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AGENDA BILL � H
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Forestry Bridge Installations Study Session Date: June 8, 2016
Agreement with Weber Construction, Inc. for COUNCIL MEETING Date: June 15, 2016
Installation of finio new bridges on the 2000 Department: PWBU - Forestry
Road and 3000 Road #2 within the Presenter: Pat Coxon
Bremerton Watershed Phone: (360)473-5448
SUMMARY: The City of Bremerton, Forestry Division is under mandate to remove the existing
culverts at the 2000 RD & 3000#2 RD crossings. The existing culverts do not allow for the passage
of fish, and the Forestry Division has a 2016 timeline to remove the culverts and replace them with
bridges, by direction from the Washington Department of Natural Resources.
A request for proposals (RFP)was advertised from May 4, 2016 —May 20, 2016, and we received
four complete proposals for the bridge installations.
Weber Construction was the lowest responsive proposal in the amount of 45 730.00.
ATTACHMENTS: 1) Bid Tab; 2)Agreement; 3)Weber Proposal
FISCAL IMPACTS: (Include Budgeted Amount): $250,000—Listed under Water CIP, Forestry Road
Maintenance— Bridges/Abandonment
STUDY SESSION AGENDA: r�No Presentation ❑ Full Presentation
STUDY SESSION ACTION: � Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the Forestry Bridge Installations Agreement with Weber Construction, Inc. in the
amount of$45,730.00; and authorize the Mayor to finalize and execute the agreement with
substantially the same terms and conditions as presented.
COUNCIL ACTION: [�Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/07/15
FORESTRY BRIDGE INSTALLATIONS AGREEMENT
THIS AGREEMENT, is entered into between the City of Bremerton, a Washington
Municipal Corporation ("City"), and Weber Construction, Inc. ("Contractor"), whose mailing
address is PO Box 926, Snoqualmie, WA 98065.
The parties agree as follows:
1. CONTRACTOR SERVICES. The Contractor shall perform the following services
for the City: Installation of the 16-foot wide x 50-foot long 2000 Road Bridge in Section 31, T24N,
RIE, W.M. and the 18-foot wide x 50-foot long 3000 Road #2 Bridge in Section 36, T24N, R1WE,
W.M., Kitsap county, WA as described in the bid documents.
In addition, at the request of the City, the Contractor sha.11 supply equipment and labor as needed to
assist the city in the installation of the 18" DIP waterline as shown on the plans. Rates for such
services are shown on attached Exhibit A(Contractor's Labor& Equipment Rates).
2. TIME OF COMPLETION. Contractor shall complete all work by October 15,
2016. As noted in the plans, all "in-water" work associated with these.projects must be completed
before September 30, 2016
3. COMPENSATION. The City shall pay the Contractor for the work and services
contemplated in this agreement (per WAC 458-20-13501(12)), Washington State Sales Tax is
applicable only to materials purchased by the Contractor for completion of this project. The
Contractor shall invoice the City upon final completion of each bridge project. The City will pay
such invoice(s) upon fmal inspection and acceptance of the projects by the City. Contractor shall
invoice the City separately for any additional work as specificadly requested by the City. No
retention will be withheld from such payments. Payment for such work will be based as follows:
a) For installation of the 2000 Road Bridge, the total amount of Twenty Five Thousand,
Five Hundred Dollars($25,500).
b) For installation of the 3000 Road #2 Bridge, the total amount of Thirteen Thousand,
Nine Hundred Dollars ($13,900).
c) For the supply, load, haul and placement of 1'/4" minus crushed surfacing as directed:
Twenty Three Dollars per cubic-yard ($23.00/cy), which includes all applicable
Washington State Sales Tax.
d) For the supply, load, haul and placement of rip-rap material (minimum 16") as
directed: Twenty Six Dollaxs per cubic-yazd ($26.00/cy), which includes all applicable
Washington State Sales Tax.
e) Payment for additional services as specifically requested by the City will be based on
hourly rates as shown on attached Exhibit A.
A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall
provide the City a performance bond for the full contract amount to be in
effect until sixty (60) days after the date of fmal acceptance, or until receipt
of all necessary releases from the State Department of Revenue and the State
Department of Labor and Industries and until settlement of any liens filed
under Chapter 60.28 RCW, whichever is later.
B. Defective or Unauthorized Work. The City reserves its right to withhold
payment from 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 agreement; and extra work and
materials furnished without the City's written approval. If 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 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 Additiona.l Costs, from any and all amounts due or to
become due the Contractor.
C. Final Payment: Waiver of Claims. THE ACCEPTANCE OF FINAL
PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT
THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY
CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR F1NAL
PAYMENT IS MADE.
4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as
an independent contractor and not as an employee of the City. The Contractor shall secure at its
expense, and shall be responsible for all payments of income tax, social security, state industrial
insurance compensation, unemployment compensation, and all other payroll deductions for the
Contractor, off'icer, agents, employees and sub-contractors. The Contractor shall also secure all
applicable business licenses, if required, in connection with the contract services, including all
required licenses for Contractor's officers, agents, employees and sub-contractors.
5. TERMINATION. The City may terminate this agreement without notice for good
cause. "Good cause" shall include, without limitation, any one or more of the following events:
A. The Contractor's failure to supply sufficient skilled workers or suitable
materials or equipment.
B. The Contractor's failure to prosecute the work with such diligence as will
ensure its physical completion within the original physical completion time
specified in this Agreement and any extensions of time which may have been
granted to the Contractor by change order or otherwise.
C. The Contractor's failure to make full and prompt payment to subcontractors
or for material or labor.
D. The Contractor's disregard of federal, state or local laws, rules or regulations.
E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt.
F. The Contractor disregards the authority of the City.
G. The Contractor performs work which deviates from the Contract, and
neglects or refuses to correct rejected work.
H. The Contractor's failure to provide continuous competent supervision.
I. The Contractor otherwise violates in any material way any provisions or
requirements of the contract.
If the City terminates this agreement for good cause, the Contractor shall not receive any
monies due under this agreement, if any, until the Contract work is completed.
6. 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. Contractor shall pay prevailing wages and comply with Chapter
39.12 of the Revised Code of Washington, as well as any other applicabte prevailing wage rate
provisions.
7. CHANGES. The City may issue a written or oral work change directive for any
change in the Contract work during the performance of this agreement. If the Contractor
determines, for any reason, that a change order is necessary, Contractor must submit a written
change order request to the City's project manager within two (2) business days of the date the
Contractor knew or should have known of the facts and events giving rise to the requested change.
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 or oral work
change directive from the City or a cha.nge order from the City. If the Contractor fails to require 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 written work change directive, oral work change
directive or change order, including any direction, instruction, interpretation,
or determination by the City, the Contractor shall:
1. Give a signed written notice of protest to the City within one business
day;
2. Supplement the written protest within five (5) calendar days with a
written statement that provides the following information:
a. The date of the Contract's protest.
b. The nature and circumstances that caused the protest.
c. The provisions in this agreement 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 Dutv 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 Changes. 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 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 form the City any written or oral order (including
directions, instructions, interpretations, and determination).
8. CLAIMS. The Contractor shall give written notice to the City of all claims other
than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to
the claims. Any claim for damages, additional payment for any reason, or extension of time,
whether under this agreement 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 agreement; or, if(and only ifl no such provision is applicable, unless that claim is
set forth in detail in writing and received by the City within seven (7) calendar days from the date
Contractor knew, or should have known, of the facts giving rise to the cla.im. At a minimum, a
Contractor's written claim must include the information set forth regarding protests in Section
7.A.2.a.-e.
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.
Contractor must, in any event, file any claim or bring any suit arising from or connected
with this agreement within 120 calendar days from the date the contract work is complete.
9. WARRANTY. The Contractor shall correct all defects in workmanship and
materials at Contractor's sole expense before the City will provide final acceptance and payment
under this contract. The Contractor shall begin to correct any defects within seven(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.
10. 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 agreement, except for injuries and damages solely caused by the City's
negligence.
The City's inspection or acceptance of any of 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 agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Contractor and
the City, its officials, employees, agents and voiunteers,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 PURPOSE OF THIS
INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or ternunation of this agreement.
11. INSURANCE. The Contractor shall procure and maintain for the duration of this
agreement, insurance against claims for injuries to persons or damage to property that may arise
from or in connection with the performance of the Contract work by the Contractor, its agents,
representatives, employees or subcontractors.
'Before beginning the.work on the project described in this agreement, the Contractor shall
provide a Certificate of Insurance evidencing:
A. Automobile Liabilitv insurance with limits no less tha.n$1,000,000 combined
single limit per accident for bodily injury and property damage; and
B. Commercial Genera� Liabilitv insurance written on an occurrence basis with
limits no less than $2,000,000 combined single limit per occurrence and
$2,000,000 aggregate for personal injury, bodily injury and property damage.
Coverage shall include but not be limited to: blanket contractual;
products/completed operations/broad form property damage; explosion,
collapse and underground (XCU) if applicable; and employer's liability.
Any payment of deductible or self-insured retention shall be the sole responsibility of the
Contractor.
The City reserves the right to receive a certified copy of all the reyuired insurance policies.
The City, its officials, employees, agents and volunteers shall be named as an additional
insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a
copy of the endorsement naming the City as additional insured shall be attached to the Certificate of
Insurance.
The Contractor's insurance shall contain a clause stating that coverage shall apply
separately to each insured against whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability. ,
The Contractor's insurance shall be primary and non-contributory insurance as respects the
City and shall contain a waiver of subrogation against the City for claims arising out of any
operations, liabilities and obligations to which coverage applies. It shall be an affirmative
obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by
certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6`h Street,
Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive
change of any insurance policy set out herein, and failure to do so shall be construed to be a breach
of this Agreement.
If this contract requires work to be performed in or on navigable waters, the Contractor
shall provide insurance written on an occurrence basis with limits no less than$2,000,000 combined
single limit per occurrence and $2,000,000 aggregate for claims made under the Longshoreman and
Harbor Workers Act and the Jones Act.
12. MISCELLANEOUS.
A. Nondiscrimination. In the hiring of employees for the performance of work
under this Agreement or any sub-contract hereunder, the Contractor, its sub-
contractors, or any person acting on behalf of such Contractor or sub-
contractor shall not, by reason of race, religion, color, sex, national origin, or
the presence of any sensory, mental, physical disability, or sexual orientation
discriminate against any person who is qualified and available to perform the
work to which the employment relates.
B. Compliance with Laws. Contractor shall comply with all federal, state and
local laws, rules and regulations throughout every aspect in the performance
of this agreement.
C. Work Performed at Contractor's Risk. Contractor shall take all precautions
necessary and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of this agreement. All work shall be done
at Contractor's own risk, and 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.
D. Use of Photog_raphs and Ima e�s. Consultant shall not use or distribute �
photographs or images depicting City officials, personnel, property, or
equipment whether prepared by Consultant or provided by City without prior
written consent of the City. The City will not unreasonably withhold its
consent.
E. Non-waiver 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 constructed
to be a waiver or relirtquishment of those terms and rights and they shall
remain in full force and effect
F. Governin�Law. This agreement shall be governed and construed in
accordance with the laws of the State of Washington. If any dispute arises
between the City and Contractor under any of the provisions of this
agreement, resolution of that dispute shall be available only through the
jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap
County, Washington.
G. Attorne, '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
agreement, 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 agreement.
H. Written Notice. All communications regarding this agreement shall be sent
to the parties at the addresses listed on the signature page of this agreement,
unless otherwise notified. Any written notice shall become effective upon
delivery, but in any event three (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 on this agreement.
I. Assignment. Any assignment of this agreement 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 agreement shall be binding unless in writing and signed by a duly
authorized representative of the City and Contractor.
K. Severabilitv. If any one or more sections, sub-sections, or sentences of this
agreement are held to be unconstitutional or invalid, that decision shall not
affect the validity of the remaining portion of this agreement and the
remainder sha.11 remain in full force and effect.
L. Entire Agreement. The written provisions and terms of this agreement,
together with any 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 agreement. This agreement
and any attached Exhibits contain the entire agreement between the parties.
Should any language in any Exhibit to this agreement conflict with any
language contained in this agreement, the terms of this agreement shall
prevail.
IN WITNESS WHEREOF, the parties below have executed this agreement.
WEBER C S UCTION, INC. THE CITY OF BREMERTON
� �
urt Name:`���� � ,(,c�a�/ Print Na Vt,
Title: �i'���d�o�,f Title: Y
DATE �/� �/� DATE �� � �
Notices to be sent to: Notices to be sent to:
WEBER CONSTRUCTION, INC. CITY OF BREMERTON:
Tom Weber Patric Coxon, PE
President Wastewater Manager
PO Box 926 1600 Oyster Bay Ave. S
Snoqualmie, WA 98065 Bremerton, WA 98312
(425) 888-3064 (office) (360) 473-5448 (office)
(425) 888-4463 (facsimile) (360) 473-5455 (facsimile)
APPROVED AS TO FORM:
Bremerton City Att
A EST: �
Bremerton City Clerk
R:\LEGAL\Contracts\FORMS\Short Form.P W.Agr.doc
CITY OF BREMERTON
2000 ROAD & 3000 ROAD #2 BRIDGES INSTALLATION CONTRACT
EXHIBIT A
WEBER CONSTRUCTION,INC,___
.._...__... . _....-----.. .. __.._._...._._..
P.O.BOX 926 - -.._....._..�.. ......-
_. ._._..._.__...._.. .. _ ._._..__._._.__... ...-------... . .._......._ - ----.....__.....
SNOQUALMIE,WA 98059
.. . .. ,.---••---- • - .... _..__..,._.. ..... .......__.---.......... ---.._ ._... _..._...._...._...._.
425-888-3064 �
......,...._�....._. . . ........_._._...... ._ ..___._..... .....__--.- ....__-__.__
_._. ...._._._..._.... . ....----
Kitsap Co.
---.. .... ._:.. ...... _..._....
E ui ment ���-�-
_q p ._ _ Rates __Prevailing_,
- - - --...wages _..._ ..
......_..._ . ._........_... ... - -...__.-�-----.... .
Equioment
_._ . ___.........__... ____._
_ .......__..
OPERATED EQUIPNIENT
.._.._.._. ......... . .. .._... --._ .. . ___..._.____.-
---..... .
, ._.._
ubber Tire Backhoe
._................. ........._ . _ .....__ _... ... . . ...___. _.._ _. , � .._.._ . .131.00
� �----
Cat 304 Excavator �
_._------ -- ........_._....... . .............__...... ....._�_.. _131.00
Cat 345 Excavator
...._._...._. _....--------........ ... ._..__.... _....._..__�_... .206;00
Cat 330 Excavator � _ 186.00
_.._........ ..... ................... _........._.... _ . ...__..... _..
$ 171.00
_ . _
at 325 Excavator
---....._ ... ...____.. . _.....___.......... . --- -- -� _.. .....__.. ......__�_....
Cat 320 Excavator $ 161.00
.,_...---. . ...._._...__�.._... . ....----..__..... ......... _ .$ . _.-.151.00
Cat 312 Excavator -
..... _.._.._..._........ ............_....._... . ......_.._..._.._. ..
Cat 235 Crane-25 Ton � 221.00
.....---_...._.._.. .._.._......... . _._._........._. . ...._.._..... . _ _____...._...
Cat D-8 Dozer �
_------_.._ � 186.00
....,---...... , . ,..---.. ..... ... _._.__._........_.
._._..._._.._...._._.._...._.
Cat D-6 Dozer _ ._.._... . . �.._...._....._.151.00
....._...__...._. .......__._....._. .. ...........__......
John Deere 450 Doaer $ 131.00
_ _-__......_.....__._.---.__.._,.. . ..........__----
Komatsu WA 380 Loader $ �� 151.00
.....---....._ _._.._..... ..._.._............... _......__._._..._._....
....--.. ,_. ....
_ at 980 Loader
.._._.....�. .....-- __. ....._........__.__.._... ...... ... .......5.. . 171;00
Cat 988 Loader
. .... ............... . ............_.._. $ _.._.._191.00
Cat 120G Grader $ 131.00
...__................- - .......__..__.._...._...,. ._..._... ..._.. _..__..__... ._
Komastu GD 705 Grader $ 151.00
...__............._....._._._ . . ............__._._...._.�..... ...---.._.._.
_......_._.. _,
Cat 533 Roller-84" Drum $ 141.00
-- �---_. ....__...__..__......... . ......_.._...---:. .:..__....__
I-Rand Vibratory_Roller:,.84" Drum $ 141.00
_._.._... .... __.. . ....._.___.._.._....... ........ .....
_..._._._..---
_ ydraulic Rock Drill � 206.00
.,...�_......_.._.__..... .. _....--�--....._...- -.....
60 Ton Lowboy Transport ; $ _ 130.00
_.__ .. . �--�--....... . ..
Articulated DumpTruck - 30 Ton � $ 176.00
........__..._.. . ..----- _.._.___...._ . ..._.._..._. _... , ...._-
rticulated DumpTruck_-40_Ton $_ 191_.00
_...__ - -.--_____.. . . .._ _.... . .
Dump Truck, Highway Solo ,. .$_ . 115.00
.
- -...._.....__.. .......__.___....
Dump Truck-Highway T & T _ __ _ $ i25.00
. .
Dump Truck-Off Highway 10 CY � 110.00
..._..._. _....._.._.--- .._... . .....-�----
Water Truck $ 110.00
_._..._.._..__......-----
._.....-----.....--.. .. . _. ._....-
Pilot Cars � ._._.---..._.._
__..._....... _....... ._ ...
. _.._ .... .. .___...__...._._.. 45.00
. ............... . ................
UNOPER,4TED�EQUIFIVIENT� �
..._...----�---•
_.__....._ . .... - -..._._._.. ......... .. . ...._____._........
_.
Transport Permits Cost +20%
__ __..._ .. _. ... . ,......_._._.._.__ _... _
Materials Cost + 20%
.. .................. ..... ..- -... . .. ._.... ,.. ...____...._._v.._. .---- ............
Outside Rental Equipment Cost+ 20%
.. .... . ..._.......... .._ _.....__._.. .
....._.__. .....
General Labor
.. .,.....__._...... ......._.__..---....
_.._.�...___..... _ 62.78
Operator Labor $ 80.�3
... ....... ..... ....._..._............._... ...._......... ...----.......
. .....
Mechanic/Welder
� ----....... .......---- ...__...... �--. .__......80,55
ACORO� DATE(MM/DD/YYYY)
`� CERTIFICATE OF LIABILITY INSURANCE 5/31/2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRIIAATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTAMT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy,certain policies may require an endorsement. A..statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER NAMEACT J08AIIe Hurley
WCLA Insurance Agency PHONNo Extl: (360)352-5033 x2 aC No:(360)352-1689
P 0 Box 2168 E•MAIL oanne@ lo ers.com
ADDRESS:� gg
INSURER S AFFORDING COVERAGE NAIC#
Olympia WA 98507-2168 INSURERAaAmerlCAI1 Forest Cas. Co. RRG
INSURED INSURER B:
W91�AT Construction II1C INSURER C:
PO BOR 9Z G INSURER D:
INSURER E:
3AOQ1181m1e WA 98065 INSURER F:
COVERAGES CERTIFICATE NUMBER:2015 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR 7ypE OF INSURANCE A POLICY NUMBER MMIDDY� MMIDD� LIMITS
LTR
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000
RE ED 100,000
A CLAIMS-MADE X OCCUR PREMISES Ee occurrence $
X AFC040777-15 10/il/2015 10/11/2016 MED EXP(My one person) $ 5,000
PERSONAL 8 ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000
X POLICY❑PR� � LOC PRODUCTS-COMPlOPAGG $ 2�000,000
JECT
OTHER Logger's Broad Form Property $ 1,000,000
AUTOMOBILE UABILITY COMBINED SINGL LIMIT g Q 000 000
Ea accident � �
A X ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED �040777-15 30/11/2015 10/11/2016 BODILY INJURY(Per acadent) $
AUTOS AUTOS X
HIRED AUTOS NON-OWNED per�accidentDAMAGE $
AUTOS
$
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS lIAB CLAIMS-MADE AGGREGATE $
DED RETENTION$ $
WORKERS COMPENSA710N x STATUTE ERH
AND EMPLOYERS'LIABIUTY
ANY PROPRIETOR/PARTNER/EXECUTIVE Y�N E.L EACHACCIDENT $ 1 000 000
OFFICER/MEMBER EXCLUDED� � N 1 A
A (Mendatory in NH) AFC040777-15 10/11/2015 10/11/2016 E.L.DISEASE-EA EMPLOYE $ 1 000 000
H yes,deacriba untler WA 3to Ga
DESCRIPTION OF OPERATIONS below P P E L.DISEASE-POIICY LIMIT $ 1 000 000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 701,Addltional Remarks Schedule,may ba attached iT more space is required)
The Contractor's insurance shall be primary and aon-contributory insurance as reapects the City and shall
contain a waiver o£ subrogation against the City for claims arising out of any operations, liabilities
and obligationa to which coverage applies. It shall be an affirmative obligation upon Consultant to
advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requeated
to City of Bremerton, attn: Risk Management, 345 6th 3treet, Suite 600, Sremerton, WA 98337 within two
days of the cancellation, suspension or aubstantive change of any insurance policy set out herein, and
failure to do ao shall be construed to be a breach of this reement.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Bremerton THE EXPIRATION DATE THEREOF, NOTICE WILL B� DELIVERED IN
Wastewater Manager ACCORDANCE WITH THE POLICY PROVISIONS.
1600 Oyster Bay Ave 3.
BreIQeL'tOA� WA 98312 AUTHORIZED REPRESENTATIVE
Joanne Hurley/JOANNE �'"M�� �������
O 1988-2074 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
INS025 nn�am�
INSURED: Weber Construction Inc COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: AFC040777-15 AFGL 2036 (01-10)
EFFECTIVE: 10/11/2015— 10/11/2016 Endorsement#: 08
Effective Date of Endorsement: 05/27/2016
Date Issued: 05/26/2016
THIS ENDORSEMENT CHANGES THE POI.ICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
City of Bremerton
Washington State
Project(s):
Project Identifier: 2000 Road 8 3000 Road
Operations: Repairing forest service roads
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
We waive any right of recovery we may have against the person or organization shown in the Schedule because
of payments we make for injury or damage arising out of your ongoing operations done under a contract with that
person or organization. The waiver applies only to the person or organization shown in the Schedule.
AFGL 2036(01-10) Copyright, Insurance Services OfFce, Inc., 1984 Page 1 of 1 �
� 'T
, ' ` R
"If
PAYMENT AND PERFORMANCE BOND
Bond No. 22o�s5s
North American Specialty Insurance Company
Bonding Company's Name
PO Box 3018
Address
Bothell WA 98041-301 S
City State Zip
KNOW ALL MEN BY THESE PRESENTS:
That we, Weber Construction,Inc.
,
as Principal and North American Specialty Insurance Company , a
corporation,organized and existing under and by virtue of the laws of the State of
New Hampshire , and legally doing business in the State of Washington, as Surety,
are held and firmly bound and obligated unto the State of Washington, in the full and just sum of
Forty-Five Thousand Seven Hundred Thirty and No/100-----
Dollars, lawful money of the
United States, for the payment of which sum well and truly made,we do bind ourselves, and
each of our heirs, executors and administrators, successors and assigns,jointly and severally,
firmly by these presents.
This bond is executed pursuant to Chapter 39.08, Revised Code of Washington.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that whereas the Principal
entered into a certain contract with
City of Bremerton
dated �v"�► day of �u� , 20/b , for(project name and number)
2000 Road 8 3000 Road#2 Bridqe Installations
� �,,,f ►
NOW, THEREFORE, if the Principal shall faithfully perform all the provisions of such contract
and pay all laborers, mechanics and subcontractors and materialmen, and all persons who shall
supply such person or persons, or subcontractors, with provisions and supplies for the carrying
on of such work, then this obligation is void; otherwise to remain in full force and effect.
Provided, however, that the conditions of this obligation shall not apply to any money loaned or
advanced to the Principal or to any subcontractor or other person in the performance of any such
work.
Signed and Sealed this ��' day of �u_-� ,2016 .
Weber Construction,Inc.
�583��
By:
Principal
North American Specialty Insurance Company
Suret
By: ' .
Atto in Fact � .
Julie M.Glover
� ' . �
BOrid�10. 2207355 ." .
� 'i; ,- :
, . ... ,�.�'�
:,,.•,�.�
Rev. 7/25/08
� ,:: � +
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY TFIESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under
laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington intemational
Insurance Company,a corporation organizcd and existing under the laws of the State of New Hampshire and having its principal office in the City of
Schaumburg,Illinois,each does hereby make,constitute and appoint:
THERESA A.LAMB,JIM W.DOYLE,CHAD M.EPPLE,JULIE M.GLOVER,DARLENE JAKIELSKI,JIM S.KUICH,
MICHAEL A.MURPHY,ANDY D.PRILL,STEVE WAGNER,CARL M.LOVSTED III,PATTI WH1TE and TERESA GLOMBECKI
JOINTLY OR SEVERALLY
Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other wntings
obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by
law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: FIFTY MILLION($50,000,000.00)DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington intemational Insurance Company at meetings duly called and held
on the 9`h of May,2012:
"RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President,
the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds,undeRakings and all contracts of surcty,and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attomey or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached."
\������G 1�pL17Y����i/q��� vy�uwnxmni�
���yQ:,.���i�G i tppp�'YS
: ,�
� �.�i By ��....�l
`�t' ��.
.5�� .(�= Steven P.Andenoo,Smior Ya President of Wmhington Internatlonal lnsurance Company z: S�1L �
�W�t� �973 ¢4i?n' &Seoior Vlce President of Korlh American Specialry Insurance Compaoy �: :m
� �L ♦:O� c7: :t)
�,��;�oN��aa+r� o
�I.:� �.��'�"�
�iiirnnnmu�a�� B `sh�••..*....�.
� Mie6aelA.lto,bemor c'—'�PresTden o R'as n6hou nterne ona nsurunce umpaoy mu
&Smior Vlce Presldeot of North Americuu Spedalty Insuraoce Company
IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 28th day of March ,2p 16 ,
North American Specialty Insurance Company
Washington Intcrnational lnsurance Company
' State of Illinois
County of Cook ss:
On this �gth day of March ,2016 ,before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of
Washington Intemational Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A.Ito,
Vice Presidcnt of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me,who being by me duly swom,acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
OFFICIAL SEAL
MKENNY '�._...���� `•i
NOTARYPUBUC,STATEOFIWNDIS M.Kcnny,Notary Public �;
MY COMMISSION D(PIRES 1210412017
I, Jeffrev Goldbere , the duly elected Assistant Secretarv of North American Specialty Insurance Company and Washington
International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty insurance Company and Washington International Insurance Company,which is still in full force and effect.
IN W I7NESS WHEREOF,T have set my hand and.affixed the seals,of the Companies this��day of ��� ,20�E .
,. � . . . n
..- , ��,/� ����-...
/ r�_./
. . � � Jeffrry Goldbe�g,Vice President&Assiscint Secretuy of
. WaShmgton Intanehooal fas�ce Compnny&�onh Amencan Specmlry Insurance Company