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RESOLUTION NO. 5550 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, FINDING THAT THE CORONAVIRUS PANDEMIC EMERGENCY CONTINUES AND NECESSITATES THE MAYOR TO WAIVE COMPETITIVE BIDDING FOR A CONTRACT FOR THE INSTALLATION OF NEEDLEPOINT BIPOLAR IONIZATION EQUIPMENT IN THE HVAC SYSTEMS OF CITY BUILDINGS WHEREAS, the City of Auburn, Washington, is presently facing a health emergency due to COVID-19, a respiratory disease that can result in serious illness and death; and WHEREAS, on February 29, 2020, Washington State Governor Jay Inslee issued a proclamation declaring a State of Emergency in all counties of the state of Washington in response to new cases of COVID-19, and further exercising the Governor's emergency powers under RCW 43.06.220; and WHEREAS, on March 6, 2020, the Mayor proclaimed an emergency due to COVID- 19 and issued Emergency Proclamation 2020-02; and WHEREAS, state law exempts from competitive bidding requirements public works contracts that address an emergency, provided the governing body finds that the emergency continues to exist within two weeks of the award of the contract; and WHEREAS, the most recent epidemiological evidence reveals that the coronavirus is transmitted by aerosols in the air and that filtering and air purification protect against transmission in closed areas such as office spaces; and WHEREAS, on September 21, 2020 the City of Auburn executed a contract with MacDonald Miller to install needlepoint bipolar ionization equipment in the HVAC systems of city buildings. Resolution No. 5550 DATE September 21, 2020 Page 1 of 3 Rev. 2019 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. The Auburn City Council finds that the Mayor's Emergency Proclamation 2020-02 is still effective. Section 2. The Auburn City Council further finds that the coronavirus pandemic that is the subject of the Mayor's proclamation continues to present an emergency condition which the installation of needlepoint bipolar ionization equipment in city building will address. Section 3. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 4. This Resolution will take effect and be in full force on passage and signatures. Dated and Signed: September 21, 2020 CITY OF AUBURN NANCI CKUS, MAYOR ATTEST: APPROVED AS TO FORM: . z._us:- -). N (_.(1\i•- Shawn .(jShawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney Resolution No. 5550 DATE September 21, 2020 Page 2 of 3 Rev.2019 ATTACHMENT A Resolution No. 5550 DATE September 21, 2020 Page 3 of 3 Rev.2019 --..,,,,,• ,,, 40,.,.,. 174,toii,„ ,, :::'4."`' ; '...'., ''.:'. f,,- 111111.1 :..--,1,-,,,-)3f,-- r, k A A GLOBAL F3 1-A ivi..* in1.,.; SOLUTIONS mi it Lilt ai ir le 1 I ' , L -— -- - _ ,.. 411L-1 i ... i ..? xi. , '4'1 ' '"" --' v,,..*" ..• • , . A , - - , l , tv , lr I iitlii „ .... , . ., ,... , -10- Engineering Air for a Cleaner WorldTM How Ionization Works GPS' NPBI technology works to safely clean the air inside industrial, commercial and residential buildings. The patented technology uses an electronic charge to create a plasma field filled with a high concentration of+and-ions.As these ions travel with the air stream they attach to particles, pathogens and gas molecules.The ions help to agglomerate fine sub- micron particles, making them filterable. The ions kill pathogens by robbing them of life-sustaining hydrogen. The ions breakdown harmful VOCs with an Electron Volt Potential under twelve(eV<12) into harmless compounds like 02,CO2, N2, and H2O. The ions produced travel within the air stream into the occupied spaces, cleaning the air everywhere the ions travel,even in spaces unseen. . A . s • s * • . VIRUSES • . a . ODORS • ! . 4 • • • 02 MOLD H2O PARTICLES ���j�^' �� L �� 1-- _[" ��` CO2 @A,'ERI, ALLERGENS BACTERIA Q1E ' 27' 1_ ' LLLV! /'C/ J OL.,Rs v. ,SES . u - .. , What is an Ion you may ask? Mother Nature's Way of Cleaning An ion is a molecule or atom that is positively or negatively GPS'technology generates the same ions as Mother Nature charged, meaning that it has electrons to give or needs creates with lightning,waterfalls,and ocean waves.Mother electrons to become uncharged,thus becoming stable. Nature uses energy to break apart molecules. It is nature's way of cleansing the air naturally and creating a healthy environment. The only difference is that GPS' technology does it without forming ozone or other harmful byproducts. GPS FACT: GPS can be installed in Truly a revolutIONIZER any system in any building... A pioneer with many innovations: •Agriculture • Hospitality 1St •Airports • Hospitals •Animal Care • Institutional ..with universal power supply •Arenas&Stadiums • Manufacturing with auto cleaning • Banks •Office Building ,. duct-mounted design •Casinos • Retail ...to use carbon fiber brush needlepoint emitters •Child Care •Schools&Universities with ionization bar •Convention Centers •Senior Care ...with flexible ionization strip • Fitness •Transportation , modular ionization bar • Food Service •Theater to achieve UL 867 Ozone Standard • Healthcare •Worship ., AND ONLY to pass the RCTA DO-160 standard for aircraft to be installed on a commercial jet ...to be certified by FAA to be installed in commercial hand driers Att ...AND ONLY to receive UL 2998 Ozone Free Certification IMF GPS'NPBI technology has been certifiedwillow° ...to receive OSPHD seismic (OSP)certification by UL 867 and UL 2998 to be ozone free. r , WHY GPS? GPS DELIVERS P.O.PE. 1 . $ ! .-- 4_'''''4''is s'::: , „, ' •o 2 , ' are , Ellls ° l'.;,'-,',1,.„'$0 DSU @ *� M q 1 . a, 3 h6 4 &. .4:, Particle Reduction Patho• -n •q I ,� The GPS NPBI technology reduces airborne particles During the GPS i r -4,i �,-. (i.e.,dust,pet dander,pollen)through agglomeration. attacks and killsVl . ld s,.:.,4,,-;44 r a ' The ions attach to the airborne particles.The particles ions steal away hydrogen'r•,. ,,e. =fir are subsequently attracted to one another,effectively them to die, and leaving.;, f , increasing their mass and size.The air filtration system indoor air. easily captures the larger particles, increasing the capture efficiency of your HVAC system. mk ODORS lelENERGY NEUTRALIZED SAVED Odor Reduction Energy Saving During the GPS cleaning process chemical, pet, GPS' environmentally friendly cleaning process cooking, and other odors are broken down into basic allows commercial buildings to significantly reduce harmless compounds, leaving the indoor air fresh the amount of outdoor air required to operate. This smelling and free of odor causing VOCs. equates to a safer, more comfortable environment reduing outside air intake by up to 75%. THE GPS ADVANTAGE CORONA CARBON ULTRAVIOLET GPS NPBI OTHER BPI DISCHARGE HEPA FILTERS FILTERS (UV) UV-PCO Produces Harmful Byproducts None Yes Yes No No Yes Yes Reduces Airborne Particles `/ Yes Yes Yes No No No Destroys VOCs `/ Yes Yes No Captures No Yes Kills Pathogens V Yes Yes No Captures Yes Yes Reduces Energy Cost 30% Yes Yes No No No No UL 2998 No-Ozone Certified V No No N/A N/A N/A N/A Treats In-Room Air V Yes Yes No No No No No Replacement Parts `/ No No No No No No Auto Self-Cleaning `/ No No No No No No Simple to Install V No No No No No No Low Total Cost V Yes No No No No No AUTO-CLEANING NPBI GPS-FC48-A 1. M UNIVERSAL VOLTAGE An automatic self-cleaning, lightweight NPBI system that handles up to 4,800 CFM or 12 tons. Designed for multiple mounting options including fan inlet,interior duct walls or floors.The composite construction allows for mounting in corrosive environments. a� Features ,• • • >400 Million +and—Ions Per cc/sec Foe's I • Universal Voltage Input (24—240 VAC) • Programmable Auto-Cleaning Cycle • Carbon Fiber Brush Emitters • Alarm Contacts MAINTENANCE FREE GPS-FC24-AC" An automatic self-cleaning, lightweight NPBI system that handles up to 2,400 CFM or 6 tons. Designed for multiple mounting options including fan inlet, interior duct walls or floors. The composite construction allows for mounting in corrosive environments. Features APPLICATIONS • >300 Million +and—Ions Per cc/sec •Agriculture • Hospitality • Universal Voltage Input (24—240 VAC) •Airports • Hospitals • Programmable Auto-Cleaning Cycle •Animal Care • Institutional • Carbon Fiber Brush Emitters __ ._ •Arenas&Stadiums •Manufacturing • Alarm Contacts _ • Banks •Office Building •Casinos • Retail •Child Care •Schools&Universities CARBON FIBER EMITTERS •Convention Centers •Senior Care • Fitness •Transportation • Food Service •Theaters • Healthcare •Worship GPS-DM48-ACTM The world's first automatic self-cleaning, duct mounted, lightweight NPBI electronic air cleaner.The maintenance SELF-CLEANING free unit is designed for indoor or outdoor duct mounting and can handle up to 4,800 CFM or 12 tons. oips-o1A48-A. Features = .... MIN • >400 Million+and—Ions Per cc/sec �. ^^'^ • Universal Voltage Input(24—240 VAC) GRS ,y ... • Programmable Auto-Cleaning Cycle i • Carbon Fiber Brush Emitters J • Alarm Contacts• 3/4 Quick-Turn Duct Adapter 1110P 2016 IAQ GOLD AWARD WINNER j ~ BARS & STRIPS Features • > 140 Million +and Ions Per Inch/cc/sec • • Universal Voltage Selector Switch • Six HV Output Ports • Alarm Contacts • Illuminated On/Off Switch • Plasma on Indication Light • UL 2998 Ozone Free GPS-IMOD® The GPS IMOD is a modular NPB1 { system that is field assembled tm 'any „ 4 vr, ,, length up to 240 inches in 6-inch increments.The _ fiberglass composite and carbon fiber GPS-iMOb can be mounted in corrosive environments. It can treat ~ 50—250 Cali per inch of bar,depending on the application. VALIDATED •ZERO OZONE EMISSNONS- MEASURED OZONE. EMISSIONS FROM GPS IMOD CURING USE PHASE DOES NOT EXCEED 000SPPM AS • SHPD TEUSTED BY J 2998 Y GPS-iRIB® 18/36 The GPS-iRIB is available in 18"and 36"lengths.They are , made from a flexible chemical, heat and cold resistant Perfect For Kapton®material containing a circuit with special carbon •Traditional Split Systems fiber ion emitters soldered into the circuit traces. This • Ductless Mini Splits mechanism is engineered to deliver the highest level of • Heat Pump PTACs ionization with the least amount of energy in the most • Ducted Modules compact size. Designed for 3200 CFM or 8 tons. • Fan Coils N' Features • >35 Million +and - Ions Per Foot/cc/sec -.01111111111111111 • Fold-To-Length Circuit • Local LED Power Indication • Integral Control Relay for BAS Interface •Velcro for Easy Installation • Voltage Input 110VAC to 240VAC GPS-NEMA4-OE The GPS-NEMA4-OE is a NEMA 4X-rated GPS fiberglass enclosure designed to house one GPS-iMOD power supply. The panel adds a superior finished look to any project while providing the required protection against foreign substances,such as water and dust,when At power supplies are mounted in non-NEMA 1 rated environment. R.. COMPA CT NPBI r i t, . IMOA adllIllr,, GPS-FC-1 TM/GPS-FC-2TM GPS-FC-3-BAST m The GPS-FC series is designed to be mounted inside fan coils, The GPS-FC-3-BAS unit is designed to be mounted inside heat pumps, PTACs,ductless mini-splits and air handlers up fan coils, heat pumps, PTACs, ductless mini-splits, and to 1,200 CFM or 3 tons.Their compact size allows them to air handlers up to 3,200 CFM or 8 tons. Its compact be mounted almost anywhere in just a few minutes. size quickly d si pled almost e mounting arequirements allow it to be Features • > 25 Million+and-Ions Per cc/sec Features • GPS-FC-1 Powered by 110- 120 Volts AC • > 170 Million +and-Ions Per cc/sec • GPS FC-2 Powered by 208-240 Volts AC • Powered by 24 Volts AC • Carbon Fiber Brushes • Carbon Fiber Brush Emitters • LED Operation Status • BAS Alarm Contacts • Carbon Fiber Brush Emitters • LED Operation Status SENSORS & MEASUREMENTS ,f: GPS-iMEASURETM GPS-,MEASURE-DTM The GPS-iMEASURE is the first commercially available ion The GPS-iMEASURE-D ion detector '' detector that can be permanently mounted in the space to is permanently mounted in the duct - measure ion levels in real time and report back to a BAS. downstream owntr measures of any levelsyGS inrealn devIt and reports back to a BAS. It includes three = - sensitivity levels: 20,000/200,000/2,000,000 ions/cc/sec that can be set based on the __ application and in-duct location. MONITOR IN-DUCT IONIZATION LEVELS • 20,000 to 2M Ions/cc • Input Voltage 12 to 24V AC or DCLi- • LED Operation Status MONITOR IONIZATION LEVELS REMOTELY • Auto Calibration/Auto Zero • 0-1,000,000 Ions/cc ., l.. GPS-iDETECT-PT M Features The GPS-iDETECT-P is a plenum-mounted ionization detector that confirms the output from the GPS-iMOD. Input •• UnivUni1,00versal Voltage200,0IIons/cc(+or ) The GPS iDETECT P provides the ability to monitor v • 0-100% Humidity ionization status in a plenum to confirm that the =`e`` ionization equipment is working properly. ��"' REDUCING THE SPREAD OF DISEASE Through Better Indoor Air GPS clears the air SENSITIVITY TESTING of particles faster Particulate matter includes pollutants, dust,allmense mold bacteria—and2 viruses.GPS'technology constantly �g. generates a high concentration of positively and negatively charged ions. These ions travel through the air continuously seeking out and attaching ;. _ , to particles.larger by virtue of . combination,they are more easily " captured by the ventilation and filtration 44. systems or become too heavy to remain suspended in the air. A petri dish containing a pathogen is placed underneath a laboratory hood, GPS:Inactivates then monitored to assess the patio- Pathogens gen's reactivity to NPBI over time.This controlled environment allows for When ions come into contact with comparison across different types of pathogens,they steal away hydrogen pathogens. from the pathogens,reducing the infectivity of the virus. GPS is Safe t Tuberculosis Our needlepoint bipolar ionization is Norovirust free and safe to use across CME IN 30 MINUTES GO MINUTES commercial, industrial and residential -CHAMBER buildings.Traditional bipolar ionization RATE OF 93.50/0 ��■0° 0 systems produce harmful ozone as a REDUCTION EMSL byproduct. tSurrogate for Norovirus.aCuatsVifl tested was ATS ,LABS Feline talicivirus,ATCC VR-1V.-sprain F-9 ^• Human Coronavirus?' MRSA TIME IN 60 MINUTES 30 MINUTES CHAMBER RATE OF REDUCTION.90.0°t0 .,...F..,:_,. 96 2% ALG EMSL tt Sunogate for Human Coronavirus SARS-CoV-2, actual strain tested was Human Coronavirus 229E "DISCLAIMER.Global Plasma Solutions(GPS)uses Legionella Staphylococcus multiple data points to formulate per'ormance validation statements GPS technology is used in a TIME IN 30 MINUTES 30 MINUTES wide range of applications across diverse CHAMBER environmental conditions.Since locations will vary ����0 cl ents should ental r o their s when al application RATE OF 99 7% and environmental rothe ns ^then making an REDUCTION . EMSL assessment regarding the technology's potential benefits The use of this technology is not intended to take the place of reasonable precautions to prevent the Clostridium Difficile E•COI� transmission of pathogens.It is important to comply with all applicable public heath laws and guidelines 1 5 MINUTES issued by federal,state,and local governments and TIME IN 30 MINUTES health authorities as well as official guidance CHAMBER published by the Centers for Disease Control and RATE OF 86 80/, 99.6% Prevent on(CDC) REDUCTION (https tlwww�.cdc yov/coronavrus(2019-ncov/prevent • EMSL getting-sick prevention Mini),including but not limited to social distancing,hand hyq ene cough • etiquette,and the use of face masks, GPS PRODUCT CHART AUTO-CLEANING LINE VOLTAGE CFM RATING IONS/cdsec GPS-FC24-AC 24-240 VAC 2,400 >300 million GPS-FC48-AC 24-240 VAC 4,800 >400 million GPS-DM48-AC 24-240 VAC 4,800 >400 million COMPACT LINE VOLTAGE CFM RATING IONS/cdsec GPS-FC-1 110-120 VAC 1,200 >25 million GPS-FC-2 208-240 VAC 1,200 >25 million GPS-FC-3-BAS 24 VAC 3,200 >170 million BARS&STRIPS LINE VOLTAGE CFM RATING IONS/cc/sec GPS-IMOD 24-240 VAC 50-250 CFM/inch > 140 million/in GPS-iRIB-18 110-240 VAC 3,200 >35 million/ft GPS-iRIB-36 110-240 VAC 3,200 >35 million/ft ta 1 GPS FACT: Aviation Application GPS'technology is the only active air purification system that has been designed and approved to operate in commercial and private aircraft.Aviation applications require `a ; passing the stringent RTCA DO-160 test proving the technology does not generate EMF, line noise or interfere with the avionics in any way. This is important to note because GPS' technology is used in many healthcare applications and will not cause k interference with the imaging equipment. sEL RTCA DO-160 r 112._0 c • GLOBAL PLASMA SOLUTIONS Engineering Air for a Cleaner World- 980-279-5622 orld-980-279-5622 www.GlobalPlasmaSolutions.com All technical information and advice given here are based on GPS previous experiences and/or test results.GPS ggi ns this infonctfermatiperfo n to thece best the of pits know t al e edog e ly be but assumes no legal responsibility.Customers are asked to check the judged when all necusability ssary operating data are available.The above information is subject to change. ©2019 Global Plasma Solutions,Inc GPS,GPS-iMOD,GPS-iR/8,Global Plasma Solutions and its logos are registered trademarks of Global Plasma Solutions,Inc. GPS-FC24-AC,GPS-FC48-AC,GPS-DM48-AC,GPS-FC,GPS-NEMA4-OE,GPS-iMEASURE,GPS-iMEASURE-D,GPS-,DETECT-P are trademarks of Global Plasma Solutions,Inc. .441E14 Protecting Worker Health Reopening: Guidance for Guidance Document 11, Pik Version 3 May 26, 2020 Guidance Document Reopening: Guidance for General Office Settings • Should I run my HVAC system for a specific time Overview period prior to reopening? Companies across all industries and sectors have How should I investigate odors? been affected to some extent during the COVID-19 •pandemic. Many were deemed "non-essential" in • Should I wait after disinfecting before reopening? the United States (U.S.) by state and federal govern- Several measures can be taken to address COVID-19 ments, resulting in employers halting operations and and IEQ concerns before the workplace is ful- closing workplaces. The reopening of office work- ly reopened. Common approaches to addressing places should be conducted in a thorough manner COVID-19 concerns also have the capacity to ad- accounting for several factors before employees are dress IEQ concerns. In addition, IEQ concerns might allowed to return. Employers in office settings should also develop as operations resume. Therefore, pre- not only address preparing the workplace for oper- ventative measures can be implemented to address ations to occur during a pandemic (e.g., enhanced issues that may arise from increased cleaning activi- disinfection measures), but also the indoor environ- ties to address COVID-19 concerns. Lastly, all of this mental quality(IEQ) of the workspace.For such busi- can be completed in a manner that allows for critical nesses with indoor workplaces, IEQ is a concern for operations to be performed and reduce the risk of buildings that have been unoccupied and/or dormant transmitting COVID-19 in the workplace. for extended periods. Employers should also consid- er the comfort of employees as they return to work This document offers practical guidance for employer because they may be in a heightened state of con- and employee led actions and in an office setting. It cern. Putting in place thoughtful measures to ensure aims to address the key questions above by provid- employees are well-positioned to transition back to ing tips for 1) workplace preparation, 2) workforce work with minimal disruption is important. management and 3) employee readiness. With restrictions beginning to lift, employers are challenged with difficult questions pertaining to WORKPLACE: What he tare theirfacility for hould an preparing the office to reduce the risk of COVID-19 Employe prepare transmission during operations and addressing IEQ reopening? concerns before reopening, such as: Employers should continually monitor international • How can I prepare my employees for the height- (World Health Organization), national (U.S. Centers ened policy and guidelines now in place? for Disease Control and Prevention),state,and local n- • How can I help alleviate stress and concern for em- 9 ingd triategies,and other best management practic- es. ract ines or changes in recommendations, c ployees while at work? - es. For example, general guidelines regarding best . What should I do to ensure that I am reducing the practices for specific industries, worker hygiene, risk of transmission in common areas? cleaning and disinfection, physical distancing, and • How do I address items frequently used by em- employee wellness should be reviewed and ad- ployees (e.g.,vending machines,coffee makers, ice dressed. Changes to best practices may have an machines, etc.)? impact on IEQ (e.g., changes in cleaning practic- • Should I inspect the entire workplace before re- es may lead to increased chemical emissions, re- opening? suiting in a need for ventilation modifications). In ✓ AIHA Protecting Worker Henith AIHA i 3141 Fairview Park Dr.,Suite 777 i Falls Church,VA 22042 1 aiha.org ©aiha 2020 DISCLAIMER:These are meant to be general snandfederal to help and re-open your establishment. Page 2 of 11 Always follow local, Guidance Document Reopening: Guidance for General Office Settings addition to best practices, companies should con- • Consider using signage to deter use of such ame- sider a re-occupancy plan that includes a detailed nities. response plan describing the actions to be taken • If vending machines are used, provide and require if someone becomes ill with symptoms consistent cleaning and disinfectants to wipe down after each with COVID-19 while at work. use. Employers should also consider developing a team of - Reduce tasks requiring large amounts of people to be in one area. Design work to reduce or professionals to monitor,assess,and implement new inate trade stacking in the same area. elim- COVID-19 transmission risk mitigation strategies as they become available and consider how they relate • Employees should be encouraged to use virtual to IEQ. Aspects to reopening an office that should be meeting tools, including phone and virtual telecon- emphasized during the pandemic include:workplace ference, in lieu of in-person meetings, whenever configuration, conference rooms, lobby and common possible. areas, kitchens, ventilation, and enhanced cleaning • If in-person meetings are essential, consider lirn- practices. All of these aspects, regardless of work- iting meetings to 10 people or less depending on place sector or size, should be considered to ensure local, state, and federal guidelines. both worker safety and comfort when returning to Conference Rooms work during a stressful time. • Conference rooms that are used should be disin- General Office Space Configuration fected on a daily basis at minimum. • Prior to re-occupancy, perform a detailed review of - Disinfectant wipes or spray should be left in each the configuration of your workspaces: conference room and employees should be en- couraged to wipe down all surfaces and equip- - Consider eliminating reception seating areas and ment (e.g., mouse, keyboard, phone) touched requesting that guests phone ahead or install a during conference room meetings. plastic partition at the reception area. • Consider limiting in-person meetings to 10 people - Review floorplans and remove or reconfigure or less, if virtual meetings are not feasible. seats, furniture and workstations as needed to preserve recommended physical distancing in • If meetings are to occur in person, they should be accordance with guidelines. conducted in a quick manner. - Reconfigure workstations so that employees do - Lingering and socializing before and after meet- not face each other, or establish partitions if fac- ings should be discouraged. ing each other cannot be avoided. Lobby and Common Areas -Temporarily replace amenities that are handled • Common areas (e.g., lobby, security check-in) with high contact frequency, such as water cool- should be cleaned and disinfected on a daily basis ers, coffee makers, and bulk snacks and replace at minimum. them with alternatives. Examples include:touch- • Regulate the use of common areas with clear sig- less sensor water dispensers; requesting work- nage (including maximum occupancy) and physi- ers bring in their own water bottles/coffee mugs; cal distancing measures in accordance with public providing individually wrapped snacks. health rules and guidelines. 74'AIHA Protecting Worker Health AIHA 13141 Fairview Park Dr.,Suite 777 I Falls Church,VA 22042 I aiha.org ©aiha 2020 DISCLAIMER:These are meant to be general guidelines to help you re-open your establishment. Page 3 of 11 Always follow local, state and federal laws and guidelines. Guidance Document Reopening: Guidance for General Office Settings - Provide cleaning supplies for employees to utilize - Ice machines that require a handheld scoop before/after they use common spaces and con- should not be used, as it is difficult to control po- tact surfaces. tential contamination in this case. - Encourage staff not to linger or socialize in com- - Water/beverage faucets that require workers to mon areas. operate them with their hands should also be - If physical distancing is not possible, then parti- disinfected three times per day. tions can be placed between desks. - If silverware and dishes cannot be kept clean and • Disinfect all surfaces and commonly touched covered, disposable options are recommended. equipment (e.g., check-in tablets). • Congregating in kitchen areas should be discour- • Employers and employees should not provide com- aged. munal meals to employees, and should not make Cafeterias food available in common areas where employees • Consider reducing occupant capacity during peak may congregate. times, or stagger breakfast/lunch or dinner sched- • In buildings that offer cafeteria-style service or ules when practical. food courts, several protective measures should • Consider pick-up only when crowding cannot be be implemented. Examples include: reduced ca- managed or as an alternative to those who want pacity, staggered lunch schedules, pick-up only, to limit their time in the space. removal of self-serve food items and dinnerware/ drinkware, physical distancing, physical barriers, • Remove self serve food items. Remove hot and limiting the number of people who can sit together, cold food bars with open food items and commu enhanced disinfection and sanitization,and touch- nal serving stations. less payment options. • Remove dinnerware/drinkware from communal • At minimum, kitchen areas should be cleaned and spaces and only issue as needed. disinfected on a daily basis. • Replace communal condiments with single serv- • Kitchen equipment should also be cleaned on a ing, individually wrapped items. routine basis: • Implement physical distancing by spacing out any Coffee machines, refrigerator handles, and the queues, only allowing seating at every other ta- - ice machine handles should be disinfected at ble, or expanding the dining area to include more least three times per day. space. - The outside of dishwashers should be cleaned at • Consider implementing physical barriers in be- the beginning and end of each shift. tween seating. - All silverware and dinnerware should be cleaned • Limit the number of people who can sit together. in the dishwasher. This helps ensure thorough • Implement enhanced disinfection and sanitization cleaning and disinfection. measures both in the kitchen and dining areas. - Silverware should be stored in a way so that ad- • Consider adding touchless payment options and jacent silverware is not easily touched when a pre-ordering of food items. worker is retrieving a piece. .<4?-AIHA Protecting Worker Health AIHA 3141 Fairview Park Dr., Suite 777 Falls Church,VA 22042 aiha.org ©aiha 2020 DISCLAIMER:These are meant to be general guidelines to help you re-open your establishment. Page 4 of 11 Always follow local,state and federal laws and guidelines. Guidance Document Reopening: Guidance for General Office Settings • Require gloves for all back of house (BOH) staff Ventilation and ensure the gloves are changed per current in- • Ensure there is an adequate flow of fresh air to dustry standards. workspaces and optimize the ventilation system • Although not necessary if hand-washing protocols settings. Some ways to do this are: are rigorously followed, consider providing gloves - Maximize fresh air through your ventilation sys- to servers. tern. - If they are worn,they must be changed regularly - Ensure restroom is under negative pressure. and are not a substitution for handwashing. - Ensure that the proper filtration is being used for • Require face coverings for BOH staff - type de- not only normal office use but also what is rec- pends on local requirements and availability. ommended to control SARS-CoV-2 transmission. • Provide or encourage all other employees to wear - Clean and disinfect all HVAC intakes and returns face coverings and gloves, and to use hand sani- daily. tizer. (NOTE: Homemade face coverings primarily - Consider seeking an HVAC professional and see protect others not yourself). ASHRAE updates for more information. NOTE: If an employer chooses to provide an N95 - If fans such as pedestal, desk or hard mounted respirator, please fully consider all the potential fans are used, take steps to minimize air from OSHA requirements. fans blowing from one person directly to anoth- er.Restrooms NOTE: A desk fan is capable of creating an airflow which can still have an effect on smaller • Doors to multi-stall restrooms should be able to be droplets. While the droplets might not spread opened and closed without touching handles if at as far via a desk fan, depending on the office all possible. configuration and fan direction, they can still - Place a trash can by the door if the door cannot spread to nearby individuals. be opened without touching the handle. - If fans are disabled or removed,employers should • For single restrooms, provide signage and mate- remain aware of, and take steps to prevent, heat rials (paper towels and trash cans) for individuals hazards. to use without touching the handles, and consider Enhanced Cleaning Practices providing a key so disinfection measures can be • Select appropriate disinfectants - consider effec- better controlled. tiveness and safety. • Place signs indicating that toilet lids (if present) - The U.S. Environmental Protection Agency (EPA) should be closed before flushing. has developed a list of products that meet EPA's • Place signs asking employees to wash hands be- criteria for use against SARS-CoV-2. fore and after using the restroom. - Review product labels and Safety Data Sheets • Provide paper towels in restrooms and disconnect and follow manufacturer specifications. or tape-off hand air dryers. - Consider consulting industrial hygiene experts if • Double efforts to keep bathrooms clean and prop- additional advice is needed. erly disinfected. • Establish a disinfection routine. AIHA Protecting Worker Health AIHA 13141 Fairview Park Dr.,Suite 777 j Falls Church,VA 22042 I aiha.org ©aiha 2020 DISCLAIMER:These are meant to be general guidelines to help you re-open your establishment. Page 5 of 11 Always follow local,state and federal laws and guidelines. Guidance Document Reopening: Guidance for General Office Settings - Ensure disinfection protocols follow product in- office settings, IEQ issues are also an also discussed structions for application and contact time. below. - All contact surfaces should be disinfected regu- Common IEQ issues include: larly, including: • Water damage > Individual workspaces between each shift. • Odors >Common area contact surfaces between each • Pests and rodents use. Examples of commonly touched surfaces • Irritation from cleaners and disinfectants in office settings include: o Door handles • Employees feeling ill while at work o Elevator buttons • Ensuring proper ventilation during the pandemic o Bathroom surfaces • Varying pressures across workplace o Kitchen appliances and surfaces • Humidity and temperature at an uncomfortable o Sign-in areas setting Temperature and Humidity o Common office electronics (e.g., phone, re that temperature and printer, keyboard, mouse, and personal • range that are comfortable for m s humidity Some devices) - Use disposable products when possible. ways to do this are: - If reusable products are used, ensure that these - Maintain temperature at 68.5-75°F in the winter, and from 75-80.5°F in the summer. products are maintained, handled and cleaned per product instructions. - Inspect windows and doors prior to reopening to - Consider using a checklist or audit system to ensure that leaks are not present track when and how cleaning is conducted. - Maintain relative humidity at 40-60%. • Remove items and personal effects from surfaces - Ensure there is no standing water in the workplace. to facilitate surface cleaning. Odors - Request that occupants remove items from desks • If odors are present prior to reopening,then facility and other surfaces before leaving work each day. management or a consultant should be contacted - Identify items with likely surface contact that are before investigating. difficult to clean and remove or replace with al- • If odors are noticed in a workplace where chemi- ternatives. cals are stored, then a safety professional should Indoor Environmental Quality (IEQ) Considerations be consulted. Employers and business owners may find that they • Common sources of odors can be due to: are having to deal with IEQ issues because work- _ P-traps in plumbing system places have not been occupied or maintained in re- Carpet and furnishing off gassing sponse to stay-at-home orders.AIHA has previously developed guidance for COVID-19-related building - Garbage/trash closures. As a major factor in employee comfort in (COAIHA Protecting Worker Health AIHA 13141 Fairview Park Dr.,Suite 777 l Falls Church,VA 22042 aiha.org ©aiha 2020 DISCLAIMER:These are meant to be general guidelines to help you re-open your establishment. Page 6 of 11 Always follow local,state and federal laws and guidelines. Guidance Document Reopening: Guidance for General Office Settings - Rodents and pests Waste - Water intrusion • Outdoor and indoor waste areas should be in- spected to ensure that waste was removed prior - Refrigerator malfunction and drip pans to shut down and quarantine measures were im- - Unattended plants plemented. - Spoiled foods • If waste remained in or around the workplace Water Damage during shutdown, then rodents, pests, and oppor- tunistic microbes may be present. • During workplace inspections, employers should ensure that water damage or standing water is not - Facilities management or a consultant should be present. Signs of water damage include: notified to clean up infested waste while wearing the appropriate Personal Protective Equipment - Stained ceiling tile (PPE). - Bubbling paint • If odors produced from waste are present,then it is - Carpet damage recommended to either adjust ventilation accord- - Buckled floor ingly or open window and doors. • Water damage can lead to mold growth that can • Employers should be aware the waste pickup contribute to adverse health effects if employees schedules uthe pay de altered, ic esd, delayed, or rescheduled are exposed. during nse. • If water damage is discovered, facilities manage- • Employers are discouraged from attempting to ment or a consultant should be contacted. "cover up" odors using products that produce a • If standing water is located, then water should be fragrance as employees may have an adverse re- action upon exposure. drained in a safe manner as soon as possible. HVAC Maintenance - If the source of water is not obvious or located in a hazardous area,then facilities management or • Specific PPE for HVAC professionals and techni- a consultant should be contacted. cians depends on the exact task they are perform- ing. HVAC professionals can be exposed to electri- • Areas where water intrusion may occur: cal hazards, chemical hazards, biological hazards, - Behind sinks various respiratory risks, confined spaces, use of - Refrigerators machine power tools, and general maintenance work.It is important to perform a Job Hazard Anal- - Ice machines ysis prior to beginning the task. -Vending machines • It is recommended that all maintenance workers - Centralized plumbing rooms working on ventilation systems wear a Tyvek jump- -Toilets suit (possibly with hood), eye protection (safety glasses or goggles),gloves,and an N95 respirator. - Water fountains • Workers should be properly trained on all hazards - Windows and doors associated with their tasks. They should be shown - Crawlspaces how to put on and take off suits and respirators :r. AIHA Protecting Worker Health AIHA 13141 Fairview Park Dr.,Suite 777 I Falls Church,VA 22042 I aiha.org ©aiha 2020 DISCLAIMER:These are meant to be general guidelines to help you re-open your establishment. Page 7 of 11 Always follow local,state and federal laws and guidelines. Guidance Document Reopening: Guidance for General Office Settings without cross-contaminating themselves. They • Communicate that employers may limit office hours should be trained on cleaning and disinfecting pro- and close-off or prohibit public access if needed. tocols, as well as general HVAC training prior to • Employers should explore work-from-home op- starting any tasks. tions, staggering work shift/hours, and other flexi- • Additional resources for consideration: ble approaches for employees. - National Air Duct Cleaners Associations (NA- • If the workplace is located in a multi-tenant loca- DCA) provides HVAC cleaning system service tion, consider establishing a communication path- guidance. OSHA provides Legionella control and way with other tenants to inform of confirmed prevention guidance as well as guidance on mold COVID-19 cases present in the building. in the workplace. -Tenants should also communicate IEQ concerns - For Legionella, OSHA provides PPE recommen- and response with one another to ensure all sys- dations for routine maintenance, cleaning, and tems are in agreement and balanced (e.g., HVAC disinfection of HVAC systems. OSHA provides a systems se adjusting b ng sharede the syby multiple ltioplee area may guide to mold in the workplace. have negative effects in another area). yees WORKFORCE: What should an • coa Id nclude emai s texts,communicating automatwith ed phoned cells, Employer do to prepare their texts, websites, and signage. employees for reopening? Training During the reopening process, employers should also • Employers should notify employees of new consider how they will prepare their workforce. As- work- pects such as communication,training,and employee place policies and changes prior to reopening and comfort are important to have in mind during devel- upon resuming operations. opment of the reopening plan to address employee. • Train employees on new or modified working schedules, how they can stay up to date on new Communication scheduling requirements, and how to make re- • Adopt a communication policy that emphasizes quests for schedule changes if a need arises. transparency that is customized to your organiza- • Employees should receive,at minimum,awareness tion. training on cleaning and disinfection products used - Communicate to employees what is being done in the workplace following OSHA Hazard Commu- to mitigate the spread of COVID-19 (e.g., dis- nication Standards. For employees who will use infection routine, health policies for staff, and disinfectants and cleaners,training should also in- health &safety measures in place). elude proper use, PPE, disposal and all precaution- - Establish formal and informal routes of communi- ary measures cation for employees to express concerns, ques- • Health checks and reporting requirements of in- tions,comments,and feedback as it relates to IEQ. dividuals infected with COVID-19 should be ex- - Ensure that supplemental information on clean- plained to employees prior to reopening and again ing and disinfectant products are included in or- once operations have resumed ganization's hazard communication (HAZCOM) - Employees should evaluate their health con- training. stantly; if they are sick, have a fever, symptoms, ✓= AIHA Protecting Worker Health AIHA 13141 Fairview Park Dr.,Suite 777 I Falls Church,VA 22042 I aiha.org ©aiha 2020 DISCLAIMER:These are meant to be general guidelines to help you re-open your establishment. Page 8 of 11 Always follow local,state and federal laws and guidelines. Guidance Document Reopening: Guidance for General Office Settings or someone at home is sick then they should re- dressed (see Communication section above). main home. NOTE: Employer HR Policies, HIPAA • Ensure all protective measures and supplies are guidelines and other laws should be followed available prior to occupancy (e.g.,demarcate floors at all times. that have access to the public,rearrange office lay- etween ro- • At minimum, employees shouldwash their1r fade or nds �de adequate hand wasut to increase distance hing/hand sanoyees,itizer t zer sup- upon arrival to work, after touching etc.).or any common contact surfaces, and when plies, leaving work. - Employee awareness of preparation measures to the • If employees get the urge to sneeze or cough,i hey amployeees can experience in theyworkplacemfort should cover their nose, mouth, and mask towel or handkerchief. • Employees should wash their hands and face thor- EMPLOYEES: Whatshould k to the office?Employee oughly immediately after. do to prepare togo • Other Control Measures • Ask employers of new workplace policies, training - If 6 ft physical distance cannot be maintained and other changes related to all of the above topics. or in accordance with any local, state or feder- • Evaluate your health constantly; if you are sick, al guidelines, provide or encourage employees to have a fever, symptoms, or someone at home is wear face coverings,gloves, shoe covers and use sick then you should remain home. NOTE: Employ- hand sanitizer. (NOTE: Homemade face cover- er HR Policies, HIPAA guidelines and other laws ings primarily protect others not yourself). should be followed at all times. NOTE: If an employer chooses to provide an • At minimum, you should wash your hands upon N95 respirator, please fully consider all the po- arrival to work, after touching your face or face tential OSHA requirements. covering, any common contact surfaces and when Employee Comfort leaving work. • Prior to reopening, consider flexible work sched- - If you get the urge to sneeze or cough,you should ules, work from home options, and anticipate a cover your nose, mouth, and mask with a towel hesitant and potentially uncomfortable workforce. or handkerchief. • Ensure that the workspace is welcoming and -You should wash your hands and face thorough- well-prepared for employee occupancy. ly immediately after sneezing or coughing. • All aspects described above should be addressed • Other Control Measures prior to reopening and on a routine basis after the - At all times, wear a face covering or something returning to work. better if you have it. • Ensuring employee comfort helps instill confidence - Let your employer know if you have concerns in management and employer during a stressful about the PPE that may be provided to you and time. that you are properly instructed on how to use it. • Management and leadership are encouraged to • If you are using the office cafeteria, please continuously check-in with employees to ensure consider: that all concerns are heard, understood, and ad- a; AIHA Protecting Worker Health AIHA 1 3141 Fairview Park Dr.,Suite 777 Falls Church,VA 22042 I aiha.org ©aiha 2020 DISCLAIMER:These are meant to be general guidelines to help you re-open your establishment. Page 9 of 11 Always follow local,state and federal laws and guidelines. Guidance Document Reopening: Guidance for General Office Settings - Use take-out/pick-up services where you can. Resources - Wear a face covering as you enter and leave the • Building Owners & Managers Association Interna- building. tional (BOMA). - Wash your hands before and after you leave • EPA has developed a list of disinfectants for use the cafeteria if possible. If not, use hand sanitiz- against SARS-CoV-2. er when you sit down and before you leave the • ASHRAE has a list of COVID-19 resources for ad- building. dressing HVAC challenges in workplaces during - Maintain a distance of at least 6 feet from other the pandemic. customers and employees when waiting for a ta- • OSHA provides resources discussing IAQ and re- ble and when walking throughout the cafeteria fated topics for workplaces. to the extent possible. • NIOSH provides a centralized resource for discus- - Attempt to delay the urge to sneeze or cough if sions around IEQ in the workplace. possible; carry a disposable towel or handker- chief towel, so if you get the urge to sneeze or • AIHA's Indoor Environmental Quality Committee cough, cover your nose, mouth and mask with it developed these guidance documents about re- and then, attempt to delay the urge to sneeze or opening and cleaning buildings after closures due cough, immediately leave the premises to wash to COVID-19: Recovering from COVID-19 Building your hands and face thoroughly before seating Closures and Workplace Cleaning for COVID-19. back down. 4AAIHA Protecting Worker Health AIHA 13141 Fairview Park Dr.,Suite 777 I Falls Church,VA 22042 aiha.org ©aiha 2020 DISCLAIMER:These are meant to be general guidelines to help you re-open your establishment. Page 10 of 11 Always follow local, state and federal laws and guidelines. Guidance Document Reopening: Guidance for General Office Settings AIHA® the science of anticipating, recognizing, evaluating, and controlling workplace conditions that may cause Founded in 1939, the American Industrial Hygiene workers' injury or illness. Through a continuous im- Association® (AIHA®) is one of the largest interna- provement cycle of planning, doing, checking and tional associations serving the needs of industrial/ acting,OHS professionals make sure workplaces are occupational hygiene professionals practicing in healthy and safe. industry, government, labor, academic institutions, and independent organizations. For more informa- Get additional resources at AIHA's tion,visit www.AlHA.org Coronavirus Outbreak Resource Center. About Occupational Health and Safety Professionals Find a qualified industrial hygiene and OEHS profes- sionals near you in our Consultants Listing. Occupational health and safety (OHS) profession- als (also known as industrial hygienists) practice I ❑ tir: El1' backtoworksafely.org ♦• %• Periodically scan this QR Code to check if any ~i new versions of AIHA's guidance documents El •r have been posted, as well as to find guidance r documents for other businesses and industries. . *AIHA Protecting Worker Health AIHA 13141 Fairview Park Dr.,Suite 777 l Falls Church,VA 22042 1 aiha.org ©aiha 2020 DISCLAIMER:These are meant to be general guidelines to help you re-open your establishment. Page 11 of 11 Always follow local,state and federal laws and guidelines. NON-FORMALLY BID PUBLIC WORKS CONTRACT NO. 20-23 Needlepoint Bipolar Ionization Equipment THIS CONTRACT is entered into between the City of Auburn,a Washington Municipal Corporation("City"), and Macdonald-Miller Facility Solutions("Contractor"),whose mailing address is 2801 Pacific Avenue Tacoma, WA 98402. RECITALS: 1. The City is in need of construction contracting services to complete the public work as described in this Contract. 2. Contractor is qualified to perform the construction contracting services described in the Scope of Work. 3. The City wishes to engage Contractor for the performances of these construction contracting services. 4. This contract was not formally bid because(check one) ❑ LIMITED PUBLIC WORKS CONTRACT: Engineer's Estimate<$50,000.00 and this contract was awarded using the Limited Public Works process as described in RCW 39.04.155. ❑ SMALL PUBLIC WORKS CONTRACT(SINGLE TRADE WORK): Engineer's Estimate<$75,500.00 n SMALL PUBLIC WORKS CONTRACT(MULTIPLE TRADE WORK): Engineer's Estimate<$116,155.00 ® EMERGENCY PUBLIC WORKS CONTRACT: Per RCW 39.04.280,this work is exempt from competitive bidding requirements because the work is considered an emergency,meaning unforeseen circumstances beyond the control of the City either: (a)Present a real,immediate threat to the proper performance of essential functions; or(b)will likely result in material loss or damage to property,bodily injury,or loss of life if immediate action is not taken. ❑ COOPERATIVE PURCHASING AGREEMENT: This contract is being let under(cooperative contract No. X)between(agency)and(contractor) in accordance with RCW 39.34(Interlocal Cooperation Act). n Other . ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-23 September 9,2020 Page 1 of 14 AGREEMENT 1) CONTRACTOR SERVICES The Contractor shall do all work and furnish all tools,materials and equipment for the construction of Contract No. 20-23 Needlepoint Bipolar Ionization Equipment in accordance with this Contract form. Scope of work is as follows: See Exhibit A, which is attached hereto and by this reference made a part of this contract. The complete Contract includes the following parts,which are by this reference incorporated herein and made a part hereof Any inconsistency in the parts of the Contract shall be resolved by the order in which they are listed: A. Non-Formally Bid Public Works Contract(this form) B. Construction Work Quote Form C. Exhibit A: Scope of Work D. City of Auburn Construction Standards E. City of Auburn Design Standards F. Exhibit B: Required Contract Provisions for Federal Aid Construction Contracts. G. Exhibit C: Federal and Washington State Department of Labor& Industries Prevailing Wage Rates and Benefit Key Code. H. On the Contract plans,working drawings, and standard plans, figured dimensions shall take precedence over scaled dimensions. I. In case of any ambiguity or dispute over interpreting the Contract,the City Engineer's decision will be final. 2) CITY OF AUBURN BUSINESS LICENSE The Contractor, subcontractors, and lower tier subcontractors, shall have an active City of Auburn business license. 3) NOTICE TO PROCEED A Notice to Proceed will be issued once the Contract has been fully executed by the Contractor and City, and all insurance and licensing requirements as set forth in the contract have been met. The Notice to Proceed Date shall be either the date the Contractor commenced contract work or the date the contract has been fully executed by the Contractor and City and all insurance and licensing requirements as set forth in the contract have been met, whichever occurs first. ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-23 September 9,2020 Page 2 of 14 4) TIME OF COMPLETION The Contractor shall complete all work before October 31, 2020. 5) LIQUIDATED DAMAGES (CHECK ONE) ® Liquidated damages shall not apply to this contract. ❑ Liquidated damages shall apply to this contract as follows: If said work is not completed within the time specified,the Contractor agrees to pay liquidated damages to the City as follows: A. To pay(according to the following formula)liquidated damages for each working day beyond the number of working days established for physical completion,and B. To authorize the Engineer to deduct these liquidated damages from any money due or coming due to the Contractor. C. Liquidated damages will not be assessed for any days for which an extension of time is granted. No deduction or payment of liquidated damages will, in any degree, release the Contractor from further obligations and liabilities to complete the entire Contract. Formula: Contract Price(without tax)x 0.15,divided by the original number of working days for completion. 6) HOURS OF WORK Allowed hours of work are as a specified in the City of Auburn Construction Standards, Part 1, Section 1-08.0(2)(Hours of Work),which by reference is incorporated is a part of this contract. 7) COMPENSATION The Contractor shall do all work and furnish all tools, materials, and equipment for the work and services contemplated in this Contract for compensation as follows: (Check One) ® Lump Sum Amount ❑ Unit Bid Prices as listed in the Construction Work Quote Form n Not to Exceed Amount,paid per the Force Account method as described in Section 1- 09.6 of the current WSDOT Standard Specifications for Road, Bridge and Municipal Construction ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-23 September 9,2020 Page 3 of 14 The Lump Sum Amount, as specified above is one hundred seventy-eight thousand,three hundred ninety-three dollars($178,393.00)and Washington State Sales Tax of seventeen thousand,eight hundred thirty-nine dollars and thirty cents($17,839.30)for a total of one hundred ninety-six thousand,two hundred thirty-two dollars and thirty cents($196,232.30.) This project is subject to use tax,which shall be included in the lump sum compensation amount listed herein. The City's sales tax area is 1702 for work within King County and 2724 for work within Pierce County. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form, for the Contractor and each and every Subcontractor,has been approved by the State Department of Labor& Industries, and is received by the City. A. Performance Bond ❑ This is a Limited Public Works Contract AND the City has waived Performance Bond requirements. ® The Contractor shall furnish the City with an executed performance bond for the full Contract amount, unless the contact amount is $150,000.00 or less and the Contractor has elected to have 10%retainage held by the City, in which case a performance bond is not required for this project. B. Retainage(check one) ❑ This is a Limited Public Works Contract AND the City has waived retainage requirements. ❑ This contract is$150,000.00 or less,therefore,the following applies: The Contractor may elect to furnish a performance bond, in which case the City shall hold back retainage in the amount of 5%of any and all payments made to the Contractor, OR have the City retain, in lieu of the performance bond, 10%of the total Contract amount,pursuant to RCW 39.08.010. The Contractor shall execute a "Declaration of Option for Performance Bond or Additional Retainage"to indicate his/her option. If furnishing a performance bond,the Contractor can choose to have the retainage held by the City in a non-interest bearing account, have it placed in an Escrow(interest bearing)Account, or submit a bond in lieu of retainage. Said retainage shall be held by the City for a period of 30 days after the Completion Date, or until receipt of all necessary releases from the State Department of Revenue and State Employment Security Department, including Affidavits of Wages paid for the Contractor and each and every subcontractor,and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-23 September 9,2020 Page 4 of 14 El This contract is over, $150,000.00,therefore,the following applies: The City shall hold back retainage in the amount of 5%of any and all payments made to the Contractor pursuant to RCW 39.08.010. The Contractor can choose to have the retainage held by the City in a non-interest bearing account,have it placed in an Escrow(interest bearing)Account,or submit a bond in lieu of retainage. Said retainage shall be held by the City for a period of 30 days after the Completion Date, or until receipt of all necessary releases from the State Department of Revenue and State Employment Security Department, including Affidavits of Wages paid for the Contractor and each and every subcontractor,and until settlement of any liens filed under Chapter 60.28 RCW,whichever is later. C. Defective or Unauthorized Work The City reserves its right to withhold payment from the Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Contract; and extra work and materials furnished without the City's written approval. If the Contractor is unable, for any reason,to satisfactorily complete any portion of the work,the City may complete the work by contract or otherwise,and the Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any additional costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims The submittal of the Final Invoice by the Contractor shall constitute a waiver of claims, except those previously and properly made and identified by the Contractor as unsettled at the time Final Invoice is submitted by the Contractor. 8) INDEPENDENT CONTRACTOR The parties intend that an Independent Contractor-Employer Relationship will be created by this Contract,the City being interested only in the results obtained under this Contract. 9) SUBCONTRACTING Work done by the Contractor's own organization shall account for at least 30 percent of the awarded Contract price. Before computing this percentage however,the Contractor may subtract (from the awarded Contract price)the costs of any subcontracted work on items the Contract designates as specialty items. ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-23 September 9,2020 Page 5 of 14 The Contractor shall not subcontract work unless the City approves in writing. Each request to subcontract shall be on the form the City provides. If the City requests,the Contractor shall provide proof that the subcontractor has the experience,ability,and equipment the work requires. The Contractor shall require each subcontractor to comply with RCW 39.12(Prevailing Wages on Public Works)and to furnish all certificates and statements required by the Contract. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form, for the Contractor and each and every subcontractor, has been approved by the State Department of Labor & Industries,and is received by the City. Along with the request to sublet,the Contractor shall submit the names of any contracting firms the subcontractor proposes to use as lower tier subcontractors. Collectively,these lower tier subcontractors shall not do work that exceeds 25 percent of the total amount subcontracted to a subcontractor. When a subcontractor is responsible for construction of a specific structure or structures,the following work may be performed by lower tier subcontractors without being subject to the 25 percent limitation: A. Furnishing and driving of piling,or B. Furnishing and installing concrete reinforcing and post-tensioning steel. Except for the 25 percent limit, lower tier subcontractors shall meet the same requirements as subcontractors. The City will approve the request only if satisfied with the proposed subcontractor's record, equipment,experience and ability. Approval to subcontract shall not: 1. Relieve the Contractor of any responsibility to carry out the Contract. 2. Relieve the Contractor of any obligations or liability under the Contract and the Contractor's bond. 3. Create any contract between the City and the subcontractor,or 4. Convey to the subcontractor any rights against the City. The City will not consider as subcontracting: (1)purchase of sand,gravel, crushed stone, crushed slag, batched concrete aggregates, ready mix concrete, off-site fabricated structural steel, other off-site fabricated items,and any other materials supplied by established and recognized commercial plants; or(2)delivery of these materials to the work site in vehicles owned or operated by such plants or by recognized independent or commercial hauling companies. However,the Washington State Department of Labor and Industries may determine that RCW 39.12 applies to the employees of such firms identified in A and B above in accordance with WAC 296-127. ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-23 September 9,2020 Page 6 of 14 If dissatisfied with any part of the subcontracted work,the City may request in writing that the subcontractor be removed. The Contractor shall comply with this request at once and shall not employ the subcontractor for any further work under the Contract. This section does not create a contractual relationship between the City and any subcontractor. Also, it is not intended to bestow upon any subcontractor,the status of a third-party beneficiary to the Contract between the City and the Contractor. 10)TERMINATION In the event that the Auburn City Council fails to find that a continuing emergency exists necessitating waiver of the competitive bidding requirements,the City may terminate this Contract three days after written notice to Contractor. If this Contract is terminated on this basis,and the Contractor is not in default,the City shall compensate the Contractor for work performed prior to termination. Additionally,the City may terminate this Contract for good cause. "Good cause" shall include, without limitation,any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly-skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Contract. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. After all the work contemplated by the Contract has been completed either by the Surety or the City,the City will calculate the total expenses and damages for the completed work. If the total expenses and damages are less than any unpaid balance due the Contractor,the excess will be paid by the City to the Contractor. If the total expenses and damages exceed the unpaid balance,the Contractor and the Surety shall be jointly and severally liable to,and shall pay the difference to,the City on demand. 11)PREVAILING WAGES Contractor shall file a"Statement of Intent to Pay Prevailing Wages"with the State of Washington Department of Labor& Industries prior to commencing the Contract work. The Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington,as well as any other applicable prevailing wage rate provisions. The prevailing wage rate revision in effect ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-23 September 9,2020 Page 7 of 14 on the date the Contractor submitted the Construction Work Quote Form is attached and by this reference incorporated herein and made a part hereof. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form, for the Contractor and each and every subcontractor,has been approved by the State Department of Labor& Industries,and is received by the City. Retainage, if applicable,shall not be released until an Affidavit of Wages Paid form for the Contractor and each and every subcontractor, has been approved by the State Department of Labor & Industries,and is received by the City. Certified payroll is required from the Contractor and all subcontractors within 10 calendar days of the end of the preceding weekly payroll period. Failure to provide them in a timely manner may result in partial payments being withheld until compliance is achieved. 12)CHANGES The City may issue a written change order for any change in the Contract work during the performance of this Contract. If the Contractor determines,for any reason,that a change order is necessary,the Contractor must submit a written change order request to an authorized agent of the City within 10 calendar days of the date the facts and events giving rise to the requested change occurred. If the City determines that the change increases or decreases the Contractor's costs or time for performance,the City will make an equitable adjustment. The City will attempt, in good faith,to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree,the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City. If the Contractor fails to request a change order within the time allowed,the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the Contract work. If the Contractor disagrees with the equitable adjustment,the Contractor must complete the change order work; however,the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor If the Contractor disagrees with anything required by a change order,another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City,the Contractor shall: 1. Within 2 days of receiving a written change order or oral order that the Contractor desires to protest,the Contactor shall give a signed written notice of protest to the City; and 2. Supplement the written protest within 14 calendar days with a written statement that provides the following information: ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-23 September 9,2020 Page 8 of 14 a. The date of the Contractor's protest. b. The nature and circumstances that caused the protest. c. The provisions in this Contract that support the protest. d. The estimated dollar cost, if any,of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor's records needed for evaluating the protest. 3. The City will evaluate all protests,provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Contractor's Duty to Complete Protested Work In spite of any protest,the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor's Acceptance of Chances The Contractor accepts all requirements of a change order by: (1)endorsing it, (2) writing a separate acceptance, or(3)not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section shall constitute full payment and final settlement of all claims for Contract time and for direct, indirect and consequential costs, including costs of delays related to any work,either covered or affected by the change. D. Failure to Protest Constitutes Waiver By not protesting as this section provides,the Contractor also waives any additional entitlement and accepts from the City any written or oral order(including directions, instructions, interpretations,and determination). E. Failure to Follow Procedures Constitutes Waiver By failing to follow the procedures of this section,the Contractor completely waives any claims for protested work and accepts from the City any written or oral order(including directions, instructions,interpretations,and determination). 13)CLAIMS ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-23 September 9,2020 Page 9 of 14 The Contractor waives right to a claim if they have not followed the protest procedures outlined in this Contract. If resolution of a protest cannot be reached, and the Contractor wishes to pursue a claim,the Contractor shall give written notice of claim to the City within 15 calendar days of the City's notice of its final decision on the Contractor's protest. Any claim for damages, additional payment for any reason, or extension of time,whether under this Contract or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Contract.At a minimum,a Contractor's written claim must include the information set forth regarding protests in this Contract. Failure to provide a complete,written notification of claim within the time allowed shall be an absolute waiver of any claims arising in any way from the facts or events surrounding that claim or caused by that delay. The Contractor must, in any event, file any claim or bring any suit arising from or connected with this Contract prior to signing the Final Payment Form. 14)WARRANTY (CHECK ONE) ❑ No warranty applies to the Contract Work. ® Warranty applies to the Contract Work as follows: All defects in workmanship and materials that occur within one year of the Contract Completion date shall be corrected by the Contractor. When defects are corrected,the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within 7 calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time,the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 15) INDEMNIFICATION Contractor shall defend, indemnify and hold the City, its officers,officials,employees, agents and volunteers harmless from any and all claims, injuries,damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Contract, except for injuries and damages caused by the sole negligence of the City. ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-23 September 9,2020 Page 10 of 14 The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials,employees,agents and volunteers,the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that this indemnification constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. The parties acknowledge that they have mutually negotiated this waiver. The provisions of this section shall survive the expiration or termination of this Contract. 16) INSURANCE Insurance requirements shall be as specified in the City of Auburn Construction Standards, Part 1, Section 1-07.18 (Insurance)which by reference is incorporated is a part of this contract. 17)CORRESPONDENCE (CHECK ONE) ® Submittals and formal Requests for Information(RFI)shall not be required for this contract. n Submittals and Requests for Information(RFI)shall be as follows: A. Requests for Information (RFI's). RFI's shall be made electronically and shall be transmitted via e-mail to PWSubmittals@auburnwa.gov. The e-mail subject line of electronic RFI's shall include the following: Contract Number and Project Name/Number as applicable—RFI Title/Subject. Each e-mail shall be limited to 10 MB's in size. All RFI's shall accompany the City of Auburn "CIP Construction Request for Information" (RFI)form as a cover letter with enough information provided for the Engineer to respond accordingly. The time required to evaluate and review RFI's is not the same for all RFI's. The Contractor shall allow a minimum of 10 calendar days,unless otherwise noted,for the Engineer to respond. B. Submittals. All submittals shall be made electronically and shall be transmitted via e-mail to PWSubmittals(Iauburnwa.gov. The e-mail subject line of electronic submittals shall include the following: <<<Project Number>>>,<<<Project Name>>>-"Submittal Title". Each electronic email shall be limited to 10 MB's in size. All electronic submittals shall be clear, sharp high contrast electronic files in Word 2016, Excel 2016 or PDF formats. ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-23 September 9,2020 Page I 1 of 14 All submittals shall accompany the City of Auburn "Request for Submittal Approval" (RSA) form. Any submittals made without the RSA form or without all of the required information on the form filled out by the Contractor shall be rejected without review. No additional compensation or time extension shall be granted for a Contractor not supplying this form as a cover letter for their submittals or for an improperly filled out form. 18) MISCELLANEOUS A. Nondiscrimination. In the hiring of employees for the performance of work under this Contract,the Contractor, its subcontractors, or any person acting on behalf of Contractor shall not,by reason of race, religion, color, sex, sexual orientation, national origin,or the presence of any sensory,mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. B. Compliance with Laws. The Contractor shall comply with all federal, state and local laws,rules and regulations throughout every aspect in the performance of this Contract. C. Qualifications of Bidder. Before award of a public works contract, a bidder must meet at least the minimum qualifications of RCW 39.04.350(1)to be considered a responsible bidder and qualified to be awarded a public works project. D. Work Performed at Contractor's Risk. The Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents,and subcontractors in the performance of this Contract. All work shall be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to materials,tools, or other articles used or held for use in connection with the work. E. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be construed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect. F. Governing Law. This Contract shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and the Contractor under any of the provisions of this Contract,resolution of that dispute shall be available only through the jurisdiction,venue and rules of the King County Superior Court,King County, Washington. G. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties'performance of this Contract, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however,nothing in this subsection shall limit the City's right to indemnification under Section 10 of this Contract. ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-23 September 9,2020 Page 12 of 14 H. Written Notice. All communications regarding this Contract shall be sent to the parties at the addresses listed on the signature page of this Contract, unless otherwise notified. Any written notice shall become effective upon delivery,but in any event 3 calendar days after the date of mailing by registered or certified mail,and shall be deemed sufficiently given if sent to the addressee at the address stated in this Contract. I. Assignment. Any assignment of this Contract by the Contractor without the written consent of the City shall be void. J. Modification. No waiver,alteration, or modification of any of the provisions of this Contract shall be binding unless in writing and signed by a duly authorized representative of the City and the Contractor. K. Severability. If any one or more sections,sub-sections,or sentences of this Contract are held to be unconstitutional or invalid,that decision shall not affect the validity of the remaining portion of this Contract and the remainder shall remain in full force and effect. L. Entire Contract. The written provisions and terms of this Contract,together with any referenced documents and attached Exhibits , supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this Contract. This Contract,referenced documents, and any attached Exhibits contain the entire Contract between the parties. Should any language in any referenced documents or Exhibits to this Contract conflict with any language contained in this Contract,the terms of this Contract shall prevail. ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-23 September 9,2020 Page 13 of 14 IN WITNESS WHEREOF,the parties below have executed this Contract. MACDONALD-MILLER FACILITY THE CITY OF AUBURN SOLUTIONS 6'41.. LI) (-Xin/t)'-' (Signature) (Signature) By Stephanie Gebhardt By Nancy Ba (Print name here) Its CFO Its Mayor (Authorized representative) DATE: DATE: C1t ' 2b Contractor's State License No. MACDOFS980RU State Tax Registration(UBI)No. 602-254-260 Federal Tax ID# 68-0533726 APPROVED AS TO FORM: YeAdjuk Kendra Comeau,City Attorney Notices to be sent to: Notices to be sent to: CONTRACTOR CITY OF AUBURN Attn: Enyn Edrington Attn: Lisa Moore 2801 Pacific Avenue 25 West Main Street Tacoma,WA 98402 Auburn,WA 98001 Phone:253-798-5080 Phone: 253.288.3158 E-mail: Enyn.Edrington@MacMiller.com E-mail: lmoore@auburnwa.gov ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-23 September 9,2020 Page 14 of 14 CONTRACT BOND CONTRACT NO. 20-23 BOND NO. 023215650 BOND TO CITY OF AUBURN,WASHINGTON KNOW ALL MEN BY THESE PRESENTS: That we,the undersigned,Macdonald-Miller Facility Solutions,whose mailing address is 2801 Pacific Avenue Tacoma,WA 98402,as principal, and Liberty Mutual Insurance Company , a corporation, organized and existing under the laws of the State of Massachusetts as a surety corporation,and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surety, are jointly and severally held and firmly bound to the City of Auburn, Washington, in the penal sum of one hundred ninety-six thousand,two hundred thirty-two dollars and thirty cents($196,232.30)for the payment of which sum we jointly and severally bind ourselves and our successors, heirs, administrators or personal representatives as the case may be. This obligation is entered into in pursuance of the Statutes of the State of Washington and the Ordinances of the City of Auburn,Washington. Dated at Auburn,Washington,this day of ,2020. Nevertheless,the conditions of the above obligation are such that: WHEREAS,the City of Auburn on the 9th day of September,2020,let to the above bounden principal a certain Contract. The said Contract being numbered 20-23, and providing for the installation of Needlepoint Bipolar Ionization Equipment(which Contract is referred to herein and is made a part hereof as though attached hereto), and WHEREAS,the said principal has accepted, or is about to accept,the said Contract, and undertake to perform the work therein provided for in the manner and within the time set forth: NOW,THEREFORE, if the above bounden principal shall faithfully and truly observed and comply with the terms,conditions, and provisions of said Contract in all respects and shall well and truly and fully do and perform all matters and things by them undertaken to be performed under said Contract, upon the terms proposed therein, and any and all duly authorized modifications of said Contract that may hereafter by made, and within the time prescribed therein, and until the same is accepted, and shall pay all laborers, mechanics, subcontractors and material men,and all persons who shall supply principal or subcontractors with provisions and supplies for the carrying on of said work and shall hold said City of Auburn, Washington, harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal or any subcontractor in the performance of said work,and shall in all respects faithfully perform said Contract according to law, and shall indemnify and hold the City of Auburn, Washington, harmless from any damage or expense by reason of failure of performance, as specified in said Contract, and The undersigned principal and the undersigned surety present this contract bond related to the Contract,PROVIDED that this document shall not be enforceable unless and until the City of Auburn awards and executes the Contract to the undersigned principal. No obligations under this bond, for the performance of the above-referenced contract, shall be enforceable until the City of Auburn has executed the contract to the undersigned principal. ENG-055,Revised 11/17 The Surety,hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Contract Bond in a like amount, such increase;however, not to exceed twenty—five percent(25%)of the original amount of this bond without the consent of the Surety. PROVIDED,however,that after the acceptance of this Contract and the expiration of the lien period, and if there are no liens pending,then the penal sum of this bond,shall be reduced to either ten percent (10%) of the value of the improvements to the City or two thousand dollars ($2,000), whichever is greater,to warranty against defects appearing or developing in the material or workmanship provided or performed under this Contract within a period of one (1) year after acceptance. Not withstanding the reduction of this bond, the principal and surety shall hold the City of Auburn harmless from all defects appearing or developing in the material or workmanship provided or performed under this Contract within a period of one(1)year after acceptance,THEN and in that event this obligation shall be void;but otherwise it shall be and remain in full force and effect. It is hereby expressly agreed that if any legal action is necessary to be brought under the conditions of this bond,that the decisions of the Courts of the State of Washington shall be binding. IN WITNESS WHEREOF,the above-bounden parties have executed this instrument this day of , 2020. cDonald-Miller Facility Solutions Liberty Mutual Insurance Company Surety By ger altenbach A orneyin<Fact _ Parker,Smith&Feek,Inc. 2233 112th Avenue NE Bellevue,WA 98004 (425)709-3600 Resident Agent's Address&Phone Number ENG-055,Revised 11/17 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. !- Liberty Liberty Mutual Insurance Company 0` 1VIutua1. The Ohio Casualty Insurance Company Certificate No: 8204259 - 023001 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, Andrew P.Larsen,Charla M.Roadie,Deanna M.French,Derek Sabo,Elizabeth R.Hahn,Guy Armfield,Jana M.Roy,John Claeys,Mindee L.Rankin,Nicholas Fredrickson,Roger Kaltenbach,Ronald J.Lange,Scott Fisher,Scott Garcia,Scott McGilvray,Susan B.Larson all of the city of Bellevue state of WA each individually if there be more than one named,its true and lawful attomey-n-fad 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 15th day of September , 2020 . Liberty Mutual Insurance Company ossa t'f lNs). M�Nsu The Ohio Casualty Insurance Company j, o� Ott urrp"°eb , West American Insurance Company to • * 6iin i'' r6 c+ i d 60 ▪ 1912 0 s 1919 1991 0 y coDavid M Carey,Assistant Secretary ttsState of PENNSYLVANIA ss c 2 0,County of MONTGOMERY c ..3 On this 15th day of September , 2020 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance_F co 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—c0 o therein contained by signing on behalf of the corporations by himself as a duly authorized officer. Lu o IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. E c co•NP PAS alt ii i c`0pr,w,g `! COMMONWEAL NNBTLVANA~ 4 OF Y Noianal UNTeresa PasW4.Nary PulteUpper Meow Topp., +y BY'LJp�•PG My Commission Espies Mrd,28,2021 erase Pastels,Notary Public o co cw I f:* P� ` MemWc Mrryhan.Amao�won d Nolan" O.CO o 22 Ca r This Power of Attorney is made and executed pursuant to and by authority of the folowng By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual, c g.sInsurance Company,and West American Insurance Company which resdutions are now in full force and effect reading as follows: 0% o 6 ARTICLE IV-OFFICERS:Section 12.Power of Attorney. 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 To.L2 1:J ," Presidentmay 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 >o co 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 z 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 €N Zinstruments 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 5under the ch provisions of this artide may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. 0 0 ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. o My 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-fad,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- fad 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;t have hereunto sot my hand and affixed the seals of said Companies this day of , 2020 . - t," tt INS` ♦1N8trgk. t 3- c ;) "4'4*"►' rs� HOP .0 Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co_12J 9 CONTRACT BOND CONTRACT NO. 20-23 BOND NO. 023215650 BOND TO CITY OF AUBURN,WASHINGTON KNOW ALL MEN BY THESE PRESENTS: That we,the undersigned,Macdonald-Miller Facility Solutions, whose mailing address is 2801 Pacific Avenue Tacoma,WA 98402, as principal, and Liberty Mutual Insurance Company , a corporation, organized and existing under the laws of the State of Massachusetts as a surety corporation,and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surety, are jointly and severally held and firmly bound to the City of Auburn, Washington, in the penal sum of one hundred ninety-six thousand, two hundred thirty-two dollars and thirty cents($196,232.30)for the payment of which sum we jointly and severally bind ourselves and our successors, heirs, administrators or personal representatives as the case may be. This obligation is entered into in pursuance of the Statutes of the State of Washington and the Ordinances of the City of Auburn,Washington. Dated at Auburn,Washington,this day of ,2020. Nevertheless,the conditions of the above obligation are such that: WHEREAS,the City of Auburn on the 9th day of September,2020,let to the above bounden principal a certain Contract. The said Contract being numbered 20-23, and providing for the installation of Needlepoint Bipolar Ionization Equipment(which Contract is referred to herein and is made a part hereof as though attached hereto), and WHEREAS,the said principal has accepted,or is about to accept,the said Contract, and undertake to perform the work therein provided for in the manner and within the time set forth: NOW,THEREFORE, if the above bounden principal shall faithfully and truly observed and comply with the terms, conditions, and provisions of said Contract in all respects and shall well and truly and fully do and perform all matters and things by them undertaken to be performed under said Contract, upon the terms proposed therein, and any and all duly authorized modifications of said Contract that may hereafter by made, and within the time prescribed therein, and until the same is accepted, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply principal or subcontractors with provisions and supplies for the carrying on of said work and shall hold said City of Auburn, Washington, harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal or any subcontractor in the performance of said work,and shall in all respects faithfully perform said Contract according to law, and shall indemnify and hold the City of Auburn, Washington, harmless from any damage or expense by reason of failure of performance, as specified in said Contract, and The undersigned principal and the undersigned surety present this contract bond related to the Contract,PROVIDED that this document shall not be enforceable unless and until the City of Auburn awards and executes the Contract to the undersigned principal. No obligations under this bond, for the performance of the above-referenced contract, shall be enforceable until the City of Auburn has executed the contract to the undersigned principal. ENG-055,Revised 11/17 The Surety,hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Contract Bond in a like amount, such increase;however,not to exceed twenty—five percent(25%)of the original amount of this bond without the consent of the Surety. PROVIDED,however, that after the acceptance of this Contract and the expiration of the lien period, and if there are no liens pending,then the penal sum of this bond,shall be reduced to either ten percent (10%) of the value of the improvements to the City or two thousand dollars ($2,000), whichever is greater,to warranty against defects appearing or developing in the material or workmanship provided or performed under this Contract within a period of one (1) year after acceptance. Not withstanding the reduction of this bond, the principal and surety shall hold the City of Auburn harmless from all defects appearing or developing in the material or workmanship provided or performed under this Contract within a period of one(1)year after acceptance,THEN and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. It is hereby expressly agreed that if any legal action is necessary to be brought under the conditions of this bond,that the decisions of the Courts of the State of Washington shall be binding. IN WITNESS WHEREOF,the above-bounden parties have executed this instrument this day of , 2020. =� l� & 3 1 C MacDonald-Miller Facility Solutions Liberty Mutual Insurance Company Surety By R• -r each •ttorney in Fac � Parker,Smith&Feek,Inc. - 2233 112th Avenue NE - Bellevue,WA 98004 (425)709-3600 Resident Agent's Address&Phone Number ENG-055,Revised 11/17 �. 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. A ..4!. Liberty Liberty Mutual Insurance Company P ' Mutual. The Ohio Casualty Insurance Company Certificate No: 8204259 - 023001 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, Andrew P.Larsen,Charla M.Boadle,Deanna M.French,Derek Sabo,Elizabeth R.Hahn,Guy Armfield,Jana M.Roy,John Claeys,Mindee L.Rankin,Nicholas Fredrickson,Roger Kaltenbach,Ronald J.Lange,Scott Fisher,Scott Garcia,Scott McGilvray,Susan B.Larson all of the city of Bellevue 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 15th day of September , 2020 . Liberty Mutual Insurance Company tt4344 t't tNgv •Ntsug' The Ohio Casualty Insurance Company >;, p"'O1I+re% .ep` p*'O r+r�t rp"'OR+�'yo� West American Insurance Company as 1912 e - 1919 n s 1991 n /� H 4(2fg C in w P. .'yl ra Ps- 441 • 0 By: // to David M.Carey,Assistant Secretary a coo State of PENNSYLVANIA ss c N ,County of MONTGOMERY m c ..-3 On this 15th day of September , 2020 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance O 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=� 0> therein contained billy signing on behalf of the corporations by himself as a duly authorized officer. o= IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. Eon ,-.12u) o c� O m yp PA$T� COMMONWEALTH CIFPINNSYWANIA <4 i P N O ,.I v Nowul Sall orO p r of Terve Paste*,Notary Public UpOm ,use- 1poy CutBy: f �/I oA C O E N '' `' My Commission Expires Me ch 29,2021 Crew astella,Notary Public m', tis, P Ny VrAM1bs Wmsfnv.n.+Wootton al WPM. N co 9, co'm •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 c E•E hsurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o aa) 2 ARTICLE IV—OFFICERS:Section 12.Power of Attorney. w c` 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 ,3 ,v_ 8, 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 delver as surety >v > ,:s 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 2,,.,c. have full power to bind the Corporation by their signatureexecution and of any such instruments and to attach thereto the seal of the Corporation.When so executed,such "r z 0 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. c c ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and Undertakings. o 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,I--'- 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 attomeys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and al 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 hereuntcsetmq hand and affixed the seals of said Companies this day of , 2020 . 1N31/ 1V moo M tNSU • \_ _ _ J'°'.off',•t°� ,',.„,,,N, 4r_ ...ap.,;„1.� > e 1912 12 cr 1919 n i 1991 n 4,�.�,._ '"x"v',41 ' 'Promo�At, Renee C.Uewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 12/18 CONTRACT BOND CONTRACT NO. 20-23 BOND NO. 023215650 BOND TO CITY OF AUBURN,WASHINGTON KNOW ALL MEN BY THESE PRESENTS: That we,the undersigned,Macdonald-Miller Facility Solutions,whose mailing address is 2801 Pacific Avenue Tacoma,WA 98402, as principal, and Liberty Mutual Insurance Company , a corporation, organized and existing under the laws of the State of Massachusetts as a surety corporation,and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surety, are jointly and severally held and firmly bound to the City of Auburn, Washington, in the penal sum of one hundred ninety-six thousand,two hundred thirty-two dollars and thirty cents($196,232.30)for the payment of which sum we jointly and severally bind ourselves and our successors, heirs, administrators or personal representatives as the case may be. This obligation is entered into in pursuance of the Statutes of the State of Washington and the Ordinances of the City of Auburn,Washington. Dated at Auburn,Washington,this ` day of -ftp-J' ,2020. Nevertheless,the conditions of the above obligation are such that: WHEREAS,the City of Auburn on the 9th day of September,2020,let to the above bounden principal a certain Contract. The said Contract being numbered 20-23, and providing for the installation of Needlepoint Bipolar Ionization Equipment(which Contract is referred to herein and is made a part hereof as though attached hereto), and WHEREAS,the said principal has accepted, or is about to accept,the said Contract, and undertake to perform the work therein provided for in the manner and within the time set forth: NOW, THEREFORE, if the above bounden principal shall faithfully and truly observed and comply with the terms, conditions, and provisions of said Contract in all respects and shall well and truly and fully do and perform all matters and things by them undertaken to be performed under said Contract, upon the terms proposed therein, and any and all duly authorized modifications of said Contract that may hereafter by made, and within the time prescribed therein, and until the same is accepted, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply principal or subcontractors with provisions and supplies for the carrying on of said work and shall hold said City of Auburn, Washington, harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal or any subcontractor in the performance of said work,and shall in all respects faithfully perform said Contract according to law, and shall indemnify and hold the City of Auburn, Washington, harmless from any damage or expense by reason of failure of performance, as specified in said Contract, and The undersigned principal and the undersigned surety present this contract bond related to the Contract,PROVIDED that this document shall not be enforceable unless and until the City of Auburn awards and executes the Contract to the undersigned principal. No obligations under this bond, for the performance of the above-referenced contract, shall be enforceable until the City of Auburn has executed the contract to the undersigned principal. ENG-055,Revised 11/17 The Surety,hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Contract Bond in a like amount, such increase;however,not to exceed twenty—five percent(25%)of the original amount of this bond without the consent of the Surety. PROVIDED,however, that after the acceptance of this Contract and the expiration of the lien period, and if there are no liens pending,then the penal sum of this bond,shall be reduced to either ten percent (10%) of the value of the improvements to the City or two thousand dollars ($2,000), whichever is greater, to warranty against defects appearing or developing in the material or workmanship provided or performed under this Contract within a period of one (1) year after acceptance. Not withstanding the reduction of this bond, the principal and surety shall hold the City of Auburn harmless from all defects appearing or developing in the material or workmanship provided or performed under this Contract within a period of one(1)year after acceptance,THEN and in that event this obligation shall be void;but otherwise it shall be and remain in full force and effect. It is hereby expressly agreed that if any legal action is necessary to be brought under the conditions of this bond, that the decisions of the Courts of the State of Washington shall be binding. IN WITNESS WHEREOF, the above-bounden parties have executed this instrument this day of sep.-tA. b- r , 2020. JC 'LC . MacDonald-Miller Facility Solutions Liberty Mutual Insurance Company Surety By R er ach ttorney in Fac Parker,Smith&Feek,Inc. 2233 112th Avenue NE Bellevue,WA 98004 (425)709-3600 Resident Agent's Address&Phone Number ENG-055,Revised 11/17 ^l This Power of Attorney limits the acts of those named herein,and they have no authority to n bind the Company except in the manner and to the extent herein stated. A\.4i- Liberty Liberty Mutual Insurance Company P*` Mutual® The Ohio Casualty Insurance Company Certificate No: 8204259 - 023001 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, Andrew P.Larsen,Charla M.Boadle,Deanna M.French,Derek Sabo,Elizabeth R.Hahn,Guy Armfield,Jana M.Roy,John Claeys,Mindee L.Rankin,Nicholas Fredrickson,Roger Kaltenbach,Ronald J.Lange,Scott Fisher,Scott Garcia,Scott McGilvray,Susan B.Larson all of the city of Bellevue 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 15th day of September , 2020 . Liberty Mutual Insurance Company P,oisu_ CCP .y INgva ttdSU� The Ohio Casualty Insurance Company 5. A. 0omPol4—14, RS , 4a7.°oaPORar .tt West American Insurance Company -a a3 Fotn n C3 `�otnui Y �1912 0 - � a 1991 0 aY4 8AieHus4'Ab � '.S, /'°IAN.' 47, / `! to y%7 * *� yl * 0 'M * A� By: (0David M.Carey,Assistant Secretary a`o State of PENNSYLVANIA ss A CIS m rn County of MONTGOMERY .4 = On this 15th dayof September , 2020 before me personallyappeared David M.Carey,who acknowledged himself to be the Assistant Secretaryof Libe Mutual Insurance o o� P PP Y 9 rtY a� 00 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 c`oi CO w N therein contained by signing on behalf of the corporations by himself as a duly authorized officer. E IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. E o C'y M as Pqs o N �Cp�'��9f;pf��ll`�` COMMONWEALTH OF PENNSYLVANIA Lttt) ® a p 4/ o " p Notarial Seal �By: E i+¢ My Commission Expires March 28,2021 0 CO aS� ,y ,i�' `o p /111144 sa Pastella,Notary Public co N O7qFry 00" Member.Pennsylvania Association of Notaries d co 0 (0 NLc -t.4; 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, c E. Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: 0 ami ARTICLEIV—OFFICERS:Section 12.Power of Attomey. m 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 To..c1 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 >P 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 w 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 E(.1 Zci 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 t,`_ 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. 0 0 ARTICLE XIII–Execution of Contracts:Section 5.Surety Bonds and Undertakings. o coo 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 1511 day of 020 . y"gawp, tV imso a tNSUq - a Fo to 4 g PO nto r mo to 912 0 0 1919 a 1991 - By• 1;1;9°,5.$ . 30 y 2 W O d B , 400 Na, O�NAMPs,��$ Ys /&DIA* .4 y:Renee C.Llewellyn,Assistant Secretary V7 * T, y1 * 0 °/y * 0 LMS-12873 LMIC OCIC WAIC Multi Co_12/19 .