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List bids received/contractor selected for the Juvenile Court Renovation and Addition Project BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF: RESOLUTION NO. 21-353 LISTING OF BIDS AND CONTRACTOR SELECTED FOR THE JUVENILE COURT RENOVATION AND ADDITION PROJECT, PROJECT #31-2101 WHEREAS, Lewis County issued a a Call for Bids for the Juvenile Court Renovation and Addition Project on August 3, 2021, based upon plans and specifications developed by County staff and KMB Architects of Olympia, WA; and WHEREAS, bids were received on September 8, 2021, read aloud in a public meeting and the responses were as follows: BASE BID BIDDER BASE BID W/ACCEPTED ALTERNATES Contrack Watts Inc., Gig Harbor, WA $8,151,366.00 $8,579,842.00 Christensen Inc., $7,381,000.00 $7,915,500.00 Tumwater, WA Construct Inc., $6,634,000.00 $7,202,400.00 Tumwater, WA Berschauer Group Inc., $6,980,000.00 $7,535,500.00 Olympia, WA Schwiesow Construction Inc., Centralia, WA $7,420,000.00 $7,919,900.00 Jones & Roberts Co., Olympia, WA $7,627,000.00 $7,964,000.00 Pease Construction Inc., $6,816,000.00 $7,338,350.00 Lakewood, WA ; and WHEREAS, it appears Construct Inc. of Tumwater, Wash., has submitted the lowest responsive bid, with accepted alternates of $7,202,400.00. NOW THEREFORE BE IT RESOLVED that the contract for the Juvenile Court Renovation and Addition Project shall be awarded to Construct Inc of Tumwater, Wash., in the amount of $7,202,400.00. Upon presentation of a contract acceptable to the Board of County Commissioners (BOCC) the Chair or Vice Chair of the Board is authorized to sign on behalf of the BOCC. DONE IN OPEN SESSION this 28th day of September, 2021. Page 1 of 2 Res. 21-353 APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON Kevin McDowell Absent By: Kevin McDowell, Gary Stamper, Chair Deputy Prosecuting Attorney ATTEST: ;;Z.°R Ty.F�sF;• Lindsey R. Pollock, DVM Ltrdsey R. Pollock, DVM, Vice Chair .oi S\1vC Rieva Lester .'411,CO" Sean D. Swope Rieva Lester, Sean D. Swope, Commissioner Clerk of the Lewis County Board of County Commissioners Page 2 of 2 Res. 21-353 AGREEMENT Construct, Inc. , hereinafter called CONTRACTOR,and LEWIS COUNTY, hereinafter called COUNTY,agree as set forth in this Agreement, including: Scope of Work, Drawings, Specifications, Compensation, Bid Response forms, General and Special Conditions,copies of which are attached hereto and incorporated herein by this reference as fully as if set forth herein. Project: Juvenile Court Renovation and Addition,#31-2101 Bid Price(with accepted alternates: $7,202,400.00, including alternates 1,2B,3,4 The term of this Agreement shall commence upon the date of execution as indicated by a Notice to Proceed or other instrument identifying the contract execution date.. CONTRACTOR acknowledges and by signing this contract agrees that the Indemnification provisions set forth in within the contract are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF,the parties have executed this Agreement this t'h day of ©e Z`os e, , CONTRACTOR: CpNST'GC6T, -"c, LEWIS COUNTY Ce2;44.7_ ),ArA ij/M LindsayR.Pollock,DV ,Chair A-9s:p( en Lewis County BOCC Title of Signatory Authorized by the firm By Laws Mailing Address: Approved as to Form Only: Jonathan Meyer,Prosecuf ey SSS' re-osj es- ied. .S 0/08)—3 y 5-- 7-Gt y..arcs rc- 1,-VA S/ 2 B : Deputy Prosecuting Attorney UBI or Contractors License# Co(- 06$- 606 Federal Business Tax ID No. 9/^ /g0/6/0 Bond No. 107447702 THE AMERICAN INSTITUTE OF ARCHITECTS VR4l A/A Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address); • SURETY (Name and Principal Place of Business): Construct,Inc Travelers Casualty and Surety Company of America 855 Trosper Rd SW#108-345 . 2340 130th Ave NE D 150 Tumwatcr,WA 98512 Bellevue,WA 98005 OWNER (Name and Address): Lewis County Chehalis.WA CONSTRUCTION CONTRACT Date: !O t// --/ Amount:• even Million Two Hundred Two Thousand Four Hundred(S7,202,400.00)plus 8.2%sales tax Description (Name and Location): Juvenile Court Renovation and Addition,#31-2101 BOND Date (Not earlier than Construction Contract Date): Amount:Seven Million Seven Hundred Ninety-Two Thousand Ninety-Six and eighty cents(S7,792,996.80) Modifications to this Bond: ® None 0 See Page 6 CONTRACTOR AS PRINCIPAL SURETY p• Sg�a1 Company:Construct,Inc (Corporate Seal) Company:Travelers Casualty and SurdtyCLortt,p rat Seal) ica ()\Signature: Signature: �\NNA A\1 8 g Name and Title: ,r+d'e&i Cow:,reu.sel Name and Title:Marina Matyunin Attorney-in-Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER:Griffin MacLean,Inc. OWNER'S REPRESENTATIVE (Architect, Engineer or 2340 130th Ave NE D150 other party): Bellevue,WA 98005 425-822-1368 MA DOCUMENT A712 • PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1964 ED.•AIA• THE AMERICAN INSTITUTE OF ARCHITECTS. 17)S NEW YORK AVE.,N.W.,WASHINGTON.O.C.20006 A312-1984 4 THIRD PRINTINC•MARCH 1967 Bond No. 107447702 1 The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of bind themselves, their heirs, executors, administrators. Paragraph 4, the Surety shall promptly and at the successors and assigns to the Owner to pay for labor, Surety's expense take the following actions: materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- 6.1 Send art answer to the Claimant, with a copy to rated herein by reference. the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis 2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed. null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment,directly or indirectly, amounts. for all sums due Claimants, and 7 The Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harmless the amount of this Bond,and the amount of this Bond shall be Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the surety, person or entity whose claim,demand, lien or suit is for the payment for labor,materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under nished for use in the performance of the Construction the Construction Contract shall be used for the perfor- Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims, the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this • liens or suits and tendered defense of such claims, Bond,they agree that all funds earned by the Contractor demands, liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no Owner Default. dedicated to satisfy obligations of the Contractor and With respect to Claimants, this obligation shall be the Surety under this Bond,subject to the Owner's prior- 3g ity to use the funds for the completion of the work. null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner, Claimants The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unrelat- 44nder this Bond until: ed to the Construction Contract.The Owner shall not be liable for payment of any costs or expenses of any Claim- 4.1 Claimants who are employed by or have a direct ant under this Bond,and shall have under this Bond no obli- contract with the Contractor have given notice to the gations to make payments to,give notices on behalf of,or Surety(at the address described in Paragraph 12)and otherwise have obligations to Claimants under this Bond. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and,with 10 The Surety hereby waives notice of any change, substantial accuracy, the amount of the claim. including changes of time, to the Construction Contract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor: obligations. .1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant tractor and sent a copy,or notice thereof,to under this Bond other than in a court of competent juris- the Owner, within 90 days after having last diction in the location in which the work or part of the performed labor or last furnished materials or work is located or after the expiration of one year from the equipment included in the claim stating,with date(1)on which the Claimant gave the notice required by substantial accuracy,the amount of the claim Subparagraph 4.1 or Clause 4.2.3, or(2)on which the last and the name of the party to whom the labor or service was performed by anyone or the last mate- materials were furnished or supplied or for rials or equipment were furnished by anyone under the Con- whom the labor was done or performed;and struction Contract,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law, .2 Have either received a rejection in whole or the minimum period of limitation available to sureties as a in part from the Contractor,or not received defense in the jurisdiction of the suit shall be applicable. within 30 days of furnishing the above no- tice any communication from the Contractor 12 Notice to the Surety, the Owner or the Contractor by which the Contractor has indicated the shall be mailed or delivered to the address shown on the claim will be paid directly or indirectly;and signature page. Actual receipt of notice by Surety, the .3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall days,have sent a written notice to the Surety be sufficient compliance as of the date received at the (at the address described in Paragraph 12)and address shown on the signature page. sent a copy, or notice thereof,to the Owner, stating that a claim is being made under this ' 13 When this Bond has been furnished to comply with a Bond and enclosing a copy of the previous statutory or other legal requirement in the location where written notice furnished to the Contractor. the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement 5 If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con- Owner to the Contractor or to the Surety, that is suffi- forming to such statutory or other legal requirement shall cient compliance. be deemed incorporated herein. The intent is that this AMA DOCUMENT A312•PERFORMANCE EONO ANO PAYMENT 90N0•OECEMeER 1984 ED •AIA• THE AMERICAN INSTITUTE OF ARCHITECTS.173S NEW YORK AVE.N.W.,WASHINGTON,CI 20006 A312-1984 5 THIRn PRINTING•MARCH 198/ Bond No. 107447702 Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the Contractor and the Contractor's subcontractors,and 14 Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor,materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished. to be made. 15.2 Construction Contract:The agreement between 15 DEFINITIONS the Owner and the Contractor identified on the sig• 15.1 Claimant:An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip- •15.3 Owner Default: Failure of the Owner,which has ment for use in the performance of the Contract.The neither been remedied nor waived, to pay the Con- intent of this Bond shall be to include without hmita- tractor as required by the Construction Contract or to Lion in the terms"labor,materials or equipment"that perform and complete or comply with the other terms part of water, gas, power, light, heat, oil, gasoline, thereof. telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: • • (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) • Signature: Signature: Name and Title: Name and Title: Address: Address: AM DOCUMENT A312•PERFORMANCE BONO AND PAYMENT BONO•DECEMBER 1964 EO. •MA THE AMERIGN INSTITUTE OF ARCHITECTS,1733 NEW YORK AVE..N.W..WASHINGTON.O.C.20006 A312-1984 6 THIRD PRINTING•MARCH 1967 Travelers Casualty and Surety Company of America Ilb& Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Marina Matyunln of BELLEVUE Washington , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances. conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 17th day of January, 2019. ,.,ei �' `'jt4Tj State of Connecticut By: 041112 /1/ City of Hartford ss. Robert L.Rene , enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such. being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. r•«4� IN WITNESS WHEREOF,I hereunto set my hand and official seal. /� � My Commission expires the 30th day of June,2021 * 674/Anna P.Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America.Travelers Casualty and Surety Company, and St.Paul Fire and Manna Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond:, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President. any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b) duly executed (under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes. the undersigned. Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies.which remains In full force and effect. Dated this day of * 3 0 % rapva'1 • � ► 1D Kevin E.Hughes,Assistant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-SD0..421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which this Power of Attorney Is attached. Bond No. 107447703 RELEASE OF RETAINAGE BOND WHEREAS, the undersigned, Construct,Inc hereafter referred to as"The Contractor", entered into a Contract dated with Lewis County , hereafter referred to as "The Owner", and, Travelers Casualty and Surety Company of America IN ACCORDANCE with the provisions of the Contract between the Owner and Contractor, Owner shall be entitled to withhold a portion of the Contract balance, as retainage to insure the timely and proper completion of the project,and WHEREAS, the above referenced Contractor has requested, and the Owner has agreed, to release final payment upon receipt of this Bond, THE UNDERSIGNED, Construct,Inc and Travelers Casualty and Surety Company or America are, hereby, bound unto Lewis County in the amount of S 301,120.0o NOW,THEREFORE, the condition of this obligation is such that if the Contractor shall well and truly perform its remaining obligations, as may be rightfully and legally required by the Contract, then this obligation is null and void, otherwise to remain in full force and effect, PROVIDED, HOWEVER, that no lawsuit may be brought under this Bond after the expiration of one year from the date of acceptance by the Owner of completion of the Contract. Construct,Inc 1V°. Cf4'4141W— C.‘" . , itness Hal rr.�.r G�,f;s e..,r es:.. /0.^e.!44..4, Travelers Casualty and Surety Company of America Mv-0 ,..\v\v-\. Witness Marina Matyunin Attorney-In-Fact / Dated: ( O. 1 l . Z (22. Producer Name (Required in Arizona Only) S-3254(4/17) • Travelers Casualty and Surety Company of America .A• Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Marina Matyunin of BELLEVUE , Washington , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons. guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this Instrument to be signed,and their corporate seals to be hereto affixed,this 17th day of January, 2019. .�y� Nt 6i, a a 3 Y /� State of Connecticut By: cziy, City of Hartford ss. Robert L.Rane , enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing Instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. ^, IN WITNESS WHEREOF,I hereunto set my hand and official seal _ 674,t4ifeezd My Commission expires the 30th day of June,2021 • �+t� ' P "e Anna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking.and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary:and it is FURTHER RESOLVED,that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond„ recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman. any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer. any Assistant Treasurer. the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b) duly executed (under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President,any Senior Vice President.any Vice President,.any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned. Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this day of , f J =Pt + e g ttu I _ \ 0- '' ' '� �E ` • ' 4. * Kevin E'Hughes,Assistant Secretary To verity the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which this Power of Attorney is attached. Bond No. 107447702 THE AMERICAN INSTITUTE OF ARCHITECTS k AM Document A312 Performance Bond • Any singular reference to Contractor,Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Construct,Inc. Travelers Casualty and Surety Company of America 855 Trosper Rd SW#108-345 2340 130th Ave NE D150 Tumwater,WA 98512 Bellevue,WA 98005 OWNER (Name and Address): Lewis County 351 NW.North St Chehalis,WA CONSTRUCTION CONTRACT Date: /D/ %// Amount:Seven Million Two Hundred Two Thousand Four Hundred($7,202,400.00)plus 8.2%sales tax Description (Name and Location): Juvenile Court Renovation and Addition,#31-2101 BOND Date (Not earlier than Construction Contract Date): Amount: Seven Million Seven Hundred Ninety-Two Thousand Nine Hundred Ninety-Six and eighty cents(S7,792,996.80) Modifications to this Bond: 0 None 0 See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company:,_nstruct,Inc. (Corporate Seal) Company: ( omrpoprate_Seeal), Travelers Casualty and Surety otrtpany ot nertert Signature: • Signature- c\ir C1N& t - v Name and Title: „."p(r./ - G!s"-; tce,,, � dame and Title:marina Matyunin Attorney-in-Fact. 00rC.r laic er t (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name, Address and Telephone) • AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Griffin MacLean.Inc. other party): 2340 130th Ave NE D l 50 Bellevue,WA 98005 425-822-1368 • MA DOCUMENT A312•HRfORMANCE IONO AND PAYMENT/ONO•MEMOIR 1!N ED. •AIA to THE AMERICAN INSTITUTE OP ARCHITECTS,1735 NEW YORK AVt..N.W.,WASHINGTON.D.C.20004 A312.11984 I THIRO PRINTING• MARCH 19117 Bond No. 107447702 1 The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as bind themselves, their heirs, executors, administrators, soon as practicable after the amount is deter. successors and assigns to the Owner for the performance mined, tender payment therefor to the of the Construction Contract,which is incorporated herein Owner; or by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract, Owner citing reasons therefor. the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as 5 If the Surety does not proceed as provided in Paragraph provided in Subparagraph 3.1. 4 with reasonable promptness.the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety under this Bond shall arise after: demanding that the Surety perform its obligations under 3.1 Owner has notified the Contractor and the this Bond. and the Owner shall be entitled to enrorce any Surety.1The at its address described notified ie Cont Paragraph to below remedy available to the Owner. If the Surety proceeds as that the Owner is considering declaring a Contractor provided tenderedio or theh Suretyu, and the Owner refusesy the Default and has requested and attempted to arrange a payment or the has denied i,�:iiliry, in g whole or in part,without further notice the Owner shall be conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner. held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- 6 After the Owner has terminated the Contractor's right non Contract. If the Owner, the Contractor and the to complete the Construction Contract; and if the Surety Surety agree, the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2. or 4.3 above, able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall such an agreement shall not waive the Owner's right,if not be greater than those of the Contractor under the any,subsequently to declare a Contractor Default; and _ Construction Contract, and the responsibilities of the 3.2 The Owner has declared a Contractor Default and Owner to the Surety shall not be greater than those of the formally terminated the Contractor's right to complete Owner ofunder this the Bond, butucsun subCoject traco To the limitby the the contract. Such Contractor Default shall not be de- amount f this su ontr toct commitment the Glared earlier than twenty days after the Contractor and cOwner of the Balance of the Contract Price to mitigation of Sure- the Surety have received notice as provided in Sub- ty iss and damages oo the Construction Contract,the paragraph 3.1; and ty obligated without duplication for: 3.3 The Owner has agreed to pay the Balance of the 6.1 The responsibilities of the Contractor for correc- Contract Price to the Surety in accordance with the Lion trctive work and completion of the Construc- C lion C terms of the Construction Contract or to a contractor onntract; selected to perform the Construction Contract in accor- 6.2 Additional legal, design professional and delay dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and.re- 4 When the Owner has satisfied the conditions of Para- suiting from the actions or failure to act of the Surety graph 3, the Surety shall promptly and at the Surety's ex- under Paragraph 4; and 'pense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages Arrange for the Contractor, with consent of the 'are specified In the Construction Contract,actual darn- 4.1non-perfor- Owner, to perform and complete the Construction ages caused ofthe C delayed performance or Contract; or mance of Contractor. 7 The Surety shall not be liable to the Owner or others for 4.2 U ndertake to perform and complete the Construc- lion Contract itself,through its agents or through inde- obligations of the Contractor that are unrelated to the Con- pendent contractors; or struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such 4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on qualified contractors acceptable to the Owner fora this Bond to any person or entity other than the Owner or contract for performance and completion of the Con- its heirs, executors, administrators or successors. struction Contract, arrange for a contract to be pre- 8 The Surety hereby waives notice of any change.includ- pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to selected with the Owner's concurrence, to be secured related subcontracts, purchase orders and other obliga- with performance and payment bonds executed by a lions. qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor 4.4 Waive its right to perform and complete,arrange Default or within two years after the Contractor ceased for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails reasonable promptness under the circumstances: to perform its obligations under this Bond,whichever oc- curs first. If the provisions of this Paragraph are void or .t After investigation,determine the amount for prohibited by law, the minimum period of limitation avail- ASA DOCUMENT A]12 • PERfQR,.ANCE BONO ANO PAYMENT SONO•OECEMBER 1764 E0 •AIA a THE A,NERIC AN INSTITUTE Of ;RCNITECTS. iris NEW YORK AVE.,N.W,WASMINCTON. 0 C.C. NO36 A312-1984 2 THIRD►RIMTINC •MARCH/1A7 Bond No. I07447702 able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims 10 Notice to the Surety,the Owner or the Contractor shall for damages to which the Contractor is entitled, re. be mailed or delivered to the address shown on the sig- behalf by all Contractord and proper r the Con made to or on nature page. behalf of the under the Construction Con. tract. 11 When this Bond has been furnished to Comply with a 12.2 Construction Contract:The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the si the construction was to be performed,any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived, to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has Con- 12.1 Balance of the Contract Price: The total amount neither been remedied nor waived, to pay the payable the Owner o the Contractor u r the tractor as required by the Construction Contract or to Construction Contract after all proper adjustments perform and complete or comply with the other terms have been made, including allowance to the Con- thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: • • (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT As12 •PERFORMANCE BONO ANO PAYMENT BONO•DECEMBER 1964 W. •AIA • THE AMERICAN INSTITUTE Of ARCHITECTS, 1715 NEW YORK AVE..N.W.,,WASHINCTON,O.C. 20O06 A312-1984 3 TMRO PRINTING -MAACH 11d1 Travelers Casualty and Surety Company of America 41111k Travelers Casualty and Surety Company [ TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America.Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Marina Matyunin of BELLEVUE Washington , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons. guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed. this 17th day of January, 2019, em C0."11> '•"Abe. J y *gittt t. Caw State of Connecticut By: City of Hartford ss. Robert L.Rene , enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company. and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF,I hereunto set my hand and official seal r+'" w���.,.e / My Commission expires the 30th day of June.2021 . h.11.1 1 • a (/y %GXrP�•/ r"`iO Anna P.Nowik,Notary Public This Power of Attorney Is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America.Travelers Casualty and Surety Company, and St.Paul Fire and Marine Insurance Company.which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman, the President any Vice Chairman, any Executive Vice President, any Senior Vice President any Vice President, any Second Vice President.the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds recognizances,contracts of indemnity.and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it Is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b) duty executed (under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authonty or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies.which remains in full force and effect. Dated this day of nrtrc,'m, /ID 1 Kee 4nEHgndsisrtSecrethry To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which this Power of Attorney is attached. Project Name: Juvenile Court Renovation Project—Lewis County Project No.: J2063 Contractor Name: CON ST,C C C T ,4 Document 00 41 00 BID FORM In compliance with the contract documents, the following bid form is submitted: 1) BASE BID (including Trench Excavation Safety Provisions) tS,q too L Sty( l c" Sig 1-14mok eeol -es it ty -- e �+,o+�Sa+10� $ 6 v 3 4 i OOo . 09 (Please print dollar amount in space above) (do not include Washington State Sales Tax) TRENCH EXCAVATION SAFETY PROVISIONS $ 2.I 000 (Included also in Base Bid) If the bid amount contains any work which requires trenching exceeding a depth of four feet, all costs for trench safety shall be included in the Base Bid and indicated above for adequate trench safety systems in compliance with Chapter 39.04 RCW.49.17 RCW and WAC 296-155-650. Bidder must include a lump sum dollar amount in blank above(even if the value is$0.00)to be responsive. 2) ADDITIVE BID ALTERNATES (1) Paint Existing Exterior Metal Fascia Band $ 12 goo . 00 (2A) Add Vehicle Sally Port Metal Roof Structure $ 213,o 0° , o 0 (2B) Add Alternate 2A Plus Add Single-Ply Membrane Roofing $ Z ct8,o00 . 00 (3) Replace Designated Sleeping Room Doors & Window Mesh $ 2 35 ,odo • 00 (4) Add Metal Cladding At Outdoor Recreation Building $ 33,0o'o . 0a' (5) $ Do not include Washington State Sales Tax in alternate amounts. The Owner reserves the right to accept or reject any or all bid prices within sixty (60) days of the bid date. 3) TIME FOR COMPLETION: Contract Time - The undersigned hereby agrees to Substantially Complete all the work under the Base Bid (and accepted Alternates) within the following number of calendar days after the date of Notice to Proceed. Existing Building Renovation: 210 days. Total Project Renovation and Expansion: 420 days. Final Completion—All the Work shall be fully and finally completed in accordance with the contract documents within 60 calendar days after the date of Substantial Completion. DOCUMENT 00 41 00-BID FORM Page 1 of 3 Project Name: Juvenile Court Renovation Project-Lewis County Project No.: J2063 Contractor Name: CoNST,e cT, 4) SUBCONTRACTOR LISTING REQUIREMENTS If the base bid and the sum of the additive alternates is one million dollars or more, the undersigned agrees to submit Subcontractor Listing Form A (HVAC, Plumbing, Electrical) within one hour of bid submittal time&Subcontractor Listing Form B (Structural Steel Install, Rebar Install)within 48 hours of the bid submittal time, as applicable to the work, according to RCW 39.30.060 and the Instructions to Bidders. 5) LIQUIDATED DAMAGES The undersigned agrees to pay the Owner as liquidated damages the sum of $300.00 for each consecutive calendar day that is in default after the Contract Time. Liquidated damages shall be deducted from the contract invoice after taxes and retainage. 6) RECEIPT OF ADDENDA Receipt of the following addenda is acknowledged: Addendum No. ( Addendum No. y Addendum No. Z Addendum No. 5- Addendum No. 3 Addendum No. Name of Firm COAL 57-/8 , _2:- NOTE: If Bidder is a c rporation,write State of Incorporation;if a partnership,give full names and addresses of all parties below. Signed by rt Official Capacity /2.-e,r%v(co. Print Name Ati0(+^ec,r C�ir Lc e-►se.-, Address S S$ 73-v Sao e '20( S(-ix" "/d F= 1 Y$- City State 4 Zip Code q ESL-Z Date T/6/.2-/ Telephone 360 '2-36- BLOG> FAX 360- 236'r' `2-05- State of Washington Contractor's License No. CON 577 Federal Tax ID# E-mailq/l yU/6/O address: a ildre Employment Security Department No. p Gr"/ 60 c7G DOCUMENT 00 41 00-BID FORM Page 2 of 3 CONTRACTOR CERTIFICATION WAGE THEFT PREVENTION—RESPONSIBLE BIDDER CRITERIA WASHINGTON STATE PUBLIC WORKS CONTRACTS Return this signed"Contractor Certification"with your signed Bid Form or within two(2)business days of request by Owner. Prior to awarding a public works contract, the Owner is required to determine that a bidder meets the responsibility criteria to be considered a 'responsible bidder'and is qualified to be awarded a public works project.See l?CJI'39.04,350(Il tgt& (2). Pursuant to legislative enactment in 2017,the responsibility criteria include a contractor certification that the contractor has not willfully violated Washington's wage laws. See Chap. 258, 2017 Laws(enacting SSB 5301). Project No.: J2063 Project Name: Juvenile Court Renovation Project Procurement Solicitation Date: 4K�us 3�r.( 2oz f I hereby ertify, on behalf of the firm identified below, as follows (check one): NO WAGE VIOLATIONS. This firm has NOT been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW chapters 49.46, 49.48, or 49.52 within three (3)years prior to the date of the above-referenced procurement solicitation date. OR 0 VIOLATIONS OF WAGE LAWS. This firm has been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, a provision of RCW chapters 49.46,49.48, or 49.52 within three(3) years prior to the date of the above-referenced procurement solicitation date. I hereby certify, under penalty of perjury under the laws of the State of Washington, that the certifications herein are true and correct and that I am authorized to make these certifications on behalf of the firm listed herein. FIRM NAME: t!-O/V 5i ktiLC Name of Contractor/Bidder-Print full legal entity name of firm By: A-44 +^.SL`e"sc�, Signature of authorized person Print Name of person making certifications for firm Title: / --e's;e(e•i t Place: • !il/4 Title of person signing certificate Print city and state where signed Date: 67/F/.Z/ DOCUMENT 00 41 00-BID FORM Page 3 of 3 • Project Name: Juvenile Court Renovation Project—Lewis County Project No.: J2063 Contractor Name: GONSTd leuG 7 .1...�. LEWIS COUNTY FACILITIES DEPARTMENT Subcontractor List Form A For HVAC, Plumbing, and Electrical Within One Hour of the Bid Submittal Time In compliance with the contract documents, the following subcontractor list is submitted: SUBCONTRACTOR LISTING —RCW 39.30.060 If the base bid and the sum of the additive alternates is one million dollars or more, the Bidder shall provide names of the subcontractors with whom the Bidder will directly subcontract for performance of the following work. If the Bidder intends to perform the work, the Bidder must enter its name for that category of work. The Bidder shall not list more than one subcontractor for each category of work identified UNLESS subcontractors vary with bid alternates, in which case the Bidder must indicate which subcontractor will be used for which alternate. Substitutions are prohibited except as outlined in RCW 39.30.060. Failure of the Bidder to submit the NAMES of such subcontractors or to name itself to perform such work shall render the Bidder's bid nonresponsive and, therefore, VOID. Bidders who name themselves to perform the work are expected to perform the work and the Owner reserves the right to reject substitution of the bidder with a subcontractor unless the bidder demonstrates a change in circumstances from the time of bid submission that is outside of the control of the bidder. Category of Work Alternate Bid# Firm Name (if applicable) 1. HVAC, Base Bid n/a aP; t 14e0_t1.+ aw+ck Ccol;�� a. HVAC, Alternate Bid 2, Plumbing, Base Bid n/a Tfik Ps"' &;^' a•+d ic11141 L!„ a. Plumbing, Alternate Bid 3. Electrical, Base Bid n/a Sa re. 6 izt,'c a. Electrical, Alternate Bid Bidder may attach a separate sheet for additional alternate bid subcontractors. Submitted By: AHdrec.r C4ris L`e-tse•, / ea;4ieb$ '' Print Name and Title of Authorized Person • Project Name: Juvenile Court Renovation Project—Lewis County Project No.: J2063 Contractor Name: (_67/Vsreac-7, .L 4-, LEWIS COUNTY FACILITIES DEPARTMENT Subcontractor List Form B For Structural Steel Installation and Rebar Installation Within 48 Hours of Bid Submittal Time In compliance with the contract documents, the following subcontractor list is submitted: SUBCONTRACTOR LISTING — RCW 39.30.060 If the base bid and the sum of the additive alternates is one million dollars or more, the Bidder shall provide names of the subcontractors with whom the Bidder will directly subcontract for performance of the following work. If the Bidder intends to perform the work, the Bidder must enter its name for that category of work. The Bidder shall not list more than one subcontractor for each category of work identified UNLESS subcontractors vary with bid alternates, in which case the Bidder must indicate which subcontractor will be used for which alternate. Substitutions are prohibited except as outlined in RCW 39.30.060. Failure of the Bidder to submit the NAMES of such subcontractors or to name itself to perform such work shall render the Bidder's bid nonresponsive and, therefore,VOID. Bidders who name themselves to perform the work are expected to perform the work and the Owner reserves the right to reject substitution of the bidder with a subcontractor unless the bidder demonstrates a change in circumstances from the time of bid submission that is outside of the control of the bidder. Category of Work Alternate Bid # Firm Name (if applicable) 1. Structural Steel Installation, Base Bid nla 60ns'er(Ac t a. Structural Steel Installation, Alternate Bid 2. Rebar Installation, Base Bid n/a str .• a. Rebar Installation, Alternate Bid Bidder may attach a separate sheet for additional alternate bid subcontractors. Submitted By: Ak)d rse•+ / o esio i Print Name and Title of Authorized Person BOCC AGENDA ITEM SUMMARY Resolution: BOCC Meeting Date: Sept. 28, 2021 Suggested Wording for Agenda Item: Agenda Type: Deliberation Listing of Bids and Contractor Selected for the Juvenile Court Renovation and Addition Project, Project #31-2101 Contact: Doug Carey Phone: Department: IS - Internal Services (including SWWF and Facilities) Description: Listing of Bids and Contractor selected for the juvenile Court Renovation and Addition Project Approvals: Publication Requirements: Publications: User Status PA's Office Approved Steve Wohld Pending Additional Copies: Cover Letter To: