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24-058.00ShamrockPaving16thAvenuePreservation Contract No. 24-058 CONSTRUCTION AGREEMENT Shamrock Paving, Inc. THIS CONSTRUCTION AGREEMENT (the "Agreement") is made by and between the City of Spokane Valley,a code City of the State of Washington("City")and Shamrock Paving, Inc.("Contractor") jointly referred to as the"Parties". IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: 1.Work to Be Performed. Contractor shall do all work and furnish all labor,supervision,tools,materials, supplies, and equipment and other items necessary for the construction and completion of the 16"' Ave Preservation Project (the "Work") in accordance with the Scope of Work outlined in Exhibit A and in accordance with this Agreement(which are by this reference incorporated herein and made part hereof and referred to as the "Contract Documents"), and shall perform any changes in the work in accordance with the Contract Documents. The terms and provisions in this Agreement shall control over any inconsistent or incompatible terms in any other Contract Document. Contractor shall,for the amount set forth in paragraph 4,below,assume and be responsible for the cost and expense of all work required for constructing and completing the Work and related activities to the City's satisfaction, provided for in the Contract Documents, within the time limits prescribed in the Contract Documents. The City Manager or designee shall administer and be the primary contact for Contractor. Upon notice from City,Contractor shall promptly commence work,complete the same in a timely manner,and cure any failure in performance under this Agreement. Unless otherwise directed by City, all work shall be performed in conformance with the Contract Documents, and all City, state, and federal standards, codes, ordinances, regulations, and laws as now existing or as may be adopted or amended. 2. Time for Performance. Contractor shall commence the Work within 10 days of receipt of a notice to proceed and shall complete the Work within the times specified in the Contract Documents, as may be extended in accordance with this Agreement and the Contract Documents. 3. Liquidated Damages. Time is of the essence for this Agreement. Delays cause inconvenience to the residents of City and cost taxpayers undue sums of money, adding time needed for administration, engineering, inspection, and supervision. It is impractical for City to calculate the actual cost of delays. Accordingly, Contractor agrees to pay liquidated damages for failure to achieve Substantial Completion(as defined in the Contract Documents)which shall be in the amount of$ 1,000 per day. These liquidated damages are not a penalty, but are fixed and agreed upon by and between Contractor and City because of the impracticability and difficulty of fixing and ascertaining the actual damages that City would sustain in the event that the Work is not completed in accordance with the Contract Documents. Liquidated damages may be retained by City and deducted from payments otherwise due to the Contractor. 4. Compensation. In consideration of Contractor performing the Work, City agrees to pay Contractor in accordance with the Contract Documents the sum of$ 1,115,000.00 , plus Washington State Sales Tax of$0 (if applicable), for a total of$ 1.115.000.00 , based on the bid submitted by Contractor(Exhibit B), and as may be adjusted in accordance with the Contract Documents. Construction Agreement Page 1 of 4 5.Payment. Contractor may elect to be paid in monthly installments, upon presentation of an application for payment in a form satisfactory to City. Applications for payment shall be sent to the City Finance Department at the address stated in paragraph 6. Pursuant to chapter 60.28 RCW,five percent of the compensation due Contractor shall be retained by City. City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Contract Documents,City standards,City Code,state standards, or federal standards. 6.Notice. Notice other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Marci Patterson,City Clerk Name:Scott Wilims, General Manager Phone: (509)720-5000 Phone:509-244-2800 ext.404 Address: 10210 East Sprague Avenue Address:P.O. Box 19263 Spokane,WA 99219-9263 Spokane Valley, WA 99206 7. Applicable Laws and Standards. The Parties, in the performance of this Agreement,agree to comply with all applicable federal,state,and local laws, codes, and regulations. 8. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Contractor certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment,declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,making false statements,or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification;and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this Agreement. 9. Prevailing Wages on Public Works. Contractor,any subcontractor,or other person doing work under this Agreement, shall comply with the requirements of chapter 39.12 RCW, and shall pay each employee an amount not less than the Prevailing Rate of Wage, as specified by the Industrial Statistician of the Construction Agreement Page 2 of 9 Washington State Department of Labor and Industries("L&I"). If employing labor in a class not shown, Contractor shall request a determination of the correct wage rate for the class and locality from the Industrial Statistician. Contractor shall provide a copy of any such determinations to City. Before commencing, during, and upon completion of the work, Contractor shall file all forms and pay all fees required by L&I and shall indemnify and hold City harmless from any claims related to its failure to comply with chapter 39.12 RCW. The following information is provided pursuant to RCW 39.12.030: A. State of Washington prevailing wage rates applicable to this public works project,published by L&I, are located at the L&I website address: https://Ini.wa.gov/licensing-perm its/public-works-projects/prevailing-wage-rates/ B.This Project is located in Spokane County. C.The effective prevailing wage date is the same date as the bid due date as referenced in the original request for bids and as may be revised by addenda. A copy of the applicable prevailing wage rates is also available for viewing at the City Community&Public Works Department located at 10210 East Sprague Avenue, Spokane Valley, WA 99206. Upon request, City will mail a hard copy of the applicable prevailing wages for this project. 10. Relationship of the Parties. It is understood and agreed that Contractor shall be an independent contractor and not the agent or employee of City, that City is interested only in the results to be achieved, and that the right to control the particular manner,method,and means in which the services are performed is solely within the discretion of Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 11. Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by Contractor under this Agreement are and shall be the property of City,and may be subject to disclosure pursuant to chapter 42.56 RCW,or other applicable public record laws. 12.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Contractor's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 13. Warranty. Unless provided otherwise in the Contract Documents, Contractor warrants that all Work and materials performed or installed under this Agreement are free from defect or failure for a period of one year following final acceptance by City, unless a supplier or manufacturer has a warranty for a greater period, which warranty shall be assigned or transferred to City. In the event a defect or failure occurs in work or materials, Contractor shall, within the warranty period, remedy the same at no cost or expense to City. This warranty provision shall not be construed to establish a period of limitation with respect to Contractor's other obligations under this Agreement. 14.Contractor to Be Licensed and Bonded. Contractor shall be duly licensed,registered,and bonded by the State of Washington at all times this Agreement is in effect. Construction Agreement Page 3 of 9 15. Contractor to Provide Performance and Payment Bonds. Contractor shall provide a payment bond and a performance bond in the full amount of the Agreement on the City's bond forms. Alternatively, Contractor may elect to have the City retain 10% of the Agreement amount in lieu of providing the City with a payment bond and a performance bond, pursuant to RCW 39.08.010(3). 16. Insurance. Contractor shall procure and maintain insurance, as required in this Section, without interruption from commencement of the Contractor's work through the term of the Contract and for 30 days after the physical completion date, unless otherwise indicated herein. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office(ISO) form CA 00 01. 2.Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations for a period of three years following substantial completion of the work for the benefit of the City, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 09 or an endorsement providing at least as broad coverage. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than$1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate,and no less than a$2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be excess of Contractor's insurance and shall not contribute with it. 2.Contractor shall fax or send electronically in.pdf format a copy of insurer's cancellation notice within two business days of receipt by Contractor. Construction Agreement Page 4 of 9 3. If Contractor maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Contractor, irrespective of whether such limits maintained by Contractor are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Contractor. 4. Failure on the part of Contractor to maintain the insurance as required shall constitute a material breach of this Agreement, upon which the City may, after giving at least five business days' notice to Contractor to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City,offset against funds due Contractor from the City. D.No Limitation. The Contractor's maintenance of insurance,its scope of coverage, and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance,or otherwise limit the City's recourse to any remedy available at law or in equity. E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. F. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Contractor shall furnish acceptable insurance certificates to City at the time Contractor returns the signed Agreement,which shall be Exhibit C. The certificate shall specify all of the parties who are additional insureds, and shall include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions,and/or self-insurance. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may,after giving at least five business days' notice to Contractor to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith,with any sums so expended to be repaid to the City on demand,or at the sole discretion of the City,offset against funds due Contractor from the City. H. Subcontractor Insurance. Contractor shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of Contractor-provided insurance as set forth herein, except Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by subcontractors. Contractor shall ensure that the City is an additional insured on each subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. 17. Indemnification and Hold Harmless. Contractor shall defend, indemnify and hold the City, its officers, officials,employees and volunteers harmless from any and all claims, injuries,damages, losses or suits including attorney fees,arising out of or in connection with the performance of this Agreement,except for injuries and damages caused by the sole negligence of the City. Construction Agreement Page 5 of 9 However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance,Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 18.Waiver. No officer,employee,agent,or other individual acting on behalf of either party has the power, right,or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 19. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other party. 20. Confidentiality. Contractor may, from time-to-time, receive information which is deemed by City to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 21. Disputes. All disputes arising under or related to this Agreement that cannot be resolved through informal discussion and negotiations shall be resolved by litigation filed in the Superior Court of the State of Washington for Spokane County, unless otherwise required by applicable federal or state law. 22. Costs and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation or arbitration(including expert witness fees). 23. Subcontractor Responsibility. As required by RCW 39.06.020,Contractor shall verify responsibility criteria for each first tier subcontractor and its subcontractors of any tier that hires other subcontractors shall verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor, at the time of subcontract execution, meets the responsibility criteria listed in RCW 39.04.350(1) and possesses an electrical contractor license, if required by chapter 19.28 RCW, or an elevator contractor license if required by chapter 70.87 RCW. This verification requirement shall be included in every subcontract of every tier. 24. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. 25. Entire Agreement. This Agreement constitutes the entire and complete agreement between the parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties. 26. Anti-kickback. No officer or employee of City,having the power or duty to perform an official act or Construction Agreement Page 6 of 9 action related to this Agreement, shall have or acquire any interest in this Agreement, or have solicited, accepted,or granted a present or future gift,favor,service, or other thing of value from any person with an interest in this Agreement. 27. Business Registration. Prior to commencement of Work under this Agreement, Contractor shall register with the City as a business if it has not already done so. 28. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Contractor,for itself,its assignees,and successors in interest agrees as follows: A. Compliance with Regulations. Contractor shall comply with the federal laws set forth in subsection G, below ("Pertinent Non-Discrimination Authorities") relative to non-discrimination in federally-assisted programs as adopted or amended from time-to-time, which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination. Contractor,with regard to the work performed by it during this Agreement, shall not discriminate on the grounds of race,color,or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Contractor shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Includine Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by Contractor for work to be performed under a subcontract, including procurements of materials,or leases of equipment,each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race,color,or national origin. D. Information and Reports. Contractor shall provide all information and reports required by the Acts, the regulations, and directives issued pursuant thereto, and shall permit access to its books, records,accounts,other sources of information,and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts,regulations,and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish the information, Contractor shall so certify to the City or the WSDOT, as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of a Contractor's noncompliance with the non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate, including, but not limited to: 1. Withholding payments to Contractor under the Agreement until Contractor complies; and/or 2. Cancelling,terminating,or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. Contractor shall include the provisions of Section 28 of this Agreement in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts,regulations and directives issued pursuant thereto. Contractor shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if Construction Agreement Page 7 of 9 Contractor becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, Contractor may request that the City enter into any litigation to protect the interests of the City. In addition, Contractor may request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non-Discrimination Authorities: During the performance of this Agreement, the Contractor agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq.,78 stat.252),(prohibits discrimination on the basis of race,color,national origin);and 49 CFR Part 21;and 49 Part 26; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. §324 et seq.),(prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 47123), as amended, (prohibits discrimination based on race,creed,color,national origin,or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal- aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities(42 U.S.C. §§12131- 12189)as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race,color, national origin,and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Construction Agreement Page 8 of 9 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency(LEP). To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed. Reg. at 74087 to 74100); and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. §1681 et seq.). 29.Severability. If any section,sentence,clause,or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence,clause,or phrase of this Agreement. 30. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Work B. Cost Statement C. Insurance Endorsements D. Performance and Payment Bond The Parties have executed this Agreement this 22 day of :i ,20211. CITY OF SPOKANE VALLEY: Contractor: IM�ti /71 John hman, City nage By:Scott Willms, General Manager Its: Authorized Representative APPROVED AS TO FORM: Offi of the CI Attorney Construction Agreement Page 9 of 9 Exhibit A—Scope of Work The 16th Ave Preservation project includes curb ramp replacement, pavement grind and overlay and ITS infrastructure; and other related work all in accordance with the Contract Documents consisting of: • Bid Proposal • Contract Plans and Provisions • WSDOT Standard Specifications for Road, Bridge and Municipal Construction • Standard Plans • Addenda • Certifications and Affidavits • Supplemental Agreements • Change Orders Exhibit B BIDDERS PACKET 16`I'Ave Preservation Capital Improvement Project No.: 0354 BID PROPOSAL CHECKLIST This Checklist and the documents listed below constitute a complete Bid Proposal. Failure to execute any of the following documents, or any addition,condition or limitation in writing to the form of the bid, not explicitly invited in the Bid Documents or Specifications may become cause for rejection of the bid as irregular. The BIDDER shall check each respective box indicating inclusion of each item: J Bid Proposal Checklist t1 Proposal Form N Certification of Compliance with Wage Payment Statutes [X Contractor's Administrative Information 54 Bidder Qualification Statement Proposal for Incorporating Recycled Materials into the Project M Local Agency Subcontractor List x Bid Deposit Form 4 Bid Deposit Surety Bond Form (Use only if submitting Bond for Bid Deposit) [Q Representations and Certifications The above forms have been inserted in a sealed envelope,properly identified and delivered at the place and time described in the Notice to Contractors form. Signature: ?/'G � Date: 03/01/2024 Title: General Manager Company: Shamrock Paving, Inc. City of Spokane Valley 16'"Ave Preservation I Bid Proposal Documents PROPOSAL FORM PROJECT NUMBER:0354 PROJECT TITLE: 16th Ave Preservation—Evergreen to Adams NAME OF FIRM SUBMITTING BID: Each bid shall constitute an offer to the City of Spokane Valley as outlined herein and no bidder may withdraw his bid after the hour set for the bid closing except under the conditions explained in the Information to Bidders Section. RECEIPT OF ADDENDA: Bidder acknowledges receipt of the following addenda by checking the box(es): [ 1 ❑2 ❑3 ❑ 4 ❑5 REJECTION: The City reserves the right to reject any or all proposals, portions or parts thereof and to waive all minor irregularities in bidding. Special attention will be directed to the qualifications of the bidders when considering awarding a contract. TIME TO COMPLETE: The contract shall be completed in Forty (40) working days from the date of commencement. BID IS NOT ELIGIBLE FOR CONTRACTOR'S BOND ELECTION to withhold 50% retainage in lieu of furnishing a Contractor's Bond(Payment and Performance Bonds). FREIGHT:Bid price(s)to include all freight costs to the job site. SCHEDULES: A Bidder must complete all the schedules or his bid will be rejected as non-responsive. The undersigned hereby certifies that (he/they) (has/have) personally examined the location and construction details of work as outlined on the plans and specifications for the above project and (has/have) read thoroughly and understands the plans, specifications, and contract governing the work embraced in this improvement and the method by which payment will be made for said work and hereby proposes to undertake and complete the work embraced in this improvement in accordance with said plans,specifications,and contract in accordance with the unit prices provided below. The Bidder,to be considered responsible,shall provide in legible figures (not words)hand written in ink or typed, a unit price (except Lump Sum items) and total for each of the items shown on the following schedules: City of Spokane Valley l6' Ave Preservation 2 Bid Proposal Documents Schedule A ITEM it ITEM DESCRIPTION SPECS UNITS QUANTITY PRICE/UNIT TOTAL 100 MINOR CHANGE 1-04 SP CALC 1.00 $40,000.00 $40,000.00 101 CONSTRUCTION SURVEYING 1-05 SP L.S. 1.00 $10,000.00 $10,000.00 102 SPCC PLAN 1-07 SP L.S. 1.00 $1 ,000.00 $1 ,000.00 103 PUBLIC LIASON REPRESENTATIVE 1-07SP L.S. 1.00 $10,000.00 $10,000.00 104 MOBILIZATION 1-09 SP L.S. 1.00 $104,253.50 $104,253.50 105 PORTABLE CHANGEABLE MESSAGE SIGN 1-10 SP HR. 500.00 $6.50 $3,250.00 106 PROJECT TEMPORARY TRAFFIC CONTROL 1-10SP L.S. 1.00 $85,000.00 $85,000.00 107 WORKZONE SAFETY CONTINGENCY 1-10 SP EST 1.00 $25,000.00 $25,000.00 108 CLEARING AND GRUBBING 2-01 SP L.S. 1.00 $8,000.00 $8,000.00 109 POTHOLE UTILITY 2-02 SP EACH 1.00 $1 ,200.00 $1 ,200.00 110 REMOVAL OF STRUCTURES AND 2-02 SP L.S. 1.00 $1 ,000.00 $1 ,000.00 OBSTRUCTIONS 111 REMOVE CEMENT CONCRETE CURB 2-02 SP L.F. 900.00 $19.00 $17,100.00 112 REMOVE CEMENT CONCRETE SIDEWALK/ 2-02 SP S.Y. 350.00 $48.00 $16,800.00 DRIVEWAY APPROACH 113 REMOVAL AND REPLACEMENT OF 2-03SP C.Y. 20.00 $225.00 $4,500.00 UNSUITABLE MATERIAL 114 PAVEMENT REPAIR EXCAVATION INCL.HAUL 2-03 SP S.Y. 1800.00 $30.00 $54,000.00 115 REMOVE ASPHALT PAVEMENT 2-02 SP S.Y. 650.00 $24.00 $15,600.00 116 TRENCH FENCE SAFETY COMPLIANCE 2-09 SP CALC 1.00 $1.00 $1.00 117 CRUSHED SURFACING TOP COURSE,6 IN. 4-04 SP S.Y. 1750.00 $18.00 $31,500.00 DEPTH 118 PLANNING BITUMINOUS PAVEMENT 5-04 SP S.Y. 13000.00 $4.20 $54,600.00 119 PLANNING BITUMINOUS PAVEMENT,EXTRA 5-04 SP S.Y. 1000.00 $6.00 $6,000.00 DEPTH 120 HMA CL.3/8"PG 64H-28 5-04 SP TON 1900,00 184.00 $159,600.00 121 HMA CL.3/8"PG 64H-28 4 IN. DEPTH PATCH 5-04 SP S.Y. 2300.00 $35.00 $80,500.00 122 ASPHALT CURB,TYPE C 5-04 SP L.F. 35.00 $64.00 $2,240.00 123 JOB MIX COMPLIANCE PRICE ADJUSTMENT 5-04 SP CALC 1.00 $1.00 $1.00 124 COMPACTION PRICE ADJUSTMENT 5-04 SP CALC 1.00 $1.00 $1.00 City of Spokane Valley 16'h Ave Preservation 3 Bid Proposal Documents Schedule A ITEM# ITEM DESCRIPTION SPECS UNITS QUANTITY PRICE/UNIT TOTAL 125 HMA SURFACE SMOOTHNESS COMPLIANCE 5-04 SP CALC 1.00 $1.00 $1.00 126 ADJUST EXISTING CATCH BASIN OR DRYWELL 7-05 SP EACH 12.00 $1 ,400.00 $16,800.00 127 ADJUST EXISTING MANHOLE 7-05 SP EACH 10.00 $1 ,400.00 $14,000.00 128 ADJUST EXISTING GAS VALVE 7-11 SP EACH 1.00 $1 ,050.00 $1 ,050.00 129 ADJUST UTILITY VAULT 7-11 SP EACH 1.00 $2,100.00 $2,100.00 130 ADJUST EXISTING WATER VALVE 7-12 SP EACH 10.00 $1 ,050.00 $10,500.00 EROSION CONTROL AND WATER POLLUTION 131 PREVENTION 8-01SP L.S. 1.00 $3,500.00 $3,500.00 132 SITE RESTORATION 8-02SP L.S. 1.00 $9,500.00 $9,500.00 133 IRRIGATION SYSTEM REVISION 8-03 SP EACH 5.00 $850.00 $4,250.00 134 CEMENT CONC.CURB RAMP TYPE PARALLEL A 8-14 SP EACH 6,00 $3,1 00.00 $18,600.00 135 CEMENT CONC.CURB RAMP TYPE PARALLEL B 8-14 SP EACH 8.00 $2,600.00 $20,800.00 136 CEMENT CONC.TRAFFIC CURB AND GUTTER 8-04 SP L.F. 760.00 $60.00 $45,600.00 137 CEMENT CONC.PEDESTRIAN CURB 8-04 SP L.F. 275.00 $53.00 $14,575.00 138 REMOVE AND RE-INSTALL CHAIN LINK FENCE 8-12 SP L.F. 15.00 $150.00 $2,250.00 139 ADJUST MONUMENT CASE AND COVER 8-13 SP EACH 1.00 $1 ,200.00 $1 ,200.00 140 CEMENTCONC.SIDEWALK 8-14SP S.Y. 200.00 $110.00 $22,000.00 141 PULL BOX 8-20 SP EACH 5.00 $4,500.00 $22,500.00 142 JUNCTION BOX,TYPE 8-20SP EACH 1.00 $3,600.00 $3,600.00 143 CONDUIT PIPE 2 IN.DIA. 8-20 SP L.F. 2800.00 $26.15 $73,220.00 144 PERMANENT SIGNING 8-21SP L.S. 1.00 $13,000.00 $13,000.00 145 PLASTIC BICYLCE LANE SYMBOL 8-22 SP EACH 13.00 $250.00 $3,250.00 146 PLASTICTRAFFICARRROW 8-22SP EACH 18.00 $200.00 $3,600.00 147 PLASTIC LINE 8-22 SP L.F. 10000.00 $2.50 $25,000.00 148 PAINT STOP LINE 8-22 SP L.F. 100.00 $8.00 $800.00 149 PLASTIC STOP LINE 8-22 SP L.F. 130.00 $16.00 $2,080.00 City of Spokane Valley I6ih Ave Preservation 4 Bid Proposal Documents Schedule A Cont. ITEM# ITEM DESCRIPTION SPECS UNITS QUANTITY PRICE/UNIT TOTAL 150 PLASTIC CROSSWALK LINE 8-22 5P SF 650.00 $10.35 $6,727.50 151 PAINTED CROSSWALK LINE 8-22 SP SF 600.00 $3.50 $2,100.00 152 PLASTIC WIDE LANE LINE 8-22 SP L.F. 5500.00 $7.50 $41,250.00 TOTAL: $1,115,000.00 Person/Entity Name: Scott Willms Signature of Bidder: l Company: Shamrock Paving, Inc. Date: 03/01/2024 City of Spokane Valley l6"'Ave Preservation 5 Bid Proposal Documents Spokane ,,r.�Valley Contractor Certification Wage Law Compliance-Responsibility Criteria Washington State Public Works Contracts FAILURE TO RETURN THIS CERTIFICATION AS PART OF THE BID PROPOSAL PACKAGE WILL MAKE THIS BID NONRESPONSIVE AND INELIGIBLE FOR AWARD I hereby certify,under penalty of perjury under the laws of the State of Washington, on behalf of the firm identified below that,to the best of my knowledge and belief,this firm has NOT been determined by a final and binding citation and notice of assessment issued by the Washington State 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 Call for Bids. Bidder Name: Shamrock Paving, Inc. Name or Contractor/Bidder—Pri al entity name of firm By: Scott Willms Signature of aut orized Print Name of person making certifications for firm Title: General Manager Place: Spokane, WA Title of person signing certificate Print city and state where signed Date: 03/01/2024 City of Spokane Valley 6 Bid Proposal Documents I6°i Ave Preservation CONTRACTOR'S ADMINISTRATIVE INFORMATION 1.PERSON/ENTITY a. Name as registered with the State of Washington:Shamrock Paving, Inc. b. Physical Address:110 N Hayford Rd.Spokane,WA 99224 c. Mailing Address including zip code:PO Box 19263,Spokane,WA 99219-9263 d. Remit To Address including zip code:PO Box 19263, Spokane,WA 99219-9263 e. Telephone number including area code:509-244-2800 f. Fax number including area code:509-244-2949 g. E-mail address for business correspondence:scottw@shamrockpaving.us h. Washington State Contractors License Number:SHAMRPC099LM i. Federal Tax Identification Number:91-0598512 j. Washington State UBI Number:328 031 141 k. State Industrial Account Identification Number:231, 223-00 1. City of Spokane Valley Business License Number: (Business License not required for Bid but will be required prior to Contract execution.) 2. INSURANCE COMPANY: a. Name of company:Propel Insurance b. Mailing Address including zip code:601 Union Street,Suite 4300,Seattle,WA 98101-1371 c. Insurance Agent Name:Marilyn Epp d. Insurance Agent Telephone number including area code:206-206-3315 e. Insurance Agent Fax number including area code:866-577-1326 3.BONDING COMPANY: a. Surety Name:Liberty Mutual Insurance b. Surety Mailing Address including zip code:PO Box 34670,Seattle WA 98154 c. Bonding Agent Name:Carley Espiritu d. Bonding Agent Mailing Address including zip code:1001 Fourth Ave.Ste 3700,Seattle,WA 98154 e. Bonding Agent Telephone number including area code:253-310-4052 f. Bonding Agent Fax number including area code:866-577-1326 • Person/Entity Name: Scott Willms Signature Of Bidder: Company: Shamrock Paving, Inc. Date:03/01/2024 City of Spokane Valley 7 Bid Proposal Documents 16'h Ave Preservation BIDDER QUALIFICATION STATEMENT The following statements of experience,personnel,equipment,and general qualifications of the Bidder are submitted with the assurance that the owner can rely on its accuracy and truthfulness. If more space is required for your answers please attach a continuation sheet(s)to the corresponding bid response page referencing the item number. I.The company has been in business continuously from(month and year) 03/1984 2.The company has had experience comparable to that required under the proposed contract: a.As a prime contractor for 41 years. b.As a subcontractor for 41 years. 3. The following is a partial list of work completed that was on an order of magnitude equal to or greater in scope and complexity to that required under the proposed contract. Year Owner&Person to contact Phone No. Location Contract Value 2020 WSDOT,Mark Allen 509-324-6231 Spokane Valley,WA $5,777,777.00 2022 Lincoln County Public Works,Jason Schumacher 509-498-9293 Creston,WA $1,349,000.00 2022 City of Deer Park,Brad Wainwright 509-276-8801 Deer Park,WA $805,000.00 4.A list of supervisory personnel currently employed by the Bidder and available for work on the project (Construction Manager,principal foreman,superintendents and engineers)is as follows: Years of Name Title Experience Scott Wilms General Manager 35 Keith Gradin Superintendent 37 Chuck Green Chief Estimator/Project Manager 45 5.Please attach a resume of the qualifications,previous employers,and experience of the project manager who is proposed to be assigned to the project. If a resume is not included in the bid documents the bidder agrees to furnish a resume within 24 hours of notice by the City. **Will furnish within 24 hours 6. Following is a listing of all projects the company has undertaken in the last five years,which have resulted in: a. Arbitration or litigation. None b. Claims or violations being filed by the Federal Government or the Washington State Departments of L&I,Employment Security or Revenue. None c. Liens being filed by suppliers or subcontractors. Person/Entity Name: Scott Willms Signature Of Bidde Company: Shamrock Paving, Inc. Date: 03/01/2024 City of Spokane Valley 8 Bid Proposal Documents 16"'Ave Preservation Spokane ..•a`Valley` Proposal for Incorporating Recycled Materials into the Project In compliance with the law that went into effect January 1,2016(SH1695),the Bidder shall propose below,the total percent of construction aggregate and concrete materials to be incorporated in the Project that are recycled materials. Calculated percentages must be within the amounts allowed in Section 9- 03.21(1)E,Table of Maximum Allowable Percent(By Weight)of Recycled Material, of the Standard Specifications. Proposed total percentage: 0.00 percent. Note: Use of recycled materials is highly encouraged within the limits shown above but does not constitute a Bidder Preference and will not affect the determination of award, unless two or more lowest responsive Bid totals are exactly equal, in which case proposed recycling percentages will be used as a tiebreaker,per AP WA GSP in Section 1-03.1(1)of the Special Provisions. Regardless, the Bidder's stated proposed percentages will become a goal the Contractor should do its best to accomplish. Bidders will be required to report on recycled materials actually incorporated into the Project, in accordance with the APIWA GSP in Section 1-06.6 of the Special Provisions. Scott Willms Signature Of Bidder: ,e" Person/Entity Name: Srgn t � Company: Shamrock Paving, Inc. Date: 03/01/2024 City of Spokane Valley 9 Bid Proposal Documents 16"'Ave Preservation City of Spokane Valley 10210 E Sprague Ave Spokane Valley,WA 99206 Local Agency Subcontractor List Prepared in compliance with RCW 39.30.060 as amended To Be Submitted with the Bid Proposal Project Name 16th Ave Preservation. CIP 0354 Failure to list subcontractors with whom the bidder,if awarded the contract,will directly subcontract for performance of the work of structural steel installation,rebar installation,heating,ventilation and air conditioning, plumbing,as described in Chapter 18.106 RCW,and electrical,as described in Chapter 19.28 RCW or naming more than one subcontractor to perform the same work will result in your bid being non-responsive and therefore void. Subcontractor(s)with whom the bidder will directly subcontract that are proposed to perform the work of structural steel installation, rebar installation,heating,ventilation and air conditioning,plumbing,as described in Chapter 18.106 RCW,and electrical as described in Chapter 19.28 RCW must be listed below.The work to be performed is to be listed below the subcontractor(s)name. To the extent the Project includes one or more categories of work referenced in RCW 39.30.060,and no subcontractor is listed below to perform such work,the bidder certifies that the work will either(i)be performed by the bidder itself,or(ii)be performed by a lower tier subcontractor who will not contract directly with the bidder. Subcontractor Name Power City Electric, Inc. Work to be performed Electrical Subcontractor Name Work to be performed Subcontractor Name Work to be performed Subcontractor Name Work to be performed Subcontractor Name Work to be performed *Bidder's are notified that it is the opinion of the enforcement agency that PVC or metal conduit,junction boxes,etc,are considered electrical equipment and therefore considered part of electrical work,even if the installation is for future use and no wiring or electrical current is connected during the project. DOT Form 271-015A Revised 06/2020 BID DEPOSIT FORM OF BID DEPOSIT-CHECK ONE: Please submit this sheet with the bid deposit. CASH.Attach the deposit behind this sheet. X SURETY BOND-Attach bid bond behind this sheet.IT IS STRONGLYRECOMA/IENDED THAT YOU USE THE ATTACHED FORM. BID DEPOSIT REQUIRED.No bid may be considered for public work unless it is accompanied by a bid deposit in the form of a surety bond, postal money order, cash, cashier's check, or certified check in an amount equal to five percent(5%)of the amount of the bid proposed. If the bidder to whom the contract is awarded fails to enter into the contract and furnish the contractor's bond as required within ten days after notice of the award,exclusive of the day of notice,the amount of the bid deposit shall be forfeited to the City and the contract awarded to the next lowest and best bidder. If the deposit is"cash"and is in the form of a postal money order,cashier's check, or certified check, the checks are to be made payable to the City of Spokane Valley. Cash bid deposits are to be accompanied by this fonn. Cash bid deposits of all unsuccessful bidders shall be returned after the contract is awarded and the required contractor's bond and proof of insurance given by the successful bidder is accepted by the City of Spokane Valley. If the bid deposit is in the form of a surety bond it must be of a corporate surety licensed to do business in the State of Washington. The City strongly recommends the use of the attached City Bid Deposit Surety Bond Form. If the City's Bid Deposit Surety Bond Form is not used,the bidder is warned to take special care in assuring that the form used does not materially alter, qualify or conflict with the terms and conditions set forth in the City's Bid Deposit Surety Bond Form. The failure to furnish a bid bond in compliance with the City's Bid Deposit Surety Bond Form shall make the bid non-responsive and shall cause the bid to be rejected by the City. Name: Scott Willms Signature Of Bidder: ` Person/Entity g ..Z"/ Com any= Shamrock Paving, Inc. Date: 03/01/2024 Company: City of Spokane Valley 10 Bid Proposal Documents 16'Ave Preservation Spokane jValley Bid BOND NO: CONTRACTOR'S BID DEPOSIT SURETY BOND to City of Spokane Valley,Washington We,Shamrock Paving, Inc. , as Principal,existing under and by virtue of the laws of the State of Washington and authorized to do business in the State of Washington,and Liberty Mutual Insurance Company as Surety,organized and existing under the laws of the State of Massachusetts , are held and finely bound unto the City of Spokane Valley, a Washington municipality, as Obligee, in the penal sum of 5%of the total amount bid,not to exceed$Five Percent(5%)of Bid Amount , for the payment of which we jointly and severally bind ourselves,and our legal representatives and successors. WHEREAS,the Principal has submitted a bid for 16th Ave Preservation,Project#0354. NOW THEREFORE, the condition of the obligation is such that if the Obligee shall accept the bid of Principal and make timely award to the Principal according to the terms of the bid documents; and the Principal shall,within ten days after notice of the award,exclusive of the day of notice,enter into the contract with the Obligee and famish the contractor's bonds (performance and payment bonds) with Surety satisfactory to the Obligee in an amount equal to 100%of the amount of the bid proposed including additives, alternatives and Washington State sales tax, then this obligation shall be null and void; otherwise if the Principal fails to enter into the contract and fails to furnish the contractor's bonds within ten days of notice of award,exclusive of the day of notice,the amount of the bid deposit shall be forfeited to the Obligee,payable by the Surety;but in no event will the Surety's liability exceed the face amount of this bid bond. This bond may be executed in two original counterparts,and shall be signed by the parties'duly authorized officers.This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. Shamrock Pavin , Inc. Liberty Mutual Insurance Company PRINCIPAL(C OR) S .•'. TY /f"-/' 3/01/2024 � • 3/0 2024 Principal Signature Date Sure ignatur Date tiCo-I4 � Jj/lYns Carley Espiritu Printed Name Printed Name Genera I Hgn/er Attorney-in-Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: Propel Insurance P.O. Box 2940, Tacoma, WA 98401 (253) 759-2200 Ite‘,>rd I 14 I: City of Spokane Valley I 1 Bid Proposal Documents l6i°Ave Preservation This Power of Attorney limits the acts of those named herein,and they have no authority to r bind the Company except in the manner and to the extent herein stated. V�oi Liberty Liberty Mutual Insurance Company IP ` Mutual. The Ohio Casualty Insurance Company Certificate No: 8211360-023049 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the'Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Aliceon A. Keltner,Alyssa J.Lopez,Amber Lynn Reese,Amelia G.Burrill,Annelies M.Richie,Brandon K.Bush,Brent E.Heilesen,Carley Espiritu,Christopher Kinyon,Dana Marie Brinkley,Diane M.Harding,Donald Shanklin,Jr.,Edward Sims,Eric A.Zimmerman,Holli Albers,Jacob T.Haddock,James B.Binder,Jamie L.Marques, Julianne Morris,Julie R Truitt,Justin Dean Price,Kari Michelle Motley,Katharine J Snider,Lindsey Elaine Jorgensen,Lois F.Weathers,Michael Mansfield,Misti M. Webb,Sara Sophie Sellin,Sarah Whitaker,Tamara A.Ringeisen all of the city of Tacoma state of WA each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 12th day of February , 2024 . Liberty Mutual Insurance Company �Jp, tHSti., vim" 1 1NSGR9 Pa pP?URQy The Ohio Casualty Insurance Company ^ti, y „o 0o R+r ' West American Insurance Company J 3 to Q 3 Fo 0 � _ `�o ll ui Y ;1912y o a 21919� o IQ 1991 o co-E dV1 SSACHUS�-da HAMP`+� D •! �HOIAN� L r ....frn 'C oo. co= ei7 * 0 �yt * t`� �M * *d By: •�to tp David M.Carey,Assistant Secretary `m State of PENNSYLVANIA •— ,County of MONTGOMERY SS O E 5 On this 12th day of February , 2024 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o m Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes a, > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. iii>a a1 cc IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. 0= c•y �Pqs p O co O N (,-;".. Pry TF� CommomveallhoiPennsyNania-NotarySeal �• ii, ,>� 'G s Teresa Pastella,Notary Public CD.� ai O r_ ° s I' Montgomery County .— E o•w OF My commission expires March 28,2025 By• o w c �.r Commission number 1126044 Q N ?q, 1vsyoir C, Member.Pennsylvania Association of Notaries eresaPastella,Notary Public mcts u) or4Ry pe OL c) -t.a? This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual 3 opop E•E Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: to M Lei 2ARTICLE IV—OFFICERS:Section 12.Power of Attorney. `o 0 Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the a .— o President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliiver as surety m— n" aoi any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-In-fact,subject to the limitations set forth in their respective powers of attomey,shall-o o ' have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed, such 0 a) co Z o instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the m provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. o n ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 1st day of March ,2024 • Pv 1NSU� POSY INs, 0 1NSU,p JooPo,.., & e).sti pP0% �VPGopPo�gyCr 3 Fo m Q/. Fo c, N( 991 912 0 0 1919 0 �G ^�'"•. ,14.'acfiu5`"-d y°1 HAMPS`'�-dbo .rs 'NnrANt- as y•Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02/21 REPRESENTATIONS AND CERTIFICATIONS Pursuant to RCW 9A.72.085, I Scott Willms , declare under penalty of perjury under the laws of the State of Washington that the following Representations and Certifications are true and correct: REPRESENTATION: 1 am the General Manager(position)for Shamrock Paving, Inc. (company name), (hereinafter "Firm"), and have been duly authorized to make all such representations and certifications herein on behalf of the Firm. Any reference herein to"I,""me,"or"we"means the Firm. ANTI-KICKBACK REPRESENTATION:No officer or employee of the City of Spokane Valley, having the power or duty to perform an official act or action related to this submittal, has, nor will they acquire any interest in this submittal,or have solicited, accepted or granted a present or future gift,favor,service, or other thing of value from or to any person involved in this submittal. REPRESENTATION: In submitting this bid I represent that the bid documents have been read and understood,that the site has been visited and or that I have become familiarized with the local conditions under which the work is to be performed, that by signature of this proposal I acknowledge all requirements and that I or authorized representatives of the Finn have signed all certificates contained herein. REPRESENTATION: In submitting this bid I acknowledge and agree to the requirements and conditions applicable to bid deposits in the form of a cash bid deposit or surety bond bid deposit. NON-COLLUSION: That the Firm and all associated members, officers, and employees of such Firm have not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this bid is submitted. I CERTIFY that pursuant to RCW 39.04.350(1)(d) and RCW 39.06.010, no final determination of violation of RCW 50.12.070(1)(b),50.16.070(l)(b),or 82.32.070(1)(b)has been made by the Washington State Departments of Employment Security, Labor And Industries or Revenue respectively dated within two years of the date of the closing of this bid. I understand further that no bid may be submitted, considered or contract awarded for a public work to any person or entity that has a determination of violation of the above referenced statutes within two years from the date that a violation is finally determined and the date of this bid closing. I CERTIFY that the Firm is not in violation of RCW 39.04.350(1)(d)and RCW 39.12.065(3)with regard to payment of prevailing wages. I CERTIFY that pursuant to RCW 39.04.350(1)(g), in the three-year period immediately preceding the date of the bid solicitation, no final and binding citation and assessment has been issued by the Department of Labor and Industries and no civil judgment has been entered by a court of limited or general jurisdiction for any willful violation of chapters 49.46,49.48,or 49.52 RCW. I CERTIFY that pursuant to RCW 39.04.350(1)(f),all necessary members, officers,and employees of the Firm have: CHECK ONE: Completed the appropriate training on prevailing wage and public works requirements prior to contract award;or X Completed three or more public works projects and has held a valid Washington business for three or more years. A copy of evidence of such training or exemption from the Department of Labor and Industries has been attached to this Representation and Certification Form. City of Spokane Valley 12 Bid Proposal Documents I6ih Ave Preservation I CERTIFY that pursuant to RCW 39.06.020, if selected, I will verify the responsibility criteria for all subcontractors as set forth in RCW 39.04.350(1). I CERTIFY that to the best of my knowledge the information contained in this proposal is accurate and complete and that I have the legal authority to commit this Firm to a contractual agreement. I realize the final funding for any service is based upon budget levels and the approval of the City of Spokane Valley. I CERTIFY that by signing the signature page of this bid,I am deemed to have signed and have agreed to I the provisions of this declaration. Name: Scott Willms Person/entity submitti i t)ng Signature: z.,-.49/-- ------ Title: General Manager Date: 03/01/2024 Place Signed: Spokane, WA • City of Spokane Valley 13 Bid Proposal Documents 16ih Ave Preservation BIDDER QUESTION FORM 16th Ave Preservation#0354 City of Spokane Valley In accordance with Section 1-02.4(1)General,the following form is provided for noting errors or conflicts found in the plans or specifications or for asking questions that are pertinent to bidding the contract. Submit the form by email to Kelly Lynch and Candice Powers-Henderson.The Subject line must include the project name and number.See example below: To: klynch@spokanevalleywa.gov;cphenderson@spokanevalleywa.gov Subject: 1611 Ave Improvements#0354 All emails must be received prior to the bid opening to allow the City time to respond. The Engineer will issue clarifications via addenda, emailed to questioner and all prospective bidders listed on the Planholder's List. I have the following question: Specification Reference or Page No: Detail No. Plan Sheet No. Please respond to: Name: Company: Address: Email address: City of Spokane Valley 14 Bid Proposal Documents I6th Ave Preservation Client#: 148076 CENTASH31 EXhI I C W r YYYY) /2024 M/DD/ ACORDT. CERTIFICATE OF LIABILITY INSURANCE 4/05 DATE(MM/DD/ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONCT Michael Mueller NAME:TA Propel Insurance PHONE 800 499-0933 FAX 866 577-1326 (A/C,No,Ext): (A/C,No): 601 Union Street;Suite 3400 a oaesS: michael.mueller@propelinsurance.com COM Construction INSURER(S)AFFORDING COVERAGE NAIL# Seattle,WA 98101-1371 INSURER A:Zurich American Insurance Company 16535 INSURED INSURER B:American Guarantee and Liability Ins.Co 26247 Shamrock Paving Inc. INSURER C: P.O. Box 19263 INSURER D: Spokane,WA 99219 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 EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY GLA039838107 03/31/2024 03/31/2025 EACH OCCURRENCEp� $2,000,000 CLAIMS-MADE X OCCUR PREMISES{Ea occur°nee) $1,000,000 X BI/PD Ded:$25,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY X JECOT LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ A AUTOMOBILE LIABILITY GLA039838107 03/31/2024 03/31/2025 (E°aocideD SINGLE LIMIT $2,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X AUTOS ONLY y NON-OWNED PROPERTY DAMAGE AUTOS ONLY (Per accident) PD DED $25,000 B X UMBRELLA LIAR X OCCUR AUC039848407 03/31/2024 03/31/2025 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED RETENTION$ $ A WORKERS COMPENSATION GLA039838107 03/31/2024 03/31/2025 STATUTE X ERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WA STOP GAP E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) RE:16th Ave Preservation-CIP#354,Contract Number 24-058 City of Spokane Valley is listed as an Additional Insured per the attached forms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10210 E Sprague Ave. ACCORDANCE WITH THE POLICY PROVISIONS. Spokane Valley,WA 99206-0000 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S6542557/M6517118 MRE00 This page has been left blank intentionally. Coverage Extension Endorsement Z U RI C H THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLA0398381-07 Effective Date: 03/31/2024 This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II—Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any"employee"of yours is also an"insured"while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured"while using a covered "auto"you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s)where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance— Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any"accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment—Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II—Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the"insured"at our request, including actual loss of earnings up to$500 a day because of time off from work. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II—Covered Autos Liability Coverage does not apply. U-CA-424-H CW(10/21) Page 1 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II—Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in B. Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in B. Exclusions of Section IV—Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss"to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the"loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.Z. of the Physical Damage Coverage Section is replaced by the following: We will pay up to$75 for towing and labor costs incurred each time a covered "auto"that is a"private passenger type", light truck or medium truck is disabled. However, the labor must be performed at the place of disablement. As used in this provision,"private passenger type"means a private passenger or station wagon type"auto"and includes an "auto" of the pickup or van type if not used for business purposes. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced,the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage—Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; U-CA-424-H CW(10/21) Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of$3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to$750 for"loss"to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for"loss"to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However,we will not pay for"loss"to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold,silver, platinum, or other precious alloys or metals;furs or fur garments;jewelry,watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a.Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of"loss". The most we will pay for such"loss"to tapes, records,discs or other similar devices is$500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". K. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section III—Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: U-CA-424-H CW(10/21) Page 3 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller(or smallest)deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller(or smallest)deductible, it will be reduced by the amount of the smaller(or smallest)deductible. M. Temporary Substitute Autos—Physical Damage 1. The following is added to Section I—Covered Autos: Temporary Substitute Autos—Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos"for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto"you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos—Physical Damage We will pay the owner for"loss"to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. N. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of"accident", claim, "suit"or"loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or"loss". However, these duties only apply when the "accident", claim, "suit" or"loss" is known to you (if you are an individual), a partner(if you are a partnership), a member(if you are a limited liability company)or an executive officer or insurance manager(if you are a corporation). The failure of any agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or"loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How,when and where the"accident"or"loss" occurred and if a claim is made or"suit"is brought,written notice of the claim or"suit" including, but not limited to, the date and details of such claim or"suit"; (2) The "insured's" name and address; and (3) To the extent possible,the names and addresses of any injured persons and witnesses. If you report an"accident",claim,"suit"or"loss"to another insurer when you should have reported to us,your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. O. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: U-CA-424-H CW(10/21) Page 4 of 6 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or"loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. P. Employee Hired Autos— Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance— Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos"you own: (1) Any covered "auto"you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto". Q. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of"autos"or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. R. Hired Auto—World Wide Coverage Paragraph 7.b.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere else in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, S. Bodily Injury Redefined The definition of"bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. T. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II—Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury"or"property damage"expected or intended from the standpoint of the"insured". This exclusion does not apply to"bodily injury" or"property damage" resulting from the use of reasonable force to protect persons or property. U. Physical Damage—Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section III—Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of$1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". U-CA-424-H CW(10/21) Page 5 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. V. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type,we will pay an additional 10% of the cost of the replacement"auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of$2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. W. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered,we will pay the cost of transport to return the"auto"to you. We will pay only for those covered "autos"for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. • U-CA-424-H CW(10/21) Page 6 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 0 Additional Insured — Automatic — Owners, Lessees Or Z U RI C H Contractors THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLA 0398381-07 Effective Date: 03/31/2024 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II—Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" and subject to the following: 1. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or b. The ISO CG 20 37 (10/01 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that"bodily injury", "property damage"or"personal and advertising injury"arises out of: (1) Your ongoing operations, with respect to Paragraph 1.a. above; or (2) "Your work", with respect to Paragraph 1.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 1., insurance afforded to such additional insured: (a) Only applies if the"bodily injury", "property damage"or"personal and advertising injury"offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (b) Does not apply to "bodily injury" or"property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 2. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (07/04 edition); or b. The ISO CG 20 37 (07/04 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that"bodily injury", "property damage" or"personal and advertising injury" is caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, U-GL-2162-A CW(02/19) Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. in the performance of: (a) Your ongoing operations, with respect to Paragraph 2.a. above; or (b) "Your work" and included in the "products-completed operations hazard", with respect to Paragraph 2.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 2., insurance afforded to such additional insured: (i) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (ii) Does not apply to "bodily injury" or"property damage" caused by"your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 3. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 10 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to ongoing operations (if no form is specified), such person or organization is then an additional insured only to the extent that"bodily injury", "property damage" or"personal and advertising injury" is caused, in whole or in part by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations,which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 3., insurance afforded to such additional insured: (a) Only applies to the extent permitted by law; (b) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and (c) Only applies if the"bodily injury", "property damage"or"personal and advertising injury"offense occurs during the policy period and subsequent to your execution of the written contract or written agreement. 4. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 37 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to the "products-completed operations hazard" (if no form is specified), such person or organization is then an additional insured only to the extent that"bodily injury"or"property damage" is caused, in whole or in part by"your work" and included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 4., insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; (3) Only applies if the "bodily injury" or"property damage" occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (4) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. U-GL-2162-A CW(02/19) Page 2 of 4 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. B. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the"occurrence"which caused the"bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. Solely with respect to the coverage provided by this endorsement,the following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV—Commercial General Liability Conditions: The additional insured must see to it that: (1) We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; (2) We receive written notice of a claim or"suit" as soon as practicable; and (3) A request for defense and indemnity of the claim or"suit"will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. Solely with respect to the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance,whether primary, excess,contingent or on any other basis,available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. Solely with respect to the insurance afforded to an additional insured under Paragraph A.3. or Paragraph A.4. of this endorsement, the following is added to Section III— Limits Of Insurance: Additional Insured—Automatic—Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance: U-GL-2162-A CW(02/19) Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 1. Required by the written contract or written agreement referenced in Section A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms, conditions, provisions and exclusions of this policy remain the same. U-GL-2162-A CW(02/19) Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Waiver Of Subrogation (Blanket) Endorsement Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer Add'!Prem. Return Prem. GLA 0398381-07 03/31/2024 03/31/2025 06191000 $ INCL $ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement,which is executed before a loss,to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-925-B CW(12/01) Page 1 of 1 POLICY NUMBER:GLA 0398381-07 COMMERCIAL GENERAL LIABILITY CG25030509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): ANY CONSTRUCTION PROJECT EXCEPT A CONSTRUCTION PROJECT FOR WHICH A CONSOLIDATED (WRAP—UP) OR SIMILAR INSURANCE PROGRAM HAS BEEN PROVIDED. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by damages or under Coverage C for medical "occurrences"under Section I —Coverage A,and expenses shall reduce the Designated for all medical expenses caused by accidents Construction Project General Aggregate Limit under Section I —Coverage C,which can be for that designated construction project. Such attributed only to ongoing operations at a single payments shall not reduce the General designated construction project shown in the Aggregate Limit shown in the Declarations nor Schedule above: shall they reduce any other Designated 1. A separate Designated Construction Project Construction Project General Aggregate Limit General Aggregate Limit applies to each for any other designated construction project designated construction project, and that limit shown in the Schedule above. is equal to the amount of the General 4. The limits shown in the Declarations for Each Aggregate Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A,except General Aggregate Limit shown in the damages because of "bodily injury"or Declarations, such limits will be subject to the "property damage"included in the "products- applicable Designated Construction Project completed operations hazard", and for General Aggregate Limit. medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits"brought; or c. Persons or organizations making claims or bringing "suits". CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 0 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "products-completed operations hazard"is "occurrences"under Section I —Coverage A,and provided, any payments for damages because of for all medical expenses caused by accidents "bodily injury"or "property damage"included in under Section I —Coverage C,which cannot be the "products-completed operations hazard"will attributed only to ongoing operations at a single reduce the Products-completed Operations designated construction project shown in the Aggregate Limit, and not reduce the General Schedule above: Aggregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized Products-completed Operations Aggregate contracting parties deviate from plans, blueprints, Limit, whichever is applicable;and designs, specifications or timetables, the project 2. Such payments shall not reduce any will still be deemed to be the same construction Designated Construction Project General project. Aggregate Limit. E. The provisions of Section III —Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 0 POLICY NUMBER: GLA 0398381-07 COMMERCIAL GENERAL LIABILITY CG20321219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - ENGINEERS, ARCHITECTS OR SURVEYORS NOT ENGAGED BY THE NAMED INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name(s) Of Additional Insured Engineer(s), Architect(s) Or Surveyor(s) Not Engaged By The Named Insured: ANY ENGINEERS, ARCHITECTS OR SURVEYORS WHILE NOT ENGAGED BY YOU, TO WHOM OR TO WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO THE LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the architects, additional insureds, the following additional engineers or surveyors shown in the Schedule, but exclusion applies: only with respect to liability for "bodily injury", This insurance does not apply to "bodily injury", "property damage" or "personal and advertising "property damage" or "personal and advertising injury"caused, in whole or in part, by: injury" arising out of the rendering of or the failure 1. Your acts or omissions; or to render any professional services, including: 2. The acts or omissions of those acting on your 1. The preparing, approving, or failing to prepare behalf; or approve, maps,drawings,opinions, reports, in the performance of your ongoing operations surveys, change orders, designs or performed by you or on your behalf. specifications; or Such architects, engineers or surveyors, while not 2. Supervisory, inspection or engineering engaged by you, are contractually required to be services. added as an additional insured to your policy. This exclusion applies even if the claims against However, the insurance afforded to such additional any insured allege negligence or other insured: wrongdoing in the supervision, hiring, 1. Only applies to the extent permitted by law; and employment, training or monitoring of others by 2. Will not be broader than that which you are that insured, if the "occurrence"which caused required by the contract or agreement to provide the "bodily injury" or"property damage", or the for such additional insured. offense which caused the"personal and advertising injury", involved the rendering of or the failure to render any professional services. CG 20 32 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds,the following is added to Section insurance; III—Limits Of Insurance: whichever is less. The most we will pay on behalf of the additional This endorsement shall not increase the insured is the amount of insurance: applicable limits of insurance. 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 32 12 19 This page has been left blank intentionally. 0 Washington - Blanket Notification To Others Of Z U RI C H Cancellation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLA 0 3 9 8 3 81—0 7 Effective Date: 0 3/31/2 0 2 4 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. If we cancel this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will deliver electronic notification that such Coverage Part has been cancelled to each person or organization issued a Certificate of Insurance shown in a Schedule provided to us by the First Named Insured. Such Schedule: 1. Must be initially provided to us within 15 days: a. After the beginning of the policy period shown in the Declarations; or b. After this endorsement has been added to policy; 2. Must contain the names and e-mail addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled; 3. Must be in an electronic format that is acceptable to us; and 4. Must be accurate. Such Schedule may be updated and provided to us by the First Named Insured during the policy period. Such updated Schedule must comply with Paragraphs 2. 3. and 4. above. B. Our delivery of the electronic notification as described in Paragraph A. of this endorsement will be based on the most recent Schedule in our records as of the date the notice of cancellation is mailed or delivered to the first Named Insured. Delivery of the notification as described in Paragraph A. of this endorsement will be completed as soon as practicable after the effective date of cancellation to the first Named Insured. C. Proof of e-mailing the electronic notification will be sufficient proof that we have complied with Paragraphs A. and B. of this endorsement. D. Our delivery of electronic notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such delivery of electronic notification will not: 1. Extend the Coverage Part cancellation date; 2. Negate the cancellation; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. E. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the Schedule provided to us as described in Paragraphs A. and B. of this endorsement. All other terms, conditions, provisions and exclusions of this policy remain the same. U-GL-107-A WA(10/16) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. 0 Washington Blanket Notification To Others Of Z U RI C H Cancellation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLA 0398381-07 Effective Date: 03/31/2024 This endorsement modifies insurance provided under the: Auto Dealers Coverage Form Business Auto Coverage Form Motor Carrier Coverage Form A. If we cancel this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will deliver electronic notification that such Coverage Part has been cancelled to each person or organization issued a Certificate of Insurance shown in a Schedule provided to us by the First Named Insured. Such Schedule: 1. Must be initially provided to us within 15 days: a. After the beginning of the policy period shown in the Declarations; or b. After this endorsement has been added to policy; 2. Must contain the names and e-mail addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled; 3. Must be in an electronic format that is acceptable to us; and 4. Must be accurate. Such Schedule may be updated and provided to us by the First Named Insured during the policy period. Such updated Schedule must comply with Paragraphs 2., 3. and 4. above. B. Our delivery of the electronic notification as described in Paragraph A. of this endorsement will be based on the most recent Schedule in our records as of the date the notice of cancellation is mailed or delivered to the first Named Insured. Delivery of the notification as described in Paragraph A. of this endorsement will be completed as soon as practicable after the effective date of cancellation to the first Named Insured. C. Proof of e-mailing the electronic notification will be sufficient proof that we have complied with Paragraphs A. and B. of this endorsement. D. Our delivery of electronic notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such delivery of electronic notification will not: 1. Extend the Coverage Part cancellation date; 2. Negate the cancellation; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. E. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the Schedule provided to us as described in Paragraphs A. and B. of this endorsement. All other terms, conditions, provisions and exclusions of this policy remain the same. U-CA-103-A WA(10/16) Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 0 Commercial Umbrella Liability Policy Z U RI C H There are provisions in this policy that restrict coverage. Read the entire policy carefully to determine your rights, duties and what is and is not covered. Throughout this policy the words "you"and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a named insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word insured means any person or organization qualifying as such in SECTION V. DEFINITIONS of this policy. Words and phrases that are printed in bold-face type are defined in this policy. These definitions are found in SECTION V. DEFINITIONS of this policy or in the specific policy provision where they appear. In consideration of the payment of the premium and in reliance upon the statements in the Declarations and in accordance with the provisions of this policy we agree with you to provide coverage as follows: Insuring Agreements SECTION I. COVERAGE A. Coverage A- Excess Follow Form Liability Insurance Under Coverage A, we will pay on behalf of the insured those damages covered by this insurance in excess of the total applicable limits of underlying insurance. With respect to Coverage A, this policy includes: 1. The terms and conditions of underlying insurance to the extent such terms and conditions are not inconsistent or do not conflict with the terms and conditions referred to in Paragraph 2. below; and 2. The terms and conditions that apply to Coverage A of this policy. Notwithstanding anything to the contrary contained above, if underlying insurance does not apply to damages, for reasons other than exhaustion of applicable Limits of Insurance by payment of loss, then Coverage A does not apply to such damages. Also, Coverage A does not apply to any form of casualty business crisis expense insurance even if such insurance is afforded under underlying insurance or would have been afforded except for the exhaustion of the Limits of Insurance of underlying insurance. B. Coverage B - Umbrella Liability Insurance Under Coverage B, we will pay on behalf of the insured those damages the insured becomes legally obligated to pay by reason of liability: 1. Imposed by law because of bodily injury, property damage, or personal and advertising injury; or 2. Assumed under an insured contract because of bodily injury or property damage; covered by this insurance but only if the injury, damage or offense arises out of your business, takes place during the policy period of this policy and is caused by an occurrence happening anywhere. We will pay such damages in excess of the Retained Limit specified in Item 5. of the Declarations or the amount payable by other insurance, whichever is greater. Coverage B does not apply to any loss, claim or suit for which insurance is afforded under underlying insurance or would have been afforded except for the exhaustion of the Limits of Insurance of underlying insurance. The amount we will pay for loss under Coverage A or Coverage B is limited as described in SECTION II. LIMITS OF INSURANCE. We have no obligation under Coverage A and/or Coverage B with respect to any settlement made without our consent. The insurance afforded under Coverage A and Coverage B applies to bodily injury or property damage only if prior to the policy period, no designated insured knew that the bodily injury or property damage had occurred, in whole or in part. If such a designated insured knew, prior to the policy period,that the bodily injury or property damage occurred, then any continuation, change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. U-UMB-103-C CW(03/10) Page 1 of 19 C. The duties and requirements imposed upon any insured under this policy will not apply to any non-admitted jurisdiction. However, with respect to any claims made or suits brought in a non-admitted jurisdiction, it will be the duty of the first Named Insured to do or cause the applicable qualified entity to do such things as would be required of such qualified entity if Coverage A applied directly to such claim or suit, including: (1) Make such investigation, defense or settlement as we deem reasonable; (2) Obtain our approval for any payment; and (3) Effect approved payments to others, in accordance with the terms and conditions of this insurance. d. Under Coverage B, this policy does not apply to any liability, damage, loss, cost or expense arising out of any operations or activities of a qualified entity. e. We will promptly pay the first Named Insured at the mailing address listed in Item 2. of the Declarations the amount of damages covered under the terms of this policy. If the first Named Insured or any qualified entity recovers from any third party all or part of any amount that we have paid pursuant to this insurance, the first Named Insured will promptly reimburse the amount of any such recovery to us. 10. Legal Action Against Us There will be no right of action against us under this insurance unless: a. You have complied with all the terms of this policy; and b. The amount you owe has been determined by settlement with our consent or by actual trial and final judgment. This insurance does not give anyone the right to add us as a party in an action against you to determine your liability. 11. Maintenance of Underlying Insurance During the period of this policy, you agree: a. To keep the policies listed in the Schedule of Underlying Insurance in full force and effect; b. That the Limits of Insurance of the policies listed in the Schedule of Underlying Insurance will be maintained except for any reduction or exhaustion of limits by payment of claims or suits for damages covered by underlying insurance; c. The policies listed in the Schedule of Underlying Insurance may not be canceled or not renewed by you without notifying us, and you agree to notify us in the event an insurance company cancels or declines to renew any policy listed in the Schedule of Underlying Insurance; and d. Renewals or replacements of the policies listed in the Schedule of Underlying Insurance will not be materially changed without our agreement. If you fail to comply with these requirements, we will only be liable to the same extent that we would have been had you fully complied with these requirements. 12. Miscellaneous Unintentional Errors and Omissions Any unintentional error or omission in the description of, or failure to describe completely, any premises or operations intended to be covered by this policy, shall not invalidate or affect the coverage for those operations or premises. However, the insured must report such error or omission to the company as soon as practicable after its discovery. 13. Other Insurance If other insurance applies to damages that are also covered by this policy, this policy will apply excess of the other insurance. However, this provision will not apply: a. If the other insurance is written to be excess of this policy; or b. With respect to Coverage A only, if the named insured has agreed in a written contract to carry insurance to apply prior to and be non-contributory with that of another person or organization's insurance, but only as respects damages arising out of insured operations or work on behalf of the named insured performed under such written contract. The limits available to the other person or organization will be the lesser of the policy limits or the minimum limits required by such written contract. In that case, other insurance of that person or organization will apply as excess and not contribute prior to the insurance afforded by this policy. U-UMB-103-C CW(03/10) Page 17 of 19 Nothing herein will be construed to make this policy subject to the terms, conditions and limitations of such other insurance. 14. Premium The premium for this policy as stated in Item 6. of the Declarations is a flat premium. It is not subject to adjustment unless an endorsement is attached to this policy. 15. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned to the first Named Insured, this insurance applies: a. As if each named insured were the only named insured; and b. Separately to each insured against whom claim is made or Suit is brought. 16. Terms Conformed to Statute The terms of this policy which are in conflict with the statutes, laws, ordinances or regulations in any country, jurisdiction, state or province where this policy is issued are amended to conform to such statutes, laws, ordinances or regulations. If we are prevented by law or statute from paying on behalf of the insured, then we will,where permitted by law or statute, indemnify the insured. 17. Transfer of Rights of Recovery Against Others to Us a. If the insured has rights to recover all or part of any payment we have made under this insurance, those rights are transferred to us. The insured must do nothing after the loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. However, if any insured is required by a written contract or agreement which is executed before a loss to waive their rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations for which the insured has not waived their rights of recovery by contract. b. Any amount recovered will be apportioned in the inverse order of payment of loss to the extent of actual payment. The expenses of all such recovery proceedings will be apportioned in the ratio of respective recoveries. 18. Transfer of Your Rights and Duties Your rights and duties under this insurance may not be transferred without our written consent. If you die, then your rights and duties will be transferred to your legal representative, but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having temporary custody of your property will have your rights and duties but only with respect to that property. 19. When Loss is Payable Coverage under this policy will not apply until the insured, or the insured's underlying insurer has paid or is legally obligated to pay the full amount of the Underlying Limits of Insurance or Retained Limit. When the amount of loss is determined by an agreed settlement or on a final judgment against an insured obtained after an actual trial, we will promptly pay on behalf of the insured the amount of loss covered under the terms of this policy. The first Named Insured will promptly reimburse us for any amount within the Retained Limit paid by us. 20. Violation of Economic or Trade Sanctions If coverage for a claim or suit under this policy is in violation of any economic or trade sanctions of the United States of America then coverage for that claim or suit will be null and void. B. The following Condition is applicable to Coverage A and Coverage B: 1. Notice of Occurrence, Claim or Suit a. You must see to it that we are notified as soon as practicable of an occurrence which may result in damages covered by this policy. To the extent possible, notice will include: (1) How, when and where the occurrence took place; U-UMB-103-C CW(03/10) Page 18 of 19 0 Schedule of Underlying Insurance ZURICH Re: CENTRAL WASHINGTON ASPHALT,INC. Coverage: Commercial Umbrella Liability Policy Reference Number: 0398484-40 Our proposal is subject to the underlying limits of liability and coverages as stated below. All Underlying Insurance must be provided by a carrier with an A.M. Best rating of A-VII or better. Commercial General Liability Carrier Group Name: Zurich Insurance Group LTD Issuing Company: Zurich American Insurance Company Policy Number: GLA 0398381 07 Policy Period: 03/31/2024 to 03/31/2025 Coverages Included: Premises and Products/Completed Ops Premises- Each Occurrence Limit: $2,000,000 Retention Type: Deductible Retention ALAE: In Addition to the Limit Retention Amount: $25,000 Products/Completed Ops-Each $2,000,000 Occurrence Retention Type: Deductible Retention ALAE: In Addition to the Limit Retention Amount: $25,000 General Aggregate: $4,000,000 Products/Completed Operations $4,000,000 Aggregate: Employee Benefits- Each Claim: $1,000,000 Employee Benefits-General Aggregate: $2,000,000 Retention Type: Deductible Retention ALAE: In Addition to the Limit Retention Amount: $1,000 Terms and Conditions: Auto Liability Carrier Group Name: Zurich Insurance Group LTD Issuing Company: Zurich American Insurance Company Detailed Description of Policy: TBD Policy Number: GLA 0398381 07 Policy Period: 03/31/2024 to 03/31/2025 Combined Single Limit: $2,000,000 Retention Type: Deductible Retention ALAE: Erode the Limit Retention Amount: $25,000 Terms and Conditions: U-GU-877-A CW(06/11) Page 4 of 9 0 Schedule of Underlying Insurance ZURICH Stop Gap Carrier Group Name: Zurich Insurance Group LTD Issuing Company: Zurich American Insurance Company Detailed Description of Policy: TBD Policy Number: GLA 0398381 07 Policy Period: 03/31/2024 to 03/31/2025 Bodily Injury By Accident- Each Accident: $1,000,000 Retention Type: None Bodily Injury By Disease- Each Employee: $1,000,000 Retention Type: None Bodily Injury By Disease- Policy Limit: $1,000,000 Terms and Conditions: Personal Umbrella Policy Carrier Group Name: Other Issuing Company: Safeco Insurance Company of America Detailed Description of Policy: Pamp M. and Kimberly L. Maiers Policy Number: UH2015922 Policy Period: 06/16/2021 to 06/16/2022 Each Occurrence Limit: $5,000,000 Retention Type: None Terms and Conditions: U-GU-877-A CW(06/11) Page 5 of 9 Schedule of Forms and Endorsements ZURICH® Re: CENTRAL WASHINGTON ASPHALT, INC. Coverage: Commercial Umbrella Liability Policy Reference Number: 0398484-40 The following schedule contains a general description of the coverages provided. For a detailed description of the terms conditions, exclusions and limitations of this insurance you must refer to the applicable policy forms and endorsements identified. Title * Form Number Policy Form: Commercial Umbrella Liability Policy U-UMB-103-C CW(03/10) Endorsement: Important Notice-In Witness Clause U-GU-319-F(01/09) Schedule Of Taxes,Surcharges Or Fees U-GU-616-A CW(10/02) Disclosure of Important Information Relating to Terrorism Risk Insurance Act U-GU-630-E CW(01/20) Commercial Umbrella Liability Policy Declarations U-UMB-D-101-C CW(03/10) Schedule of Underlying Insurance U-UMB-105-A CW(07/99) Extended Schedule of Underlying Insurance U-UMB-106-A CW(07/99) Certified Act of Terrorism Exclusion-Coverages A&B U-UMB-408-C MU(01/15) Care,Custody Or Control Exclusion U-UMB-129-B CW(07/03) Contractors Limitation Endorsement With Consolidated(Wrap-Up)Insurance Program Excluded U-UMB-134-D CW(01/14) Cross Suits Exclusion U-UMB-141-A CW(07/99) Employee Benefits Liability Follow Form U-UMB-167-B CW(07/03) Lead Exclusion U-UMB-193-A CW(07/99) Products-Completed Operations Hazard Follow Form U-UMB-224-A CW(07/99) Fungus or Bacteria Exclusion U-UMB-385-C MU(07/19) Designated Work Exclusion U-UMB-424-A CW(07/03) Silica or Silica Mixed Dust Exclusion U-UMB-488-A CW(06/04) Total Pollution Exclusion U-UMB-524-B CW(03/10) Access Or Disclosure Of Confidential Or Personal Information And Data-Related Liability Exclusion U-UMB-920-A CW(01/15) Sanctions Exclusion Endorsement U-GU-1191-A CW(03/15) Washington Changes U-UMB-341-C WA(04/10) Exclusion-Recording And Distribution Of Material Or Information In Violation Of Law U-UMB-525-F CW(01/14) Umbrella Amendatory Endorsement U-UMB-906-A CW(01/14) *The titles of the endorsements are provided for convenience only. Coverage provided pursuant to these endorsements shall be interpreted and applied without regard to such titles. U-GU-81 1-A CW(10/08) Page 6 of 9 Exhibit D `i"akane BOND NO: 023231020 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley,Washington The City of Spokane Valley, Spokane County, Washington,has awarded to Shamrock Paving, Inc. (Contractor), as Principal,a contract for the construction of the project designated as 16th Ave Preservation,Project No.0354 in Spokane Valley,Washington, and said Principal is required under the terms of the Contract to furnish a performance bond in accordance with chapter 39.08 Revised Code of Washington(RCW). The Principal, and Liberty Mutual Insurance Company (Surety), a corporation, organized under the laws of Massachusetts and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S.Treasury Dept.,are jointly and severally held and firmly bound to the City of Spokane Valley,as Obligee,in the sum of$ $1,115,000 total Contract amount(including Washington State sales tax),subject to the provisions herein. This performance bond shall become null and void, if and when the Principal, its heirs, executors,administrators, successors,or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terns and conditions of all duly authorized modifications, additions, and changes to said Contract that may hereafter be made, at the time and in the manner therein specified; shall warranty the work as provided in the Contract and shall indemnify and hold harmless the Obligee from any defects in the workmanship and materials incorporated into the work for the period identified in the Contract;and if such performance obligations have not been fulfilled,this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract,or to the work to be performed under the Contract shall in any way affect its obligation on this bond,and waives notice of any change, extension of time,alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts,and shall be signed by the parties'duly authorized officers.This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. Shamrock Paving, I Liberty Mutual Insurance Company PRINC1P ONT S P./ 4/05/2024 4/OS/2024 'ncipal ignature Date S ture Scott Willms Carley Espiritu Printed Name Printed Name General Manager Attorney-In-Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: Propel Insurance P.O. Box 2940, Tacoma, WA 98401 (253) 759-2200 • � BOND NO: 023231020 CONTRACTOR'S PAYMENT BOND(NON-FEDERALLY FUNDED PROJECT) to City of Spokane Valley,Washington The City of Spokane Valley,Spokane County,Washington,has awarded to Shamrock Paving,Inc. (Contractor),as Principal,a contract for the construction of the project designated as 16th Ave Preservation,Project No.0354 in Spokane Valley,Washington, and said Principal is required under the terms of the Contract to furnish a payment bond in accordance with chapter 39.08 Revised Code of Washington(RCW). The Principal, and Liberty Mutual Insurance Company (Surety), a corporation organized under the laws Massachusetts and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S. Treasury Dept.,are jointly and severally held and firmly bound to the City of Spokane Valley,as Obligee,in the sum of$ 1,115,000 total Contract amount(including Washington State sales tax),subject to the provisions herein. This payment bond shall become null and void,if and when the Principal,its heirs,executors,administrators,successors,or assigns shall pay all persons in accordance with chapters 39.08 and 39.12 RCW,including all workers,laborers,mechanics,subcontractors, and materialmen,and all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work;and shall indemnify and hold harmless the Obligee from all loss,cost or damage which Obligee may suffer by reason of the failure of Principal to make such required payments;and if such payment obligations have not been fulfilled,this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract,or to the work to be performed under the Contract shall in any way affect its obligation on this bond,except as provided herein,and waives notice of any change,extension of time,alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts,and shall be signed by the parties'duly authorized officers.This bond will only be accepted if it is accompanied by a fully executed and original power of attomey for the officer executing on behalf of the surety. Shamrock Paving, Inc. Libert Mutual Insurance Company PR4 /O5/2O24 • 4/05/2024 cipal Signature Date Surety Signature Date Scott Willms Carley Espiritu Printed Name Printed Name General Manager Attorney-in-Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: Propel Insurance P.O. Box 2940, Tacoma, WA 98401 (253) 759-2200 This Power of Attorney limits the acts of those named herein,and they have no authority to iefNbind the Company except in the manner and to the extent herein stated. '�. ' Liberty rrlii‘44i' Liberty Mutual Insurance Company fMutual® The Ohio Casualty Insurance Company Certificate No. 8211385-023049 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Aliceon A. Keltner,Alyssa J.Lopez,Amber Lynn Reese,Amelia G.Burrill,Annelies M.Richie,Brandon K.Bush,Brent E.Heilesen,Carley Espiritu,Christopher Kinyon, Donald Shanklin,Jr.,Eric A.Zimmerman,Holli Albers,Jacob T.Haddock,James B.Binder,Jamie L.Marques,Julianne Morris,Julie R Truitt,Justin Dean Price, Katharine J.Snider,Lindsey Elaine Jorgensen,Lois F.Weathers,Michael Mansfield,Sarah Whitaker,Tamara A.Ringeisen all of the city of Tacoma state of WA each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 25th day of March 2024 . Liberty Mutual Insurance Company P�1NStj Pcci INs,R %NStJgr The Ohio Casualty Insurance Company 0.J oflPOR4J 4, 5J opY OR,J 92 \P op"OR, . t., West American Insurance Company J 3 Fo F . 2 Fo C' 2 Fo to 1912 0 0 1919 0 f 1991 0 fi as O Q y�UD BR MD� Y vNDIANP Ds *�dBy: co David M Carey,Assistant Secretary c as State of PENNSYLVANIA •ss _ c a2 0,County of MONTGOMERY o >, 4- D On this 25th day of March , 2024 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o o as Company,The Ohio Casualty Company,and West • American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes`= > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. >IY ▪ cQ IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. a0 D c•� //— 0_p ,,,,, ,,ON WE PAsi,F� Commonwealth of Pennsylvania-Notary Seal >L_ 6 p u� 4(1.y Teresa Pastella,Notary Public C"CO Montgomery County E O OF My commission expires March 28,2025 By: N C (a �w Commission number 1126044 NQ Teresa Pastella,Notary Public Q o NSVI G Member,Pennsylvania Association of Notaries w r0 N :iRy NO' O�`3 v This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual co E-- Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows:as- ARTICLE IV—OFFICERS:Section 12_Power of Attorney. o 0 o cis Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the a .a President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety F m > c any and all undertakings,bonds,recognizances and other surety obligations Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney, shall a 3 have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed, such Oar Z▪ o instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the_a have provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. ti eL ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fect as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and at undertakings,bonds,recognizances and other surety obligations Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this sth day of April , 2024 P�tNS4 ,SY INS& A %NSW? �`) -op"Oki. 4, yJ VORPOR4J.4'1% c OaPOR,:14, J r Fo F Q 3 Fo n 3 Fo F `'-' z 1912 � 0 1919 � � 1991 0 11 �,�(.Ly`. ctdej�c*e�F as o ,A*PS*,da3 '(4., 4°*"*SAD By Renee C Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02/21 Spokane 1 . Valley BOND NO: 023231021 CONTRACTOR'S RETAINAGE BOND to City of Spokane Valley,Washington The City of Spokane Valley,Washington,in Spokane County,has awarded to Shamrock Paving,Inc. ("Contractor"),as Principal, a contract for the construction of the project designated as 16th Ave Preservation, Project No. 0354 (the "Contract")in Spokane Valley,Washington. The Principal,existing under and by virtue of the laws of the State of Washington and authorized to do business in the State of Washington,and Liberty Mutual Insurance Company organized and existing under the laws of the State of Massachusetts and authorized to transact business in the State of Washington as Surety, are jointly and severally held and bound unto the City of Spokane Valley,hereinafter called Obligee,and are similarly held and bound unto the beneficiaries of the trust fund created by chapter 60.28 RCW,in the penal sum of 5%of the Contract, which is fifty five thousand seven hundred and fifty dollars ($ 55,750 ), plus 5%of any increases in the Contract amount that have occurred or may occur,due to change orders,increases in the quantities,or the addition of any new item of work. WHEREAS, on the day of , 20_, the said Principal and Obligee herein executed and entered into the Contract. WHEREAS,said Contract and chapter 60.28 RCW require the Obligee to withhold from the Principal the sum of 5%from monies earned by the Principal on estimates during the progress of the construction,hereinafter referred to as earned retained funds. WHEREAS,the Principal has requested that the Obligee accept a bond in lieu of earned retained funds as allowed under chapter 60.28 RCW. NOW THEREFORE,the condition of the obligation is such that the Principal and Surety are held and bound unto the beneficiaries of the trust fund created by chapter 60.28 RCW in the aforesaid sum. This bond, including any proceeds therefrom,is subject to all claims and liens and in the same manner and priority as set forth for retained percentages in chapter 60.28 RCW. The condition of this obligation is also such that if the Principal shall satisfy all payment obligations to persons who may lawfully claim under the trust fund purposes of chapter 60.28 RCW to the Obligee,and indemnify and hold the Obligee harmless from any and all loss,costs,and damages that the Obligee may sustain by release of the earned retained funds to the Principal,then upon notification of such satisfaction and release of the Surety by the Obligee, this obligation shall be null and void. PROVIDED HOWEVER,that: 1. The Surety shall be liable under this obligation as Principal. The Surety will not be discharged or released from liability for any act,omission or defenses of any kind or nature that would not also discharge Principal. 2. This obligation shall be binding upon and inure to the benefit of the Principal, the Surety, the Obligee, the beneficiaries of the trust fund created by chapter 60.28 RCW and their respective heirs,executors,administrators, successors and assigns. 3. Any suit under this bond must be instituted within the time provided by applicable law. This bond may be executed in two original counterparts,and shall be signed by the parties'duly authorized officers.This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. Shamrock Paving, Inc. Liberty Mutual Insurance Company PRINCIP CO -- S 4/05/2024 4/ 4 'ncipal Signature Date Sure a e Date Scott Willms Carley Espiritu Printed Name Printed Name General Manager Attorney-in-Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: Propel Insurance P.O. Box 2940, Tacoma, WA 98401 (253) 759-2200 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. r } � '• Liberty Liberty Mutual Insurance Company PI it Mutual The Ohio Casualty Insurance Company Certificate No 8211385-023049 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Aliceon A. Kellner,Alyssa J.Lopez.Amber Lynn Reese,Amelia G.Burrill,Annelies M.Richie,Brandon K.Bush,Brent E.Ileilesen,Carley Espiritu,Christopher Kinyon, Donald Shanklin,Jr.,Eric A.Zimmerman,Holli Albers,Jacob T.Haddock,James B.Binder,Jamie L.Marques,Julianne Morris,Julie R Truitt,Justin Dean Price, Katharine J.Snider,Lindsey Elaine Jorgensen-Lois F.Weathers,Michael Mansfield,Sarah Whitaker,Tamara A.Ringeisen all of the city of Tacoma state of WA each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 25th day of March , 2024 . Liberty Mutual Insurance Company P,1NSU, v`tv tNs°R , 1NSiJ q The Ohio Casualty Insurance Company „J CAaPOR4T 'L0 cjJ G o OaPOR4, 9y \P o Fo oPPOR4T tin West American Insurance Company o Q J 3 Fo t .' F n rr . to cri � 1912 y o 0 1919 1991 0 ci E a �, o a O rdJ19s'T4CHU5�.as yO ',.:, `'/da �s �NDIANP ,aa3 / /ruin a) O c ej� * *�' �Hi . t� 'M + �� By: D To c>3 — David M.Carey,Assistant Secretary E-= c`o State of PENNSYLVANIA SS — = LS County of MONTGOMERY o E .... m On this 25th day of March , 2024 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 0 o ro Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes N ' therein contained by signing on behalf of the corporations by himself as a duly authorized officer. >g 15 m IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. ¢O P O N p PAST d 2 Q�' 00N WF ' ' Commonwealth of Pennsylvania-Notary Seat >,_ O r� p'2 -•<2 y Teresa Pastella,Notary Public C•tp 05 Montgomery County iliatt) a) O OP My commission expires March 28,2025 Bya) 3 Commission number 1126044 N— -p _I.--�,G Member,Pennsylvania Association of Notaries eresa Pastella,Notary Public Q O cr)0 41RY MO Ov m` a)N t This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 3 E--- Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows o co ARTICLE IV-OFFICERS:Section 12.Power of Attorney. co o o o E.3 Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the-o -o ,) President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety g C° a• N any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney, shall -� c�3 o ` have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed, such O a3 Z instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the to provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. ti Q. ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if i signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C. Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this stn day of April , 2024 1NSUR v-tY INS° a 1NSUR jp GoaPOrtylo+R eJQ°OaaoR4,_ii, ..P` •,,i, 0 �/�{y��GLGy�• 1912 0 0 1919 1991 �, . Z Yi O Q B �,-9ss4cNus-4.da �cNAMPs�./. '.s 4NDIANP' At y Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02/21