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List bids received/contractor selected for CD Tenant Improvement Project #31-2102.
BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF: RESOLUTION NO. 22-002 LISTING OF BIDS AND CONTRACTOR SELECTED FOR THE COMMUNITY DEVELOPMENT TENANT IMPROVEMENT PROJECT #31-2102 WHEREAS, Lewis County issued a a Call for Bids for the Community Development Tenant Improvement Project on November 23, 2021, based upon plans and specifications developed by County staff and KMB Architects of Olympia, WA; and WHEREAS, bids were received on December 16, 2021, and read aloud in a public meeting. The responses were as follows: BIDDER BASE BID Christensen Inc. - Tumwater, WA $2,749,000.00 jH Kelly - Longview, WA $2,626,777.00 Berschauer Group Inc. - Olympia, WA $2,315,000.00 Emtech LLC - Centralia, WA $2,198,900.00 Construct Inc. - Tumwater, WA $2,177,000.00 WHEREAS, it appears Construct Inc. of Tumwater, Wash., has submitted the lowest responsive bid of $2,177,000.00. NOW THEREFORE BE IT RESOLVED that the contract for the Community Development Tenant Improvement Project shall be awarded to Construct Inc. of Tumwater, Wash., in the amount of $2,177,000.00. 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 4th day of January, 2022. Page 1 of 2 Res. 22-002 APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON Kevin A. McDowell Lindsey R. Pollock, DVM By: Kevin A. McDowell, Lindsey R. Pollock, DVM, Chair Deputy Prosecuting Attorney • ATTEST: •'�°"�rv,µ9sf Sean D. Swope RP OF '• Sean D. Swope, Vice Chair St�CE 1%45 Rieva Lester •.Sys, -- • F. Lee Grose Rieva Lester, F. Lee Grose, Commissioner Clerk of the Lewis County Board of County Commissioners Page 2 of 2 Res. 22-002 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: LEWIS COUNTY COMMUNITY DEVELOPMENT TENANT IMPROVEMENTS,#31-2102 Bid Price(with accepted alternates: $2,177,000.00 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. fh IN WITNESS WHEREOF,the parties have executed this Agreement this /-5 day of fa.,ccs,.7 , �OZR CONTRACTOR: CO/V iT-' (CT; .Z--e. LEWIS COUNTY �� ���� AKd r'�' �r� Li dsay .Pollock, DV ,Chair rL�P_.-,yam« / 'Zs'�L"L` Lewis County BOCC Title of Signatory Authorized by the firm By Laws Mailing Address: Approved as to Form Only: Jonathan Meyer, Prosecutin ttorney 85'S Tros1,e.-- ted. SA/ 5Zfe. fO8- 3,11 Tots.. c•-, Gvi¢ dope, St,. By> i�aGG� Deputy Prosecuting A orney UBI or Contractors License# 60/ —068-606 Federal Business Tax ID No. q/ —/`�0/6/0 DOCUMENT 00 72 00 GENERAL CONDITIONS OF THE CONTRACT PART 1 -GENERAL PROVISIONS 3 1.01 DEFINITIONS 3 1.02 ORDER OF PRECEDENCE 4 1.03 EXECUTION AND INTENT 4 PART 2-INSURANCE AND BONDS 5 2.01 CONTRACTOR'S LIABILITY INSURANCE 5 2.02 COVERAGE LIMITS 5 2.03 INSURANCE COVERAGE CERTIFICATES 7 2.04 PAYMENT AND PERFORMANCE BONDS 7 2.05 ALTERNATIVE SURETY 7 2.06 BUILDER'S RISK 8 PART 3-TIME AND SCHEDULE 8 3.01 PROGRESS AND COMPLETION 8 3.02 CONSTRUCTION SCHEDULE 8 3.03 OWNER'S RIGHT TO SUSPEND THE WORK FOR CONVENIENCE 9 3.04 OWNER'S RIGHT TO STOP THE WORK FOR CAUSE 10 3.05 DELAY 10 3.06 NOTICE TO OWNER OF LABOR DISPUTES 11 3.07 DAMAGES FOR FAILURE TO ACHIEVE TIMELY COMPLETION 11 PART 4-SPECIFICATIONS, DRAWINGS,AND OTHER DOCUMENTS 12 ..4.01 DISCREPANCIES AND CONTRACT DOCUMENT REVIEW 12 ..4.02 PROJECT RECORD 12 ..4.03 SHOP DRAWINGS 12 ..4.04 ORGANIZATION OF SPECIFICATIONS 13 ..4.05 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS,AND OTHER DOCUMENTS 14 PART 5-PERFORMANCE 14 5.01 CONTRACTOR CONTROL AND SUPERVISION 14 5.02 PERMITS, FEES,AND NOTICES 15 5.03 PATENTS AND ROYALTIES 15 5.04 PREVAILING WAGES 16 5.05 HOURS OF LABOR 16 5.06 NONDISCRIMINATION 17 5.07 SAFETY PRECAUTIONS 17 5.08 OPERATIONS, MATERIAL HANDLING,AND STORAGE AREAS 19 5.09 PRIOR NOTICE OF EXCAVATION 20 5.10 UNFORESEEN PHYSICAL CONDITIONS 20 5.11 PROTECTION OF EXISTING STRUCTURES, EQUIPMENT, VEGETATION, UTILITIES AND IMPROVEMENTS 20 5.12 LAYOUT OF WORK 21 5.13 MATERIAL AND EQUIPMENT 21 5.14 AVAILABILITY AND USE OF UTILITY SERVICES 21 5.15 TESTS AND INSPECTION 22 5.16 CORRECTION OF NONCONFORMING WORK 22 5.17 CLEAN UP 23 5.18 ACCESS TO WORK 24 5.19 OTHER CONTRACTS 24 5.20 SUBCONTRACTORS AND SUPPLIERS 24 5.21 WARRANTY OF CONSTRUCTION 25 5.22 INDEMNIFICATION 25 PART 6-PAYMENTS AND COMPLETION 26 6.01 CONTRACT SUM 26 007200- 1 DOCUMENT 00 72 00 GENERAL CONDITIONS OF THE CONTRACT 6.02 SCHEDULE OF VALUES 26 6.03 APPLICATION FOR PAYMENT 26 6.04 PROGRESS PAYMENTS 27 6.05 PAYMENTS WITHHELD 27 6.06 RETAINAGE AND BOND CLAIM RIGHTS 28 6.07 SUBSTANTIAL COMPLETION 28 6.08 PRIOR OCCUPANCY 28 6.09 FINAL COMPLETION,ACCEPTANCE,AND PAYMENT 28 PART 7-CHANGES 29 7.01 CHANGE IN THE WORK 29 7.02 CHANGE IN THE CONTRACT SUM 30 7.03 CHANGE IN THE CONTRACT TIME 35 PART 8-CLAIMS AND DISPUTE RESOLUTION 37 8.01 CLAIMS PROCEDURE 37 8.02 ARBITRATION 38 8.03 CLAIMS AUDITS 39 PART 9-TERMINATION OF THE WORK 40 9.01 TERMINATION BY OWNER FOR CAUSE 40 9.02 TERMINATION BY OWNER FOR CONVENIENCE 41 PART 10-MISCELLANEOUS PROVISIONS 41 10.01 GOVERNING LAW 41 10.02 SUCCESSORS AND ASSIGNS 42 10.03 MEANING OF WORDS 42 10.04 RIGHTS AND REMEDIES 42 10.05 CONTRACTOR REGISTRATION 42 10.06 TIME COMPUTATIONS 42 10.07 RECORDS RETENTION 42 10.08 THIRD-PARTY AGREEMENTS 42 10.09 ANTITRUST ASSIGNMENT 43 10.10 HEADINGS AND CAPTIONS 43 10.11 SPECIAL CONDITIONS 43 00 72 00-2 DOCUMENT 00 72 00 GENERAL CONDITIONS OF THE CONTRACT PART 1 -GENERAL PROVISIONS 1.01 DEFINITIONS A. "Application for Payment"means a written request submitted by Contractor to NE for payment of Work completed in accordance with the Contract Documents and approved Schedule of Values, supported by such substantiating data as Owner or NE may require. B. "Architect,""Engineer,"or"NE"means a person or entity lawfully entitled to practice architecture or engineering, representing Owner within the limits of its delegated authority. C. "Change Order"means a written instrument signed by Owner and Contractor stating their agreement upon all of the following: (1)a change in the Work; (2)the amount of the adjustment in the Contract Sum, if any, and(3)the extent of the adjustment in the Contract Time, if any. D. "Claim" means Contractor's exclusive remedy for resolving disputes with Owner regarding the terms of a Change Order or a request for equitable adjustment, as more fully set forth in Part 8. E. "Contract Award Amount" is the sum of the Base Bid and any accepted Alternates. F. "Contract Documents"means the Advertisement for Bids, Instructions for Bidders, completed Bid Form, General Conditions, Modifications to the General Conditions, Supplemental Conditions, Public Works Contract, other Special Forms, Drawings and Specifications, and all addenda and modifications thereof. G. "Contract Sum" is the total amount payable by Owner to Contractor,for performance of the Work in accordance with the Contract Documents, including all taxes imposed by law and properly chargeable to the Work, except Washington State sales tax. H. "Contract Time" is the number of calendar days allotted in the Contract Documents for achieving Substantial Completion of the Work. I. "Contractor" means the person or entity who has agreed with Owner to perform the Work in accordance with the Contract Documents. J. "Day(s): Unless otherwise specified, day(s)shall mean calendar day(s)." K. "Drawings"are the graphic and pictorial portions of the Contract Documents showing the design, location, and dimensions of the Work,and may include plans, elevations, sections, details, schedules, and diagrams. L. "Final Acceptance" means the written acceptance issued to Contractor by Owner after Contractor has completed the requirements of the Contract Documents, as more fully set forth in Section 6.09 B. M. "Final Completion"means that the Work is fully and finally complete in accordance with the Contract Documents, as more fully set forth in Section 6.09 A. N. "Force Majeure" means those acts entitling Contractor to request an equitable adjustment in the Contract Time, as more fully set forth in paragraph 3.05A. O. "Notice" means a written notice that has been delivered to the authorized representative or officer of the addressed party by registered or certified mail, or by email as a PDF attachment. Notices should clearly identify the project number and date of notice. P. "Notice to Proceed" means a notice from Owner to Contractor that defines the date on which the Contract Time begins to run. Q. "Owner"means the state agency, institution, or its authorized representative with the authority to enter into, administer, and/or terminate the Work in accordance with the Contract Documents and make related determinations and findings. 007200-3 DOCUMENT 00 72 00 GENERAL CONDITIONS OF THE CONTRACT R. "Person"means a corporation, partnership, business association of any kind,trust, company, or individual. S. "Prior Occupancy" means Owner's use of all or parts of the Project before Substantial Completion, as more fully set forth in Section 6.08 A. T. "Progress Schedule"means a schedule of the Work, in a form satisfactory to Owner, as further set forth in Section 3.02. U. "Project"means the total construction of which the Work performed in accordance with the Contract Documents may be the whole or a part and which may include construction by Owner or by separate contractors. V. "Project Record"means the separate set of Drawings and Specifications as further set forth in paragraph 4.02A. W. "Schedule of Values"means a written breakdown allocating the total Contract Sum to each principal category of Work, in such detail as requested by Owner. X. "Specifications"are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work,and performance of related services. Y. "Subcontract"means a contract entered into by Subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind for or in connection with the Work. Z. "Subcontractor" means any person, other than Contractor,who agrees to furnish or furnishes any supplies, materials, equipment, or services of any kind in connection with the Work. AA. "Substantial Completion°means that stage in the progress of the Work when the construction is sufficiently complete, as more fully set forth in Section 6.07. AB. "Work"means the construction and services required by the Contract Documents, and includes, but is not limited to, labor, materials, supplies,equipment, services, permits, and the manufacture and fabrication of components, performed, furnished, or provided in accordance with the Contract Documents. 1.02 ORDER OF PRECEDENCE Any conflict or inconsistency in the Contract Documents shall be resolved by giving the documents precedence in the following order: 1. Signed Public Works Contract, including any Change Orders. 2. Supplemental Conditions. 3. Modifications to the General Conditions. 4. General Conditions. 5. Specifications. Provisions in Division 1 shall take precedence over provisions of any other Division. 6. Drawings. In case of conflict within the Drawings, large-scale drawings shall take precedence over small-scale drawings. 7. Signed and Completed Bid Form. 8. Instructions to Bidders. 9. Advertisement for Bids. 1.03 EXECUTION AND INTENT Contractor Representations: Contractor makes the following representations to Owner: 1. Contract Sum reasonable: The Contract Sum is reasonable compensation for the Work and the Contract Time is adequate for the performance of the Work, as represented by the Contract Documents; 00 72 00-4 DOCUMENT 00 72 00 GENERAL CONDITIONS OF THE CONTRACT 2. Contractor familiar with project: Contractor has carefully reviewed the Contract Documents, visited and examined the Project site, become familiar with the local conditions in which the Work is to be performed, and satisfied itself as to the nature, location,character, quality and quantity of the Work, the labor, materials, equipment,goods, supplies,work, services and other items to be furnished and all other requirements of the Contract Documents,as well as the surface and subsurface conditions and other matters that may be encountered at the Project site or affect performance of the Work or the cost or difficulty thereof; 3. Contractor financially capable: Contractor is financially solvent,able to pay its debts as they mature, and possesses sufficient working capital to complete the Work and perform Contractor's obligations required by the Contract Documents; and 4. Contractor can complete Work:Contractor is able to furnish the plant,tools, materials, supplies,equipment and labor required to complete the Work and perform the obligations required by the Contract Documents and has sufficient experience and competence to do so. PART 2- INSURANCE AND BONDS 2.01 CONTRACTOR'S LIABILITY INSURANCE General insurance requirements: Prior to commencement of the Work, Contractor shall obtain all the insurance required by the Contract Documents and provide evidence satisfactory to Owner that such insurance has been procured. Review of the Contractor's insurance by Owner shall not relieve or decrease the liability of Contractor. Companies writing the insurance to be obtained by this part shall be licensed to do business under Chapter 48 RCW or comply with the Surplus Lines Law of the State of Washington. Contractor shall include in its bid the cost of all insurance and bond costs required to complete the base bid work and accepted alternates. Insurance carriers providing insurance in accordance with the Contract Documents shall be acceptable to Owner, and its A.M. Best rating shall be indicated on the insurance certificates. A. Term of insurance coverage: Contractor shall maintain the following insurance coverage during the Work and for one year after Final Acceptance. Contractor shall also maintain the following insurance coverage during the performance of any corrective Work required by Section 5.16. 1. General Liability Insurance: Commercial General Liability(CGL) on an Occurrence Form. Coverage shall include, but not be limited to: a. Completed operations/products liability; b. Explosion,collapse,and underground;and c. Employer's liability coverage. 2. Automobile Liability Insurance:Automobile liability B. Industrial Insurance compliance: Contractor shall comply with the Washington State Industrial Insurance Act and, if applicable, the Federal Longshoremen's and Harbor Workers'Act and the Jones Act. C. Insurance to protect for the following:All insurance coverages shall protect against claims for damages for personal and bodily injury or death, as well as claims for property damage, which may arise from operations in connection with the Work whether such operations are by Contractor or any Subcontractor. D. Owner as Additional Insured:All insurance coverages shall be endorsed to include Owner as an additional named insured for Work performed in accordance with the Contract Documents, and all insurance certificates shall evidence the Owner as an additional insured. 2.02 COVERAGE LIMITS A. Insurance Coverage Certificates and Policies 007200-5 DOCUMENT 00 72 00 GENERAL CONDITIONS OF THE CONTRACT The Contractor shall furnish acceptable proof of insurance coverage on the state of Washington Certificate of Insurance form SF500A,dated 07/02/92 or ACORD form, as well as copies of insurance policies. B. Required Insurance Coverages 1. For a contract less than$100,000.00,the coverage required is: a. Comprehensive General Liability Insurance—The Contractor shall at all times during the term of this contract, at its cost and expense, carry and maintain general public liability insurance, including contractual liability, against claims for bodily injury, personal injury, death or property damage occurring or arising out of services provided under this contract. This insurance shall cover claims caused by any act, omission,or negligence of the Contractor or its officers, agents, representatives,assigns or servants.The limits of liability insurance, which may be increased as deemed necessary by the contracting parties, shall be: Each Occurrence $1,000,000.00 General Aggregate Limits $1,000,000.00 (other than products—commercial operations) Products—Commercial Operations Limit $1,000,000.00 Personal and Advertising Injury Limit $1,000,000.00 Fire Damage Limit(any one fire) $50,000.00 Medical Expense Limit(any one person) $5,000.00 b. If the contract is for underground utility work,then the Contractor shall provide proof of insurance for that above in the form of Explosion, Collapse and Underground (XCU)coverage. c. Employers Liability on an occurrence basis in an amount not less than $1,000,000.00 per occurrence. 2. For contracts over$100,000.00 but less than$5,000,000.00 the contractor shall obtain the coverage limits as listed for contracts below$100,000.00 and General Aggregate and Products—Commercial Operations Limit of not less than $2,000,000.00. 3. Coverage for Comprehensive General Bodily Injury Liability Insurance for a contract over$5,000,000.00 is: Each Occurrence $2,000,000.00 General Aggregate Limits $4,000,000.00 (other than products—commercial operations) Products—Commercial Operations limit $4,000,000.00 Personal and Advertising Injury Limit $2,000,000.00 Fire Damage Limit(any one fire) $50,000.00 Medical Expense Limit(any one Person) $5,000.00 4. For all Contracts—Automobile Liability: in the event that services delivered pursuant to this contract involve the use of vehicles or the transportation of clients, automobile liability insurance shall be required. If Contractor-owned personal vehicles are used, a Business Automobile Policy covering at a minimum Code 2"owned autos only" must be secured. If Contractor employee's vehicles are used, the Contractor must also include under the Business Automobile Policy Code 9, coverage for non-owned autos.The minimum limits for automobile liability is:$1,000,000.00 per occurrence, using a combined single limit for bodily injury and property damage. 00 72 00-6 DOCUMENT 00 72 00 GENERAL CONDITIONS OF THE CONTRACT 5. For Contracts for Hazardous Substance Removal(Asbestos Abatement, PCB Abatement, etc.) a. In addition to providing insurance coverage for the project as outlined above, the Contractor shall provide Pollution Liability insurance for the hazardous substance removal as follows: EACH OCCURRENCE AGGREGATE $500,000.00 $1,000,000.00 or$1,000,000.00 each occurrence/aggregate bodily injury and property damage combined single limit. i. Insurance certificate must state that the insurer is covering hazardous substance removal. ii. Should this insurance be secured on a"claims made" basis,the coverage must be continuously maintained for one year following the project's"final completion"through official completion of the project, plus one year following. For Contracts where hazardous substance removal is a subcomponent of contracted work, the general contractor shall provide to the Owner a certificate of insurance for coverage as defined in 5a.above. Lewis County must be listed as an additional insured. This certificate of insurance must be provided to the Owner prior to commencing work. 2.03 INSURANCE COVERAGE CERTIFICATES A. Certificate required: Prior to commencement of the Work, Contractor shall furnish to Owner a completed certificate of insurance coverage. B. List Proiect info:All insurance certificates shall name Owner's Project number and Project title. C. Cancellation provisions:All insurance certificates shall specifically require 45 Days prior notice to Owner of cancellation or any material change, except 30 Days for surplus line insurance. 2.04 PAYMENT AND PERFORMANCE BONDS Conditions for bonds: Payment and performance bonds for 100%of the Contract Award Amount, plus state sales tax, shall be furnished for the Work, using the Payment Bond and Performance Bond form published by and available from the American Institute of Architects(AIA)—form A312. Prior to execution of a Change Order that, cumulatively with previous Change Orders, increases the Contract Award Amount by 15%or more,the Contractor shall provide either new payment and performance bonds for the revised Contract Sum, or riders to the existing payment and performance bonds increasing the amount of the bonds.The Contractor shall likewise provide additional bonds or riders when subsequent Change Orders increase the Contract Sum by 15%or more. No payment or performance bond is required if the Contract Sum is$150,000 or less and the Contractor or General Contractor/Construction Manager agrees that Owner may, in lieu of the bond, retain 10%of the Contract Sum for the period allowed by RCW 39.08.010. 2.05 ALTERNATIVE SURETY When alternative surety required: Contractor shall promptly furnish payment and performance bonds from an alternative surety as required to protect Owner and persons supplying labor or materials required by the Contract Documents if: 007200-7 DOCUMENT 00 72 00 GENERAL CONDITIONS OF THE CONTRACT A. Owner has a reasonable objection to the surety; or B. Any surety fails to furnish reports on its financial condition if required by Owner. 2.06 BUILDER'S RISK A. Contractor to buy Property Insurance: Contractor shall purchase and maintain property insurance in the amount of the Contract Sum including all Change Orders for the Work on a replacement cost basis until Substantial Completion. For projects not involving New Building Construction,"Installation Floater"is an acceptable substitute for the Builder's Risk Insurance. The insurance shall cover the interest of Owner, Contractor, and any Subcontractors, as their interests may appear. B. Losses covered:Contractor property insurance shall be placed on an"all risk"basis and insure against the perils of fire and extended coverage and physical loss or damage including theft, vandalism, malicious mischief, collapse, false work, temporary buildings, debris removal including demolition occasioned by enforcement of any applicable legal requirements,and shall cover reasonable compensation for A/E's services and expenses required as a result of an insured loss. C. Waiver of subrogation rights: Owner and Contractor waive all subrogation rights against each other,any Subcontractors,NE,A/E's sub-consultants, separate contractors described in Section 5.20, if any, and any of their subcontractors,for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this section or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by Owner as fiduciary.The policies shall provide such waivers of subrogation by endorsement or otherwise.A waiver of subrogation shall be effective to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise,did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. PART 3-TIME AND SCHEDULE 3.01 PROGRESS AND COMPLETION Contractor to meet schedule: Contractor shall diligently prosecute the Work,with adequate forces,achieve Substantial Completion within the Contract Time, and achieve Final Completion within a reasonable period thereafter. 3.02 CONSTRUCTION SCHEDULE A. Preliminary Progress Schedule: Unless otherwise provided in Division 1, Contractor shall, within 14 Days after issuance of the Notice to Proceed, submit a preliminary Progress Schedule. The Progress Schedule shall show the sequence in which Contractor proposes to perform the Work, and the dates on which Contractor plans to start and finish major portions of the Work, including dates for shop drawings and other submittals, and for acquiring materials and equipment. B. Form of Progress Schedule: The Progress Schedule shall be in the form of a Critical Path Method (CPM) logic network or,with the approval of the Owner,a bar chart schedule may be submitted. The scheduling of construction is the responsibility of the Contractor and is included in the contract to assure adequate planning and execution of the work. The schedule will be used to evaluate progress of the work for payment based on the Schedule of Values. The schedule shall show the Contractor's planned order and interdependence of activities, and sequence of work. As a minimum the schedule shall include: 1. Date of Notice to Proceed; 00 72 00-8 DOCUMENT 00 72 00 GENERAL CONDITIONS OF THE CONTRACT 2. Activities(resources, durations, individual responsible for activity, early starts, late starts,early finishes, late finishes, etc.); 3. Utility Shutdowns; 4. Interrelationships and dependence of activities; 5. Planned vs. actual status for each activity; 6. Substantial completion; 7. Punch list; 8. Final inspection; 9. Final completion,and 10. Float time The Schedule Duration shall be based on the Contract Time of Completion listed on the Bid Form. The Owner shall not be obligated to accept any Early Completion Schedule suggested by the Contractor. The Contract Time for Completion shall establish the Schedule Completion Date. If the Contractor feels that the work can be completed in less than the Specified Contract Time, then the Surplus Time shall be considered Project Float. This Float time shall be shown on the Project Schedule. It shall be available to accommodate changes in the work and unforeseen conditions. Neither the Contractor nor the Owner have exclusive right to this Float Time. It belongs to the project. C. Owner comments on Progress Schedule: Owner shall return comments on the preliminary Progress Schedule to Contractor within 14 Days of receipt. Review by Owner of Contractor's schedule does not constitute an approval or acceptance of Contractor's construction means, methods, or sequencing, or its ability to complete the Work within the Contract Time. Contractor shall revise and resubmit its schedule, as necessary. Owner may withhold a portion of progress payments until a Progress Schedule has been submitted which meets the requirements of this section. D. Monthly updates and compliance with Progress Schedule: Contractor shall utilize and comply with the Progress Schedule. On a monthly basis,or as otherwise directed by Owner, Contractor shall submit an updated Progress Schedule at its own expense to Owner indicating actual progress. If, in the opinion of Owner, Contractor is not in conformance with the Progress Schedule for reasons other than acts of Force Majeure as identified in Section 3.05, Contractor shall take such steps as are necessary to bring the actual completion dates of its work activities into conformance with the Progress Schedule, and if directed by Owner, Contractor shall submit a corrective action plan or revise the Progress Schedule to reconcile with the actual progress of the Work. E. Contractor to notify Owner of delays: Contractor shall promptly notify Owner in writing of any actual or anticipated event which is delaying or could delay achievement of any milestone or performance of any critical path activity of the Work. Contractor shall indicate the expected duration of the delay,the anticipated effect of the delay on the Progress Schedule,and the action being or to be taken to correct the problem. Provision of such notice does not relieve Contractor of its obligation to complete the Work within the Contract Time. 3.03 OWNER'S RIGHT TO SUSPEND THE WORK FOR CONVENIENCE A. Owner may suspend Work: Owner may,at its sole discretion, order Contractor, in writing, to suspend all or any part of the Work for up to 90 Days, or for such longer period as mutually agreed. B. Compliance with suspension; Owner's options: Upon receipt of a written notice suspending the Work, Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of cost of performance directly attributable to such suspension. 007200-9 DOCUMENT 00 72 00 GENERAL CONDITIONS OF THE CONTRACT Within a period up to 90 Days after the notice is delivered to Contractor, or within any extension of that period to which the parties shall have agreed, Owner shall either: 1. Cancel the written notice suspending the Work;or 2. Terminate the Work covered by the notice as provided in the termination provisions of Part 9. C. Resumption of Work: If a written notice suspending the Work is cancelled or the period of the notice or any extension thereof expires, Contractor shall resume Work. D. Equitable Adjustment for suspensions: Contractor shall be entitled to an equitable adjustment in the Contract Time, or Contract Sum,or both,for increases in the time or cost of performance directly attributable to such suspension, provided Contractor complies with all requirements set forth in Part 7. 3.04 OWNER'S RIGHT TO STOP THE WORK FOR CAUSE A. Owner may stop Work for Contractor's failure to perform: If Contractor fails or refuses to perform its obligations in accordance with the Contract Documents, Owner may order Contractor, in writing,to stop the Work,or any portion thereof, until satisfactory corrective action has been taken. B. No Equitable Adjustment for Contractor's failure to perform: Contractor shall not be entitled to an equitable adjustment in the Contract Time or Contract Sum for any increased cost or time of performance attributable to Contractor's failure or refusal to perform or from any reasonable remedial action taken by Owner based upon such failure. 3.05 DELAY A. Force Majeure actions not a default; Force Majeure defined:Any delay in or failure of performance by Owner or Contractor, other than the payment of money, shall not constitute a default hereunder if and to the extent the cause for such delay or failure of performance was unforeseeable and beyond the control of the party("Force Majeure").Acts of Force Majeure include, but are not limited to: 1. Acts of God or the public enemy; 2. Acts or omissions of any non-Owner government entity; 3. Fire or other casualty for which Contractor is not responsible; 4. Quarantine or epidemic; 5. Strike or defensive lockout; 6. Unusually severe weather conditions which could not have been reasonably anticipated;and 7. Unusual delay in receipt of supplies or products which were ordered and expedited and for which no substitute reasonably acceptable to Owner was available. B. Contract Time adjustment for Force Majeure: Contractor shall be entitled to an equitable adjustment in the Contract Time for changes in the time of performance directly attributable to an act of Force Majeure, provided it makes a request for equitable adjustment according to Section 7.03. Contractor shall not be entitled to an adjustment in the Contract Sum resulting from an act of Force Majeure. C. Contract Time or Contract Sum adjustment if Owner at fault: Contractor shall be entitled to an equitable adjustment in Contract Time, and may be entitled to an equitable adjustment in Contract Sum, if the cost or time of Contractor's performance is changed due to the fault or negligence of Owner, provided the Contractor makes a request according to Sections 7.02 and 7.03. D. No Contract Time or Contract Sum adjustment if Contractor at fault: Contractor shall not be entitled to an adjustment in Contract Time or in the Contract Sum for any delay or failure of performance to the extent such delay or failure was caused by Contractor or anyone for whose acts Contractor is responsible. 00 72 00- 10 DOCUMENT 00 72 00 GENERAL CONDITIONS OF THE CONTRACT E. Contract Time adjustment only for concurrent fault:To the extent any delay or failure of performance was concurrently caused by the Owner and Contractor, Contractor shall be entitled to an adjustment in the Contract Time for that portion of the delay or failure of performance that was concurrently caused, provided it makes a request for equitable adjustment according to Section 7.03, but shall not be entitled to an adjustment in Contract Sum. F. Contractor to mitigate delay impacts: Contractor shall make all reasonable efforts to prevent and mitigate the effects of any delay,whether occasioned by an act of Force Majeure or otherwise. 3.06 NOTICE TO OWNER OF LABOR DISPUTES A. Contractor to notify Owner of labor disputes: If Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay timely performance in accordance with the Contract Documents, Contractor shall immediately give notice, including all relevant information, to Owner. B. Pass through notification provisions to Subcontractors: Contractor agrees to insert a provision in its Subcontracts and to require insertion in all sub-subcontracts,that in the event timely performance of any such contract is delayed or threatened by delay by any actual or potential labor dispute, the Subcontractor or Sub-subcontractor shall immediately notify the next higher tier Subcontractor or Contractor, as the case may be, of all relevant information concerning the dispute. 3.07 DAMAGES FOR FAILURE TO ACHIEVE TIMELY COMPLETION A. Liquidated Damages 1. Reason for Liquidated Damages: Timely performance and completion of the Work is essential to Owner and time limits stated in the Contract Documents are of the essence. Owner will incur serious and substantial damages if Substantial Completion of the Work does not occur within the Contract Time. However, it would be difficult if not impossible to determine the exact amount of such damages. Consequently, provisions for liquidated damages are included in the Contract Documents. 2. Calculation of Liquidated Damages amount:The liquidated damage amounts set forth in the Contract Documents will be assessed not as a penalty, but as liquidated damages for breach of the Contract Documents. This amount is fixed and agreed upon by and between the Contractor and Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain. This amount shall be construed as the actual amount of damages sustained by the Owner,and may be retained by the Owner and deducted from periodic payments to the Contractor. 3. Contractor responsible even if Liquidated Damages assessed:Assessment of liquidated damages shall not release Contractor from any further obligations or liabilities pursuant to the Contract Documents. B. Actual Damages Calculation of Actual Damages:Actual damages will be assessed for failure to achieve Final Completion within the time provided.Actual damages will be calculated on the basis of direct architectural, administrative,and other related costs attributable to the Project from the date when Final Completion should have been achieved, based on the date Substantial Completion is actually achieved,to the date Final Completion is actually achieved. Owner may offset these costs against any payment due Contractor. 00 72 00- 11 DOCUMENT 00 72 00 GENERAL CONDITIONS OF THE CONTRACT PART 4- SPECIFICATIONS, DRAWINGS, AND OTHER DOCUMENTS 4.01 DISCREPANCIES AND CONTRACT DOCUMENT REVIEW A. Specifications and Drawings are basis of the Work:The intent of the Specifications and Drawings is to describe a complete Project to be constructed in accordance with the Contract Documents. Contractor shall furnish all labor, materials, equipment,tools, transportation, permits, and supplies,and perform the Work required in accordance with the Drawings, Specifications, and other provisions of the Contract Documents. B. Parts of the Contract Documents are complementary: The Contract Documents are complementary. What is required by one part of the Contract Documents shall be binding as if required by all.Anything mentioned in the Specifications and not shown on the Drawings,or shown on the Drawings and not mentioned in the Specifications, shall be of like effect as if shown or mentioned in both. C. Contractor to report discrepancies in Contract Documents: Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by Owner. If, during the performance of the Work, Contractor finds a conflict, error, inconsistency,or omission in the Contract Documents, it shall promptly and before proceeding with the Work affected thereby, report such conflict,error, inconsistency, or omission to A/E in writing. D. Contractor knowledge of discrepancy in documents—responsibility: Contractor shall do no Work without applicable Drawings, Specifications,or written modifications, or Shop Drawings where required, unless instructed to do so in writing by Owner. If Contractor performs any construction activity,and it knows or reasonably should have known that any of the Contract Documents contain a conflict, error, inconsistency,or omission, Contractor shall be responsible for the performance and shall bear the cost for its correction. E. Contractor to perform Work implied by Contract Documents: Contractor shall provide any work or materials the provision of which is clearly implied and is within the scope of the Contract Documents even if the Contract Documents do not mention them specifically. F. Interpretation questions referred to NE: Questions regarding interpretation of the requirements of the Contract Documents shall be referred to the NE. 4.02 PROJECT RECORD A. Contractor to maintain Project Record Drawings and Specifications: Contractor shall legibly mark in ink on a separate set of the Drawings and Specifications all actual construction, including depths of foundations, horizontal and vertical locations of internal and underground utilities and appurtenances referenced to permanent visible and accessible surface improvements,field changes of dimensions and details,actual suppliers, manufacturers and trade names, models of installed equipment,and Change Order Proposals(COP).This separate set of Drawings and Specifications shall be the"Project Record." B. Update Project Record weekly and keep on site:The Project Record shall be maintained on the project site throughout the construction and shall be clearly labeled"PROJECT RECORD."The Project Record shall be updated at least weekly noting all changes and shall be available to Owner at all times. C. Final Project Record to NE before Final Acceptance: Contractor shall submit the completed and finalized Project Record to NE prior to Final Acceptance. 4.03 SHOP DRAWINGS A. Definition of Shop Drawings:"Shop Drawings"means documents and other information required to be submitted to NE by Contractor pursuant to the Contract Documents, showing in detail:the proposed fabrication and assembly of structural elements; and the installation(i.e.form,fit,and attachment details)of materials and equipment. Shop 00 72 00- 12 Project Name: Lewis Co. Community Development Tenant Improvements Project No.: J2037C Contractor Name: G c2 I,-)ST R(A.GT i 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) Ti n Mil/.1 hi Dne tc j J 'en 74ous44$ It /? G9d.Qd (Please print dollar amount in space above) (do not include Washington State Sales Tax) TRENCH EXCAVATION SAFETY PROVISIONS $ 925- (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 S0.00) to be responsive. 2) BID ALTERNATES (Specify whether additive or deductive) (1) $ (2) $ (3) $ 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. TIME FOR COMPLETION: Contract Time-The undersigned hereby agrees to Substantially Complete all the work under the Base Bid (and accepted Alternates)within 300 calendar days after the date of Notice to Proceed. Final Completion—All the Work shall be fully and finally completed in accordance with the contract documents within 45 calendar days after the date of Substantial Completion. UNIT PRICES (Where applicable) (Do not include Washington State Sales Tax) Unit Estimated Additive Deductive Per Item No. Description Quantities Unit Price Unit Price Measurement 1. Masonry Point& Tuck 4800 SF $ 40.00/sF $ 35.00/ 5F Square Foot 2. $ $ 3. S $ The above unit prices shall be for any additive and deductive work within 15% of the above estimated quantities. The unit price shall include full compensation for the cost of labor, materials, equipment, overhead, profit and any additional costs associated with the unit bid. DOCUMENT 00 41 00-BID FORM Page 1 of 3 Project Name: Lewis/Co. Community Development Tenant Improvements Project No.: J2037C Contractor Name: 6r9 " 1- t( T/ T c. The Owner reserves the right to accept or reject any or all unit prices within sixty (60) days of the bid date. Unit prices not accepted within 60 days of the bid date are rejected. 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. LIQUIDATED DAMAGES The undersigned agrees to pay the Owner as liquidated damages the sum of $ 320.00 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. RECEIPT OF ADDENDA Receipt of the following addenda is acknowledged: Addendum No. = Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Name of Firm C 5T fa.uc"c C. NOTE:If Bidder is a cO7ration.write State of Incorporation;if a partnership,give full names and addresses of all parses below. Signed by i (/ * Official Capacity P Stt> EtJT Print Name A► SDR- t-k te-t5-V 5EJ Address 55 \ ReSQEfZ 14D. Sti ) City Tc..k. ATE R State tniA Zip Code 616 512-- oZ65 Date 12. 1g. 21 Telephone 3f0256. E32cv FAX State of Washington Contractor's License No. �C7 5-c t i` 12'3 Federal Tax ID # C 1- 1qD 16t0 E-mail address: -�- Employment Security Department No. 6 4 160 y -Uo - 8 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 an arding a public works contract, the Owner is required to determine that a bidder meets the responsibility crnenu to he considered a 'responsible bidder'and is qualified to be awarded a pu"hc works project. SeeRr'fi'wua?,fatl)tyl,C•O. Pursuant to legislative enactment in2017.the responczbtl:n•criteria include a contractorcernfication that the contractor has not n•rlUidly violated Washington's(roge laws. See Chap.258. 2017 Laws(enacting SSB.iSh1). Project No.: 12037C Project Name: Lewis Co. Comm. Dev.Tenant lmpr. Procurement Solicitation Date: /2.16.2I I hereby certify, on behalf of the firm identified below,as follows (check one): C1 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: C>t.-)ST(Z_t,tLT t e—�C. Name of Contractor/Bidder—Print full legal entity name cf firm By: Signature of authorized person Print Name of person making certifications for firm Title: PRESt.D Place: TtAr•AwA-rE ., w A Title of person signing certificate Print city and state where signed Date: (Z . l 6 . Z.I DOCUMENT 00 41 00-BID FORM Page 3 of 3 Provided to Builders Exchange or WA, Inc. For usage Conditions Agreement see www.bxwa.:o-. - Always Verity Scat • Project Name Lewis Co. Community Development Tenant Improvements Project No.: J2037C Contractor Name: C . b tJ ST R.CA LT LEWIS COUNTY FACILITIES DEPARTMENT Subcontractor List Form A For HVAC, Plumbing, and Electrical Within One Hour of the Bid Submittal Time In compliance v ith 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 moretthe 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 THE ..4deehamicaf, IYIC a. HVAC, Alternate Bid • 2. Plumbing, Base Bid nla • JM Ph/whirl ✓I/eckanmeal a. Plumbing, Alternate Bid C - 3. Electrical, Base Bid n/a 13e f5ch ,yj G�ec/r1 c a. Electrical,Alternate Bid Bidder may attach a separate sheet for additional alternate bid subcontractors. Submitted By: ,4kdr C -sr se-> Print Name and Title of Atdhort ed Person Provided to duileers Exenange 07 liA, Inc. For usage Condi:ions Agreement scc w.:w.bxwa.coa, - Always Verity Scal Project Name. Lewis Co. Community Development Tenant Improvements Project No. J2037C Contractor Name. s-r )2 Gt�T ►.�C. 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. or of Work Alternate Bid# Category y (if applicable) Firm Name 1. Structural Steel Installation, n/a Base Bid 0,on5fruc 1 lviC- 1 a. Structural Steel Installation, Alternate Bid 2. Rebar Installation. �! Base Bid n/a (.OYISinlet Inc. a. Rebar Installation, Alternate Bid Bidder may attach a separate sheet for additional alternate bid subcontractors. Submitted By: A viat"' - (,-hrisL`G.> te., Pnnt Name and Tdle of Authonzed Person Provides to auilects Exchange of WA, Ins. For usage Conoiions Agreement sec www.bxwa.cor - Always Verity Seal Bond No. 107447705 THE AMERICAN INSTITUTE OF ARCHITECTS 11ll1I//.. AIA 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 DI50 Tumwater,WA 98512 Bellevue,WA 98005 OWNER (Name and Address): Lewis Count) Chehalis,WA CONSTRUCTION CONTRACT Date: Amount: Two Million Onc Hundrcd Seventy-Seven Thousand($2.177.000.00)olus 8.2%sales tax Description (Name and Location): Lewis County Community Development Tenant Improvement Project,#31-2102 BOND Date (Not earlier than Construction Contract Date): Amount: l,vu Million Three Hundred Fifty-Five Thousand Fig e I kindred Fourteen($2,355,514.00) Modifications to this Bond: 0 None ❑ See Page 3 • CONTRACTOR AS PRINCIPAL SURETY Company:Construct,Inc. (Corporate Seal) Company:_ (Corporate.Sea!). Travelers Casualty a un pan} .It : menr. � f Signature: -- s�� Signature: Name and Title: �nc�rcc.T C/�`•^fs�e Name and 'Title: Knctin fiantamaria Attorney-in-Fact fire J,ll/ .4T • (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or USI Insurance Services other party): 2340 130th Ave NE D150 Bellevue,WA 98005 425-822-1368 ALA DOCUMENT A312 • PERFORM NCE BONO AND PAYMENT BOND•DECEMBER 1964 ED. •AIA A THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVE..N.W.,WASHINGTON, D.C. 20006 A312.1984 1 THIRD PRINTING• MARCH 1947 '' Bond No. 107447705 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 paymen t 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 li 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 this Bond. and the Owner shall be entitled to enforce any 3.1 The Owner has notified the Contractor and the remedy available to the Owner. If the Surety proceeds as Surety at its address described in Paragraph 10 below provided in Subparagraph 4.4, and the Owner refuses the that the Owner is considering declaring a Contractor payment tendered or the Surety has denied i.",ility, in Default and has requested and attempted to arrange a 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 tion 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 Owner under the Construction Contract.To the limit of the formally terminated the Contractor's right to complete amount of this Bond, but subject to commitment by the the contract. Such Contractor Default shall not be de- Owner of the Balance of the Contract Price to mitigation of Glared earlier than twenty days after the Contractor and costs and damages on the Construction Contract,the Sure- the Surety have received notice as provided in Sub- ty is obligated without duplication for: paragraph 3.1; and 6.1 The responsibilities of the Contractor for correc- 3.3 The Owner has agreed to pay the Balance of the tion of defective work and completion of the Construc- Contract Price to the Surety in accordance with the tion Contract; terms of the Construction Contract or to a contractor selected to perform the Construction Contract in actor- 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- sulting from the actions or failure to act of the Surety under Paragraph 4; and graph 3, the Surety shall promptly and at the Surety's ex- 'pense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages 4.1 Arrange for the Contractor, with consent of the 'are specified in the Construction Contract,actual darn- 4.1 ages caused by delayed performance or non-perfor- Owner, to perform and complete the Construction • mance of the Contractor. Contract; or 4.2 U ndertake toperform and complete the Construc- 7 The Surety shall not be liable to the Owner or others for p obligations of the Contractor that are unrelated to the Con- tion Contract itself, through its agents or through inde- struction Contract, and the Balance of the Contract Price pendent contractors; or 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 for a 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 qualified surety equivalent to the bonds issued on the lions. 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 .1 After investigation,determine the amount for prohibited by law,the minimum period of limitation avail- AMA DOCUMENT A312 • PERFORMANCE BONO ANO PAYMENT BONO•DECEMBER t764 ED. •AIA e 2 THE AMERIGN INSTITUTE OF ARCHITECTS. Iris NEW YORK AVE..NW_ WASHINGTON. 0.C. :0006 A312-1984 THtRO PRINTING •MARCH 1147 • • Bond No. 107447705 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 byf all Contractord and proper r the made to or on behalf of the under the Construction Con.nature page. 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 sig.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 12.1 Balance of the Contract Price: The total amount neither been remedied nor waived, to pay the Con- payable la the Owner the Contractor under 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- MODIFICATIONS thereof. 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: AlA OOC:UMENT A312 • PERFORMANCE BONO ANO PAYMENT BONO•DECEMOER 1984 ED. •MA A 3 THE AERIN INSTITUTE OF ARCHITECTS. 1715 NEW YORX AVE..N.W.,WASHINCTON. O.C. 20006 A312-1984 M CA THIRO PRINTtNC •MARCH 1167 • Travelers Casualty and Surety Company of America iA► 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 Kristine Santamaria 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. s���r oyn�n � � y��r � `j �' �J1R. S. HAC4trnrC�. e : ` Y L�l Y�o Iot .01 State of Connecticut 4/11 By: li2 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 .•'••A n HO} az..4 /may! IN WITNESS WHEREOF,I hereunto set my hand and official seal " /C� 60iAR: My Commission expires the 30th day of June,2021 * �+• ®j P��19 Anna P.Nowik,Notary Public CO.WywCfO 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 uar w c 8 dt aoru.:t n•r Can S )1( yr Kevin E Hughes,Assi tant Secretary To verify the authenticity of this Power of Attorney,p/ease call us at 1-800-421-3880. P/ease refer to the above-named Attorney-in-Fact and the details of the bond to which this Power of Attorney is attached. • Bond No. 107447705 • THE AMERICAN INSTITUTE OF ARCHITECTS AIA 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#I08-345 2340 130th Ave NE D150 Tumwater,WA 98512 Bellevue,WA 98005 OWNER (Name and Address): • Lewis County Chehalis,WA CONSTRUCTION CONTRACT Date: Amount: Two Million One Hundred Seventy-Seven Thousand(S2,177,000.00)plus 8.2%sales tax Description (Name and Location): Lewis County Community Development Tenant Improvement Project,#31-2102 BOND Date (Not earlier than Construction Contract Date): Amount:Two Million Three Hundred Fifty-Five Thousand Five Hundred Fourteen(S2,355,514.00) Modifications to this Bond: p None 0 See Page 6 CONTRACTOR AS PRINCIPAL SURETY ��--�� any o • Co mpany_Construst, Inc (Corporate Seal) Company:Travelers Casualty and Surery OrtAifSSRnierica 64 Signature: 4t7"--41 c---I--1----- Name and Title:A„Iy, c..-4,,,ae..fe,,, I /O,,.e.r j eame and Title: Kristine Santamaria Attorney-in-Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: USI Insurance Services OWNER'S REPRESENTATIVE (Architect, Engineer or 2340 130th Ave NE D150 other party): Bellevue,WA 98005 425-822-1368 AIA DOCUMENT A212 •PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1964 ED.•ALA a THE AMERICAN INSTITUTE Or ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,O.C.20006 A312-1984 4 THIRD PRINTING•MARCH 1987 • • . , • . . • ' • • • • .. • ................ ...OS ....... •• ne S. • ....044144444064.. . •••••, • •••• .... • It S. ... r '41 - • . • • — v..••• • ••• • 4. *a low Cro.• • — : • • •-•7,4.$ = • • ••• "•....... ••• •••• • • 7.• '••••.•••••••• 7.••• ci P•:.••4 • 4.z . •%.•••• s••• .•••• • •• ••/ ..••••••••• 41 • • ••ed.:: t .. • • • •• • • .: • • • .• • • • • • • • • . • • • • . . . . . • • • • . , , • : • • • • •• • • . • , . . • • • •••.1..••:• •••1 .;•••••• •• : ..:3••••(•:.• • • • • ••. . • . 4 • 9•:' ••• • • Bond No. 107447705 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 an 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 the Surety under this Bond,subject to the Owner's prior- 3 With respect to Claimants, this obligation shall be 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 4 The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unrelat- under 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 claim will be paid directly or indirectly;and shall be mailed or delivered to the address shown on the 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 dent compliance. be deemed incorporated herein. The intent is that this AIA DOCUMENT A312•PERFORMANCE BONO AND PAYMENT BOND•DECEM8ER 1964 ED •AIA' THE AMERICAN INSTITUTE Or ARCHITECTS.173S NEW YORK AVE.N.W.,WASHINGTON.DC.2a006 A312-1984 5 T wean Pair•r. ”—• .. QrN 14117 Bond No. 107447705 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 1S 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 limita- tractor as required by the Construction Contract or to tion 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 BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1715 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 6 THIRD PRINTING•MARCH 1587 • Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS 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 Kristine Santamaria 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. F cot, t + HARTFORD ntni'L ` P e COrtl� r yL tr State of Connecticut By City of Hartford ss. Robert L.Rane Aenior 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. _ /�INNOIh 444 WITNESS WHEREOF,I hereunto set my hand and official seal ��'` (/ //��RCTAgYMy Commission expires the 30th day of June,2021 tcw*croic +1* r� 1.1° 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 : m EJ HAH cow 7 f Kevin E Hughes.Assi tant Secretary 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. • CONSINC-01 LISA ACORO' DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 1/12/2022 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(les)must have ADDITIONAL INSURED provisions or bo 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 NO NTACT Griffin MacLean Inc PHONE 425 822-1368 FAX 2340130th Ave NE D150 INC,No,E:t):( ) (ac,No):(425)822-2737 Bellevue,WA 98005 Rstikss,noreply©usi.com INSURERS)AFFORDING COVERAGE NAIC S INSURER A:Alaska National Insurance Co. 38733 INSURED INSURER B:RLI Insurance Company Construct,Inc. INSURER C: 855 Trosper Rd.SW#108-345 INSURER D: Tumwater,WA 98512 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MMIDO/Y'YYYI fMMIDD/YYYY1 A X `COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS-MADE X OCCUR X x 21BLS31577 2/23/2021 2/23/2022 pREMiS 5 EaIXTED ce) 5 100,000 MED EXP(Any one person) S 5,000 PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 POLICY n jCT LOC PRODUCTS-COMP/OP AGG S 2,000,000 OTHER: S A AUTOMOBILE LIABIUTY (Ea C,OMBBIIN DISINGLE LIMIT S 1,000,000 X ANY AUTO X X 21BAS31577 2/23/2021 2/23/2022 BODILY INJURY(Per person) S OWNED —SCHEDULED AUTOS ONLY _ AUTOS BODILYO INJURY(Peraccident) S X AUTOSAt01TNyyN ONLY ONLY x Ep (Pena aeM) AGE 5 S A X UMBRFI I A UAB X OCCUR EACH OCCURRENCE S 5,000,000 EXCESSUAB CLAIMS-MADE 21BLU31577 2)23/2021 2/23/2022 AGGREGATE S 5,000,000 DED X RETENTIONS 10,000 A WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPR:ETOR/PARTNER/EXECUTNE 21BLS31577 2/23/2021 2/23/2022 E.L.EACH ACCIDENT S 1,000,000 QQF�FICER/MEMBER EXCLUDED') N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 If yes.desabo under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S B Builders Risk 1LM0711734 1/17/2022 12/31/2022 Limit 2,355,514 B Ded on Bldr Risk ILM0711734 1/17/2022 12/31/2022 Ded 5,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,AddltIonal Remarks Schedule,may be attached If more space la required) Re:Lewis County Community Job Lewis County and owner are named as additonal insured.Coverage is primary and non contributory and includes a waiver of subrogation.The builders risk is written with a S5000 Ded. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Lewis County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Contact:Doug Carey,Facilities Department 351 NW North Street Chehalis,WA 98532 AUTHORED REPRESENTATIVE . ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD . qsq Alaska NatINSURANCE i Donal ANY CONTRACTORS' GENERAL LIABILITY ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. SCHEDULE OF COVERAGES ARE SUMMARIZED BELOW 1. Miscellaneous Additional Insureds 14. In Rem Actions 8 additional insured extensions. 1. MISCELLANEOUS ADDITIONAL INSUREDS Primary and Noncontributory Insurance Section II Who Is An Insured is amended to 2. Damage To Premises Rented to You include as an additional Insured any person or Limit increased to$500,000. organization described in Paragraphs 2.a. through 2.h. below whom you are required to add 3. Medical Payments as an additional insured on this policy under a Limits increased to$15,000. written contract or written agreement. However, Reporting period increased to three years from the written contract or written agreement must be: the date of accident. 1. Currently in effect or becoming effective 4. Non-owned Watercraft during the term of this policy; and Increased to 50 feet. 2. Executed prior to the "bodily injury", 5. Supplementary Payments "property damage'or"personal injury and Cost of bail bonds increased to$10,000. advertising injury", but Daily loss of earnings increased to$500. Only the following persons or organizations 6. Newly Formed Or Acquired Organizations are additional insureds under this Coverage extended to the end of the policy period endorsement and coverage provided to such or the next anniversary of this policy's effective additional insureds is limited as provided date. herein: 7. Liberalization Clause a. State or Governmental Agency or Subdivision or Political Subdivi- 8. Unintentional Failure To Disclose Hazards sions 9. Notice of Occurrence Any state or governmental agency or subdivision or political subdivision 10. Broad Knowledge of Occurrence that has issued a permit in connection with operations performed 11. Bodily Injury -Extension of Coverage by you or on your behalf and that you are required by any ordinance, law or 12. Expected Or Intended Injury building code to include as an Reasonable force - bodily injury or property additional insured on this coverage damage. part is an additional insured, but only 13. Blanket Waiver of Subrogation with respect to liability for "bodily Waiver of subrogation where required by written injury", "property damage", "personal contract or written agreement. and advertising injury" arising out of such operations. ANIC GL 1187 07 16 Page 1 of 6 Alaska National INSURANCE(a-/9 COMPANY The insurance provided to such state e. Owners or Other Interests From or political subdivision does not apply Whom Land Has Been Leased to any "bodily injury", "property damage" or"personal and advertising An owner or other interest from whom injury" arising out of operations land has been leased by you but only performed for that state or political with respect to liability arising out of subdivision. the ownership, maintenance or use of that specific part of the land leased to b. Controlling Interest you and subject to the following additional exclusions: Any persons or organizations with a controlling interest in you but only This insurance does not apply to: with respect to their liability arising out of: (1) Any "occurrence" which takes place after you cease to lease (1) Their financial control of you, or that land; or (2) Premises they own, maintain or (2) Structural alterations, new con- control while you lease or occupy struction or demolition operations these premises. performed by or on behalf of such additional insured. This insurance does not apply to structural alterations, new construc- f. Co-owner of Insured Premises tion and demolition operations performed by or for such additional A co-owner of a premises co-owned insured. by you and covered under this insurance but only with respect to the c. Managers or Lessors of Premises co-owners liability as co-owner of such premises. A manager or lessor of premises but only with respect to liability arising out g. Lessor of Equipment of the ownership, maintenance or use of that specific part of the premises Any person or organization from leased to you and subject to the whom you lease equipment. Such following additional exclusions: person or organization is an additional insured only with respect to This insurance does not apply to: their liability for 'bodily injury", "property damage" or "personal and (1) Any 'occurrence" which takes Advertising injury" caused, in whole place after you cease to be a or in part, by your maintenance, oper- tenant in that premises; or ation or use of equipment leased to you by such person or organization. (2) Structural alterations, new con- A person's or organization's status as struction or demolition operations an additional insured under this performed by or on behalf of endorsement ends when their written such additional insured. contract or written agreement with you for such leased equipment ends. d. Mortgagee,Assignee or Receiver With respect to the insurance A mortgagee, assignee or receiver afforded these additional insureds, but only with respect to their liability the following additional exclusions as mortgagee, assignee, or receiver apply: and arising out of the ownership, maintenance, or use of a premises by This insurance does not apply: you (1) To any "occurrence" which takes This insurance does not apply to place after the equipment lease structural alterations, new construc- expires; or tion or demolition operations performed by or for such additional insured. ANIC GL 1187 07 16 Page 2 of 6 „iv/ Alaska National SURANCE COMPANY (2) To "bodily injury”, "property operations hazard" for the damage", or "personal and additional insured. However, advertising injury" arising out of even if coverage within the the sole negligence of such "products-completed operations additional insured. hazard" is required by the written contract, such coverage is h. Owners, Lessees or Contractors available to the additional insured only if the "bodily injury" or (1) Such person or organization is an "property damage"occurs prior to additional insured for "bodily the end of the time period during injury", "property damage" and which you are required by the "personal and advertising injury" written contract to provide such if, and only to the extent that, the coverage or the expiration date of injury or damage is caused by the policy, whichever comes first. negligent acts or omissions of you or your subcontractor in the Any insurance provided to an additional performance of "your work" to insured designated under Paragraphs 2.a. which the written contract through 2.g. above does not apply to "bodily applies. This person or organi- injury" or "property damage" included within zation does not qualify as an the products-completed operations hazard." additional insured with respect to injury or damage caused in whole Primary And Noncontributory Insurance or in part by independent negligent acts or omissions of The following is added to the Other Insurance such person or organization. Condition and supersedes any provision to the (2) However, this insurance does not contrary: apply to "bodily injury", "property This insurance is primaryto and will not seek damage" or "personal and advertising injury" arising out of contribution from any other insurance available to an architect's, engineer's, or an additional insured under your policy provided surveyor's rendering of or failure that: to render any professional services including: (1) The additional insured is a Named Insured under such other i. the preparing, approving, or insurance; and failing to prepare or approve maps, drawings, opinions, (2) You have agreed in writing in a reports, surveys, change contract or agreement that this orders, design or insurance would be primary and specifications; and would not seek contribution from any other insurance available to the additional insured. ii. supervisory, inspection, or engineering services. Section III -Limits of Insurance, the following is added: (3) The insurance provided to this additional insured, does not With respect to the insurance afforded to the cover "bodily injury" or "property additional insureds described in Paragraphs a. damage" caused by your through h. above, the most we will pay on behalf negligent acts and omissions in of such additional insured is the amount of the performance of "your work" that occurs within the "products- insurance: completed operations hazard", unless the written contract (1) Required by the contract or contains a specific requirement agreement;or that you procure completed operations coverage or coverage (2) Available under the applicable within the "products-completed Limits of Insurance shown in the Declarations; whichever is less. ANIC GL 1187 07 16 Page 3 of 6 % '' Alaska National • SURANCE COMPANY This provision shall not increase the applicable 4. NON-OWNED WATERCRAFT Limits of Insurance shown in the Declaration. A. If endorsement CG 21 09, CG 21 10, CG 24 2. Damage To Premises Rented to You 50, or CG 24 51 is attached to the policy, Paragraph A. 2. g. (2) (b) is replaced by the SECTION III — LIMITS OF INSURANCE, following: Paragraph 6. is replaced by the following: (b) A watercraft that you do not 6. Subject to Paragraph 5. above, the own that is: Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while (i) Less than 50 feet long: rented to you, or in the case of damage and by fire, while rented to you or temporarily occupied by you with permission of the (ii) Not being used to carry owner. persons or property for a charge If a limit is shown for Damage to Premises Rented to You the most we will pay under B. If Paragraph A. does not apply, Paragraph g. Coverage A for damages because or "property (2) of 2. EXCLUSION under SECTION I — damage" to any one premises is the Limit shown COVERAGES, COVERAGE A — BODILY in the Declarations or $500,000, whichever is INJURY AND PROPERTY DAMAGE greater. LIABILITY is replaced by the following: 3. MEDICAL PAYMENTS (2) A watercraft that you do not own that is: A. Section III—Limits of Insurance, Paragraph 7. is replaced by the following (a) Less than 50 feet long; and 7. Subject to Paragraph 5. above the (b) Not being used to carry Medical Expense Limit is the most we will persons o- property for a pay under Coverage C for all medical charge. expenses because of "bodily injury" sustained by any one person 5. SUPPLEMENTARY PAYMENTS If a limit is shown for Medical Expense in A. Under Section I - Supplementary Payments the Declarations the most we will pay - Coverage A and B, Paragraph 1.b., the under Coverage C for all medical limit of$250 shown for the cost of bail bonds expenses because of "bodily injury" is replaced by$10,000; sustained by any one person is the Limit shown in the Declarations or $15,000, B. In Paragraph 1.d., the limit of$250 shown for whichever is greater. daily loss of earnings is replaced by$500. B. This provision 5. (Medical Payments) does 6. NEWLY FORMED OR ACQUIRED not apply if Section I - Coverage C Medical ORGANIZATIONS Payments is excluded either by the provisions of the Coverage Part or by Paragraph 3.a.of Section II-Who Is An Insured endorsement. is deleted and replaced by the following: C. Paragraph 1.a.(3)(b)of Section I -Coverage Coverage under this provision is afforded only C - Medical Payments, is replaced by the until the end of the policy period or the next following anniversary of this policy's effective date after you acquire or form the organization, whichever is (b) The expenses are incurred earlier. and reported to us within three years of the date of the accident; and ANIC GL 1187 07 16 Page 4 of 6 Alaska National INSURANCE COMPANY 7. LIBERALIZATION CLAUSE 10. BROAD KNOWLEDGE OF OCCURRENCE If we adopt a change in our forms or rules which The following is added to Paragraph 2. of Section would broaden coverage for contractors under IV -Commercial General Liability Conditions - this endorsement without an additional premium Duties in The Event of Occurrence, Offense, charge, your policy will automatically provide the Claim or Suit: additional coverages as of the date the revision is effective in your state. You must give us or our authorized representative notice of an "occurrence", offense, claim, or'suit" 8. UNINTENTIONAL FAILURE TO DISCLOSE only when the "occurrence", offense, claim or HAZARDS "suit' is known to: SECTION IV — COMMERCIAL GENERAL (1) You, if you are an individual; LIABILITY CONDITIONS — Paragraph 6. — Representations is replaced by the following: (2) A partner, if you are a partnership; 6. Representations (3) An executive officer or the By accepting this policy, you agree: employee designated by you to give such notice, if you are a a. The statements in the Declarations are corporation; or accurate and complete; (4) A manager, if you are a limited b. Those statements are based upon liability company representations you made to us, and 11. EXPANDED BODILY INJURY c. We have issued this policy in reliance Section V - Definitions, the definition of "bodily upon your representations. injury"is changed to read: The unintentional omission of, or "Bodily injury" means bodily injury, sickness or unintentional error in, any information you disease sustained by a person, including death, provided to us which we relied upon in humiliation, shock, mental anguish or mental issuing this policy will not prejudice your injury by that person at any time which results as rights under this insurance. However, this a consequence of the bodily injury, sickness or provision does not affect our right to collect disease. additional premium or to exercise our rights of cancellation or nonrenewal in accordance 12. EXPECTED OR INTENDED INJURY with applicable laws and regulations. Exclusion a. of Section I - Coverage A - Bodily 9. NOTICE OF OCCURRENCE Injury and Property Damage Liability is replaced by the following: The following is added to Paragraph 2.or Section IV - Commercial General Liability Conditions - a. "Bodily injury" or "property damage" Duties In The Event of Occurrence, Offense, expected or intended from the Claim or Suit: standpoint of the insured. This exclusion does not apply to "bodily Your rights under this Coverage Part will not be injury" or"property damage" resulting prejudiced if you fail to give us notice of an from the use of reasonable force to "occurrence", offense, claim or "suit° and that protect persons or property. failure is solely due to your reasonable belief that the "bodily injury" or "property damage" is not covered under this Coverage Part. However, you shall give written notice of this "occurrence", offense, claim or "suit" to us as soon as you are aware that this insurance may apply to such "occurrence", offense, claim or"suit." ANIC GL 1187 07 16 Page 5 of 6 tir Alaska National INSURANCE COMPANY 13. BLANKET WAIVER OF SUBROGATION However, this waiver applies only when you have agreed in writing to waive such rights of recovery The Transfer Of Rights Of Recovery Against in a contract or agreement, and only if the Others To Us Condition (Section IV - contract or agreement Commercial General Liability Conditions) is amended by the addition of the following. 1. Is in effect or becomes effective during the term of this policy; and We waive any right of recovery we may have against any person or organization because of 2. Was executed prior to loss. payments we make for injury or damage arising out of: 14. IN REM ACTIONS 1. Your ongoing operations; or Any action in rem against any vessel owned, operated by or for, or chartered by or for you will 2. "Your work' included in the "products- be treated in the same manner as though the completed operations hazard." action were in personam against you. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured Endorsement No. 2 Countersigned By Includes copyrighted material of Insurance Services Office, Inc., with its permission ANIC GL 1187 07 16 Page 6 of 6 iv Alaska National INSURANCE COMPANY BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Various provisions in this endorsement restrict SECTION IV - Business Auto Conditions, coverage. Read the entire policy carefully to Paragraph A. 5. - Transfer of Rights of Recovery determine rights, duties, and what is and is not Against Others To Us is amended to include: covered. 5. Transfer of Rights of Recovery Against Throughout this policy, the words "you" and "your" Others to Us refer to the Named Insured shown in the Declarations. The words "we", "us", and "our" refer to This condition does not apply to any the company providing this insurance. person(s) or organization(s) to the extent that subrogation against that person or Other words and phrases that appear in quotation organization is waived prior to the "accident" marks have special meaning. Refer to SECTION V- or the "loss" under a contract with that person DEFINITIONS in the Business Auto Coverage Form. or organization. The coverages provided by this endorsement apply SECTION II - COVERED AUTO LIABILITY per "accident" and, unless otherwise specified, are COVERAGE, Paragraph A.2.a. (2) -Supplementary subject to all of the terms, conditions, exclusions and Payments is replaced by the following: deductible provisions of the policy, to which it is attached. (2) Up to $10,000 for cost of bail bonds (including bonds for related traffic law SECTION II - COVERED AUTO LIABILITY violations) required because of an COVERAGE, Paragraph A.1. Who Is An Insured is "accident"we cover. We do not have amended to include: to furnish these bonds. d. Any "employee" of yours while operating SECTION II - COVERED AUTO LIABILITY an "auto" hired or rented under a COVERAGE, Paragraph A.2.a. (4) -Supplementary contract or agreement in an "employee's' Payments is replaced by the following: name, with your permission, while performing duties related to the conduct (4) All reasonable expenses incurred by of your business. the"insured" at our request, including actual loss of earnings up to $500 a e. Any person or organization for whom you day because of time off from work. have agreed in writing to provide insurance such as is afforded by this Coverage Form, but only with respect to liability arising out of the ownership, maintenance or use of"autos"covered by this policy. If such person or organization has other insurance then this insurance is primary to and we will not seek contribution from the other insurance. ANIC CA 1150 10 13 Page 1 of 4 lir Alaska National INSURANCE COMPANY C. "Loss" caused by falling objects or SECTION II — COVERED AUTO LIABILITY missiles. COVERAGE, Paragraph A.2.c.—Voluntary Property Damage is added as follows: However, you have the option of having glass breakage caused by a covered "auto's" c. Voluntary Property Damage collision or overturn considered a"loss" under Collision Coverage. At your written request, we may make a voluntary payment for Property Damage Glass Repair—Waiver of Deductible caused by an "insured", but without liability to a third party, up to$25,000. We No deductible applies to glass breakage, if will not make a Voluntary Property the glass is repaired rather than replaced. Damage payment to anyone who is an "insured"under this policy. SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph A.4.a. — Transportation Expenses is SECTION III — PHYSICAL DAMAGE COVERAGE, replaced by the following: Paragraph A.2.—Towing is replaced by the following: a. Transportation Expenses Towing We will pay up to $200 per day to a We will pay up to $500 for towing and labor maximum of $1,500 for temporary costs incurred each time a covered "auto" transportation expense incurred by you that is a: because of the total theft of a covered `auto"that is a: a. Private passenger; (1) Private passenger; b. Truck; (2) Truck; c. Pick-up truck; (3) Pick-up truck; d. Panel ; or (4) Panel; or e. Van (5) Van type vehicle under 20,000 lbs of Gross Vehicle Weight is disabled. However, the type vehicle under 20,000 lbs. of Gross labor must be performed at place of Vehicle Weight. We will pay only for disablement. those covered "autos"for which you carry SECTION III — PHYSICAL DAMAGE COVERAGE, either Comprehensive or Specified Paragraph A.3. — Glass Breakage — Hitting a Bird Causes of Loss Coverage. We will pay for temporary transportation expenses or Animal— Falling Objects or Missiles is replaced incurred during the period beginning 48 by the following: hours after the theft and ending, regardless of the policy's expiration, Glass Breakage—Hitting a Bird or Animal when the covered "auto" is returned to —Falling Objects or Missiles use or we pay for its"loss". If you carry Comprehensive Coverage for the damaged covered "auto", we will pay the following under Comprehensive Coverage: a. Glass Breakage; b. "Loss" caused by hitting a bird or animal; and ANIC CA 1150 10 13 Page2of4 at Alaska National INSURANCE COMPANY (2) Specified Causes of Loss only if the SECTION III — PHYSICAL DAMAGE COVERAGE, Declarations indicate that Specified Paragraph A.4.b. — Loss of Use Expenses is Causes of Loss Coverage is provided replaced by the following: for the"auto" withdrawn from service; or b. Loss of Use Expenses—Hired, Rented, (3) Collision only if the Declarations or Borrowed Automobiles indicate that Collision Coverage is provided for the "auto" withdrawn We will pay expenses for which an from service. "insured" becomes legally responsible to pay for loss of use of a vehicle hired, SECTION III — PHYSICAL DAMAGE COVERAGE, rented or borrowed without a driver under Paragraph A.4.d. — Airbag Coverage is added as a written rental contract or agreement. follows: We will pay for loss of use expenses, if caused by: d. Airbag Coverage (1) Other than Collision, only if the We will pay for the cost to repair, replace, Declarations indicate that or reset an airbag that inflates for any Comprehensive Coverage is provided reason other than as a result of a for the vehicle withdrawn from collision, if the Declarations indicate that service, the covered "auto" has Comprehensive Coverage or Specified Causes of Loss (2) Specified Causes of Loss only if the Coverage. Declarations indicate that Specified Causes of Loss Coverage is provided SECTION III — PHYSICAL DAMAGE COVERAGE, for the vehicle withdrawn from Paragraph A.4.e. — Rental Reimbursement service. Coverage is added as follows: (3) Collision only if the Declarations e. Rental Reimbursement Coverage indicate that Collision Coverage is provided for the vehicle withdrawn We will pay up to $75 per day for rental from service. reimbursement expenses incurred by you for the rental of an "auto" because of However, the most we will pay for any "loss"to a covered"auto"that is a: expenses for loss of use is$200 per day, to a maximum of$1,500. (1) Private Passenger; SECTION III — PHYSICAL DAMAGE COVERAGE, (2) Truck; Paragraph A.4.c. —Non-Transportation Loss of Use Expenses is added as follows: (3) Pick-up truck; c. Non-Transportation Loss of Use (4) Panel; or Expenses (5) Van We will pay up to $2,000 for non- transportation expense incurred by you, type vehicle under 20,000 lbs. of Gross because of "loss" to a covered "auto", if Vehicle Weight Payment applies in caused by: addition to the otherwise applicable amount of each coverage you have on a (1) Other than Collision, only if the covered "auto". No deductibles apply to Declarations indicate that this coverage. Comprehensive Coverage is provided for the"auto"withdrawn from service; ANIC CA 1150 10 13 Page 3 of 4 141 Alaska NationINSURANCE al (1) We will pay only for those expenses SECTION IV — BUSINESS AUTO CONDITIONS — incurred during the policy period Paragraph B.5.b. — Other Insurance is replaced by beginning 24 hours after the "loss" the following: and ending, regardless of the policy's expiration, with the lesser of the b. For Hired Auto Physical Damage following number of days: Coverage, the following are deemed to be covered"autos"you own: (a) The number of days reasonably required to repair or replace the (1) Any covered "auto' you lease, hire, covered"auto". rent, or borrow; and (b) 30 days (2) Any covered "auto"" hired or rented by your "employee" under a contract (2) This coverage does not apply while in that individual "employee's" name, there are spare or reserve "autos" with your permission, while available to you for your operations. performing duties related to the conduct of your business. (3) The Rental Reimbursement Coverage described above does not However, any"auto" that is leased, hired, apply to a covered "auto" that is rented or borrowed with a driver is not a described or designated as a covered covered"auto°. "auto" on Rental Reimbursement Coverage Form CA 99 23. SECTION V — DEFINITIONS — Paragraph C — "Bodily injury" is replaced by the following: SECTION IV — BUSINESS AUTO CONDITIONS — Paragraph B.2. —Concealment, Misrepresentation Or C. "Bodily injury" means bodily injury, sickness or Fraud is amended by adding Unintentional Failure disease sustained by a person including death or to Disclose Hazards at the end of Paragraph 8.2. as mental anguish resulting from any of these. follows: Mental anguish means any type of mental or emotional illness or disease Unintentional Failure to Disclose Hazards If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured Endorsement No. 2 Countersigned By ©Insurance Services Office, Inc., 2009 ANIC CA 1150 10 13 Page 4 of 4 BOCC AGENDA ITEM SUMMARY Resolution: BOCC Meeting Date: Jan. 4, 2022 Suggested Wording for Agenda Item: Agenda Type: Deliberation Listing of Bids and Contractor Selected for the Community Development Tenant Improvement Project #31-2102 Contact: Doug Carey Phone: 3607401337 Department: IS - Internal Services (including SWWF and Facilities) Description: Listing of Bids and Contractor Selected for the Community Development Tenant Improvement Project #31-2102 Approvals: Publication Requirements: Publications: User Status PA's Office Pending Additional Copies: Cover Letter To: Doug Carey Linda Mastin