at SR27 Project L'NaTY OF jne Valley BOND NO: 9486197 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley, Washington CPM Development Corporation dba Inland The City of Spokane Valley, Spokane County, Washington, has awarded to Asphalt Company (Contractor), as Principal, a contract for the construction of the project designated as Sprague Preservation at SR271 Project No. 0364 in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to furnish a performance bond in accordance with chapter 39.08 Revised Code of Washington (RCW). The Principal, and Fidelity & Deposit Company of Maryland (Surety), a corporation, organized under the laws of Illinois and licensed to do business in the State of Washington as surety and named in the current list of "Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Dept., are jointly and severally held and firmly bound to the City of Spokane Valley, as Obligee, in the sum of $ 2,006,789.00 total Contract amount (including Washington State sales tax), subject to the provisions herein. This performance bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions of all duly authorized modifications, additions, and changes to said Contract that may hereafter be made, at the time and in the manner therein specified; shall warranty the work as provided in the Contract and shall indemnify and hold harmless the Obligee from any defects in the workmanship and materials incorporated into the work for the period identified in the Contract; and if such performance obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts, and shall be signed by the parties' duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCIPAL (CONTRACTOR) SURETY CPM Development Corporation dba Inland Asphalt Company q Z- Fidelity & Deposit Company of Maryland - 9/8/2025 Principal Signature ��4N 1111 r , , Surety Signature - Date ` MEN T C fd •�•p ens ��m1t�' �. Q•••�A�. O,Q1:i Olga Iglesias / -- _ `r�s ' PrinSd v F Printed Name Name � �� p 't p — S+ hS� Man W SE OF_• y Attorney -In -Fact Title ti$,' ,�Os 0 : Title Name, address, and telephone of local officeKent d et�t°ompany is: Marsh USA, LLC 830 Brickell Plaza, Suite 3300 Miami, FL 33131 - (305) 482-9075 City of Spokane Valley C-3 Contract Documents Sprague Preservation at SR27 Project BOND NO: 9486197 CONTRACTOR'S PAYMENT BOND (FEDERALLY FUNDED PROJECT) to City of Spokane Valley, Washington CPM Development Corporation dba Inland The City of Spokane Valley, Spokane County, Washington, has awarded to Asphalt Company (Contractor), as Principal, a contract for the construction of the project designated as Sprague Preservation at SR27, Project No. 0364 in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to furnish a payment bond in accordance with chapter 39.08 Revised Code of Washington (RCW) and chapter 60.28 RCW. The Principal, and Fidelity & Deposit Company of Maryland (Surety), a corporation organized under the laws of Illinois and licensed to do business in the State of Washington as surety and named in the current list of "Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Dept., are jointly and severally held and firmly bound to the City of Spokane Valley, as Obligee, in the sum of $ 2,006,789.00 total Contract amount, subject to the provisions herein. This payment bond shall cover any and all taxes incurred pursuant to Titles 50 and 51 RCW, taxes imposed on the Principal pursuant to Title 82 RCW, and any additional sales taxes. This payment bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall pay all persons in accordance with chapters 39.08, 39.12, and 60.28 RCW, including all workers, laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work; shall pay all taxes due pursuant to Titles 50, 51, and 82 RCW; and shall indemnify and hold harmless the Obligee from all loss, cost, or damage which Obligee may suffer by reason of the failure of Principal to make such required payments; and if such payment obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, except as provided herein, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts, and shall be signed by the parties' duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCIPAL (CONTRACTOR) SURETY CPM Development Corporation dba Inland,_% 1111111 O1r,. Fidelity & Deposit Company of Maryland - 9/8/2025 O SSp7E OF 4SHIN�?A��g10.: fflllllil�� Principal Signature Surety Signature Date Olga Iglesias _ = _ Printed Name arm -SEAL Attorney -In -Fact Title Name, address, and telephone of local office/agent of Surety Company is: Marsh USA, LLC 830 Brickell Plaza, Suite 3300 Miami, FL 33131 - (305) 482-9075 City of Spokane Valley C-4 Contract Documents Sprague Preservation at SR27 Project ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Christopher Nolan, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Olga Iglesias , its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertaldngs, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 31 st day of March, A.D. 2025. 11 'ItIkIL, / By: Christopher Nolan Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Po �4 oQ,, "o"t Co O°iiQ POq`y�•tic=y USEALm}�= t�,IOP���q�'`�aa, -SEAL mto _ =3 20 mFVO '_Ts SEAL JJp On this 31st day of March, A.D. 2025, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Christopher Nolan, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seats and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. S�oE�!y Genevieve M. Maison Notary Public My Commission Expire January 27, 2029 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 8th day of September 2025 nir,rr„ r .,, `�o`Go�iNsuggti .., r, `�,••"osd Comp'.. -s ma's fO"oc�asualtyy�a rlo POggMOS O°i p.P Oq�titia SEAL =_ _5: SEAL ice= _Wz°SEALm'�= J �,ioa3- �"irrrrrrrrrW���`"�� rrrrir���r��� � rriirrrr Thomas O. McClellan Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.renortsfclaimsa,zurichna.com 800-6264577 DATE (MM/DD/YYYY) ACC? " CERTIFICATE OF LIABILITY INSURANCE �.�1 9/11 /2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTNAME: Reece LibertyMutual Insurance Co. National Insurance East PHONE ---_Valerie FAX 500 N3rd St, Suite 300 A/c N E:: 513-867-3822 'IC,No: Wausau, WI 54403 ADDRESS: Oldcastle.certs Liber Mutual.com www.LibertyMutual.com INSURED CPM Development Corporation (120-SPO) dba Inland Asphalt Company 5111 E. Broadway Avenue Spokane WA 99212 INSURER C : INSURER E: I AFFORDING COVERAGE Fire Insurance Comp COVERAGES CFRTIFICATF NtIMRFR- A7l?lpQn RFVISION NIIMRFR- 23035 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'',-SUER -- -- - - - POLICY EFF POLICY EXP OLICY NUMBER MM/OD/YYYY MM/DD/YY LIMITS LT POLICY A �/ COMMERCIAL GENERAL LIABILITY �/ �/ TB2-C81-004095-115 9/1/2025 9/1/2026 EACH OCCURRENCE $2,000,000 CLAIMS -MADE OCCUR Primary/Non-Contributory XCU Coverage Included DAMAGE To RENTED PREMISES Ea occurrence $300,000 ✓ MED EXP (Any one person) $ 50 000 ✓ Separation of Insured PERSONAL & A_DV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $2,000,000 POLICY ✓� PEC LOC PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY ✓ ✓ AS2-C81-004095-125 9/1/2025 9/1/2026 ED Eea.".n13wGLEUMIT $2,000,000 ✓ BODILY INJURY (Per person) $ ANY AUTO A OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY AS2-C81-054502-525 9/1/2025 Ph Physical Dama a only: y g y' Comprehensive Ded $10,000 9/1/2026 BODILY INJURY (Per accident) $ ParOa cdenDAMAGE $ - - $ Collision Ded $10 000 UMBRELLALIAB OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ EXCESS LIAB DED RETENTION $ $ B �OFFICER/MEMBEREXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE ❑N N/A:, ✓ WA7-C8D-004095-025 9/1/2025 All except OH, ND, WA, WY 9/1/2026 PEROT- �/ ST TUTE ERH E.L. EACH ACCIDENT - $ 1 000,000 E.L. DISEASE - EA EMPLOYEE $1 0.000 B (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below WC7 C81-004095-015 9/1/2025 WI MN 9/1/2026 E.L. DISEASE - POLICY LIMIT __-- $ 1 000 000 A (Washington Stop Gap TB2-C81-004095-115 9/1/2025 9/1/2026 BI Each Accident $3,000,000 Employers Liability Coverage BI Aggregate Limit $3,000,000 BI Each Employee $3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Sprague Preservation at SR 27 Certificate Holder is listed as additional insured with regards to the general liability policy (for ongoing & completed) and Auto Liability policies. on a primary and non-contributory basis, where required by written contract. Waiver of subrogation is included in favor of the additional insured, where required by written contract, and where allowed by law. Thirty -Day Notice of Cancellation included. CERTIFICATE HOLDER CANCELLATION Cityy of Spokane Valley 10210 E. Sprague Avenue Spokane Valley WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Valerie Reece © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 87121890 1 8-004099 1 09.25-09.26 Standard 10-2 WA 5to ,ao Excess AUTO I Excl:XS OT4 ; St.-- Wells 1 9/11/2025 12:23:46 PM (EDT1 I Paae 1 of 1`. AGENCY CUSTOMER ID: 8-004095 LOC #: ,4� oR0 ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Liberty Mutual Insurance Co. National Insurance East db M Inland lAspphalt Company n (120-SPO) 5111 E. Broadway Avenue POLICY NUMBER Spokane WA 99212 WA7-C8D-004095-025 CARRIER NAIC CODE Liberty Insurance Corporation 42404 EFFECTIVE DATE: 9/1/2025 AUUI I IUNAL KtMAK1%J THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance (03/16) HOLDER: City of Spokane Valley ADDRESS: 10210 E. Sprague Avenue Spokane Valley WA 99206 Washington WC SIR EW2-68N-054718-665 9/1/2025-9/1-2026 WC: Statutory EL Limit: $1,000,000 SIR: $2,000,000 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ATTACHMENT 87121890 1 8-004095 1 09.25-09.26 Standard 10-2 WA Ston Gan Excess AUTO I EXcl:X9 OT4 I Stacv Wells 1 9/11/2025 12:23:46 PM (EDT) 1 Paae 2 of 1., Policy Number: AS2-C81-004095-125, AS2-C81-054502-525 Issued by: Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s) or Organ izations(s): Any person or organization where the Named Insured has agreed by written contract to include such person or organization Regarding Designated Contract or Project: Any Each person or organization shown in the Schedule of this endorsement is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. AC 84 23 08 11 © 2010, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 87121890 1 8-004095 1 09.25-09.26 Standard 10-2 WA Stop Gao Excess AUTO I Excl:XS OT4 I Stacv Wells 1 9/11/2025 12:23:46 PM (EDT) I Paae 3 of 15 POLICY NUMBER: AS2-C81-004095-125, AS2-C81-054502-525 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization for whom you perform work under a written contract if the contract requires you to obtain this agreement from us, but only if the contract is executed prior to the injury or damage occurring. Premium: $ INCL Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 87121890 1 8-004095 1 09.25-09.26 Standard 10-2 WA Stov Gao Excess AUTO I Excl:%S OT4 I Stacv Wells 1 9/11/2025 12:23:46, PM (EDT) I Face 4 of 1 POLICY NUMBER AS2-C81-004095-125 COMMERCIAL AUTO CA99481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION LIABILITY - BROADENED COVERAGE FOR COVERED AUTOS - BUSINESS AUTO AND MOTOR CARRIER COVERAGE FORMS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. Covered Autos Liability Coverage is changed as follows: 1. Paragraph a. of the Pollution Exclusion applies only to liability assumed under a contract or agreement. 2. With respect to the coverage afforded by Paragraph A.1. above, Exclusion B.6. Care, Custody Or Control does not apply. B. Changes In Definitions For the purposes of this endorsement, Paragraph D. of the Definitions Section is replaced by the following: D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants", or 2. Any claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants". CA99481013 "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or b. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraphs a. and b, above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. Premium: INCL (D Insurance Services Office, Inc., 2011 Page 1 of 1 8712189C 1 8-004095 1 09.25-09.26 Standard 10-2 WA Stoo Gar) Egress AUTO I Excl:XS OT4 I Stacy Wells 1 9/11/2025 12:23:46 PM (EDT) I Pane 5 of 15 Policy Number: AS2-C81-004095-125, AS2-C81-054502-525, TB2-C81-004095-115 Issued By: Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following. - BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF -INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Name of Other Person(s)/ Organization(s): Email Address or mailing address: Number Days Notice: Where required by written contract Where required by written contract 90 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 01 05 11 © 2011, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 87121890 1 8-004095 1 09.25-09.26 Standard 10-2 WA StOD Gao Excess AUTO I Excl:XS OT4 I Stacv Wells 1 9/11/2025 12:23:46 PM (EDT) I Paae 6 of 15 744 POLICY NUMBER: TB2-C81-004095-115 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. For all sums which the insured becomes legally B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- obligated to pay as damages caused by rences" under Section I — Coverage A, and for all "occurrences" under Section I — Coverage A, and medical expenses caused by accidents under for all medical expenses caused by accidents Section I — Coverage C, which can be attributed under Section I — Coverage C, which cannot be only to ongoing operations at a single designated attributed only to ongoing operations at a single construction project shown in the Schedule below: designated construction project shown in the 1. A separate Designated Construction Project Schedule below: General Aggregate Limit applies to each des- 1. Any payments made under Coverage A for ignated construction project, and that limit is damages or under Coverage C for medical equal to the amount of the General Aggregate expenses shall reduce the amount available Limit shown in the Declarations. under the General Aggregate Limit or the 2. The Designated Construction Project General Products -completed Operations Aggregate Aggregate Limit is the most we will pay for the Limit, whichever is applicable; and sum of all damages under Coverage A, ex- 2. Such payments shall not reduce any cept damages because of "bodily injury" or Designated Construction Project General "property damage" included in the "products- Aggregate Limit. completed operations hazard", and for medi- cal expenses under Coverage C regardless of C. When coverage for liability arising out of the the number of: "products -completed operations hazard" is prov- ided, any payments for damages because of a. Insureds; "bodily injury" or "property damage" included in the b. Claims made or "suits" brought; or "products -completed operations hazard" will c. Persons or organizations making claims or reduce the Products -completed Operations Agg- bringing "suits". regate Limit, and not reduce the General Agg- regate Limit nor the Designated Construction 3. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the Designated Con- has been abandoned, delayed, or abandoned and struction Project General Aggregate Limit for then restarted, or if the authorized contracting that designated construction project. Such parties deviate from plans, blueprints, designs, payments shall not reduce the General Ag- specifications or timetables, the project will still be gregate Limit shown in the Declarations nor deemed to be the same construction project. shall they reduce any other Designated Con- struction Project General Aggregate Limit for E. The provisions of Section III — Limits Of Insurance any other designated construction project not otherwise modified by this endorsement shall shown in the Schedule below. continue to apply as stipulated. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to the appli- cable Designated Construction Project Gen- eral Aggregate Limit. CG 25 03 05 09 ©Insurance Services Office. Inc.. 2008 Page 1 of 2 87121890 18-004095 1 09.25-09.26 Standard 10-2 WA St... Cao Escess AUTO I Excl:RS OT4 I Stacy Wells 1 9/11/2025 12:23:46 PM (EDT) I Pane 7 of 745 SCHEDULE Designated Construction Project(s): All Projects. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 2 of 2 87121890 1 8-004095 1 09.25-09.26 Standard 10-2 WA Stoo Gan Excess AUTO I Excl:%S OT4 I Stacv Wells 1 9/11/2025 12:23:46 PM (EDT) I Pace 8 of 15 POLICY NUMBER: TB2-C81-004095-115 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" 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 for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; 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. SCHEDULE Name Of Additional Insured Person(s) Location(s) Of Covered Operations Or Organization(s): Any owner, lessee, or contractor for whom you have Any location listed in such agreement agreed in writing prior to a loss to provide liability insurance Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 87121890 1 8-004095 1 09.25-09.26 Standard 10-2 WA Stoo Gan Exca.ss AUTO I Excl:XS OTT I St.— Wells 1 9/11/2025 12:23:46 PM (EDT1 I Pace 9 of 15 POLICY NUMBER: TB2-C81-004095-115 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any owner, lessee, or contractor for whom you have agreed in writing prior to a loss to provided liability insurance Any location listed in such agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; 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. © Insurance Services Office, Inc., 2012 Page 1 of 1 87121890 1 8-004095 1 09.25-09.26 Standard 10-2 WA St— Geo Excess Ai70 I Exc1:XS OT4 I St.— We11s 1 9/11/2025 12:23:46 PM (EDT) I Pane 10 of 15 Policy Number TB2-C81-004095-115 Issued by: Liberty Mutual Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE AMENDMENT — SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Name of Person(s) or Organization(s): Any person or organization for which such coverage is required by written contract prior to a loss If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person(s) or organization(s) shown in the Schedule of this endorsement that qualifies as an additional insured on this Policy, this Policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV — Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV — Conditions will apply. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured for the same "occurrence", claim or "suit'. LC 24 20 11 18 © 2018 Liberty Mutual Insurance Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 87121890 1 8-004095 1 09.25-09.26 Standard 10-2 WA St- ,an Excess AUTO I EXc1:XS OT4 I Stacv We11s 1 9/11/2025 12:23:46 PM (EDT) I Pa 11 o' 1`: POLICY NUMBER: TB2-C81-004095-115 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV —Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for injury or damage arising out of your ongoing operations or '.your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule below. SCHEDULE Name Of Person Or Organization: As required by written contract or agreement entered into prior to loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 87121890 1 8-004095 1 09.25-09.25 Standard 10-2 WA StOD Gao Excess AUTO I Excl:XS OT4 I Stacv Wells 1 9/11/2025 12:23:46 PM (EDT) I Peae 12 of 1.. NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. Schedule Name of Other Person(s) / Email Address or mailing address Organ ization(s): Schedule on file with the Schedule on file with the Company Company All other terms and conditions of this policy remain unchanged. Issued by Liberty Insurance Corporation 21814 For attachment to Policy No. WA7-C8D-004095-025 Effective Date Issued to CRH Americas, Inc. WC 99 20 75 Ed. 12/01 /2016 © 2016 Liberty Mutual Insurance Number Days Notice: Premium $ .1 Page 1 of 1 87121890 1 8-004095 1 09.25-09.26 Standard 10-2 WA Ston Gan Excess AUTO I Exc1:XS OT9 I St.— Wells 1 9/11/2025 12:23:46 PM (EDT) I Pane 13 of 15 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Not applicable in Alaska, Kentucky, New Hampshire, New Jersey Schedule Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. Where required by contract or written agreement prior to loss and allowed by law. In the states of Connecticut, Florida, Iowa, Maryland, Nebraska and Oregon, the premium charge is 1 % of the total manual premium, subject to a minimum premium of $250 per policy. In the states of Alabama, Arizona, Arkansas, Colorado, Delaware, District of Columbia, Georgia, Idaho, Illinois, Indiana, Kansas, Maine, Michigan, Mississippi, Missouri, Montana, Nevada, New Mexico, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Vermont and West Virginia, the premium charge is 2% of the total manual premium, subject to a minimum premium of $100 per policy. In the states of New York and Tennessee, the premium charge is 2% of the total manual premium, subject to a minimum premium of $250 per policy. In the state of Virginia, the premium charge is 5% of the total manual premium, subject to a minimum premium of $250 per policy. In the state of Hawaii, the premium charge is $250 and determined as follows: The premium charge for this endorsement is 1 % of the total manual premium, subject to a minimum premium of $250 per policy. In the state of Louisiana, the premium charge is 2% of the total standard premium, subject to a minimum premium of $250 per policy. In the state of Massachusetts, the premium charge is 1 % of the total WC 00 03 13 © 1983 National Council on Compensation Insurance. Page 1 of 2 Ed. 04/01 /1984 87121890 1 8-004095 1 09.25-09.26 Standard 10-2 WA Stoo Gao Excess AUTO I Excl:XS OT4 I St.— Wells 1 9/11/2025 12:23:46 PM (EDT) I Paae 14 of 15 manual premium. Issued by Liberty Insurance Corporation 21814 For attachment to Policy No. WA7-C8D-004095-025 Issued to CRH Americas, Inc. Effective Date WC 00 03 13 © 1983 National Council on Compensation Insurance. Ed. 04/01 /1984 Premium $ Endorsement No. Page 2 of 2 87121890 1 8-004095 1 09.25-09.26 Standard 10-2 WA StoD Gao Excess AUTO I EXcl:XS OT4 I Stacv Wells 1 9/11/2025 12:23:46 PM (EDT) I Pane 15 of 15