HomeMy WebLinkAbout6731 Docusign Envelope ID: FFC291C5-2506-4E66-B20E-88100FECA11C
AGENDA BILL B 1
CITY OF BREMERTON
CITY COUNCIL Action anticipated
SUBJECT: Study Session Date: June 12, 2024
Local Agency Contract with Active COUNCIL MEETING Date: N/A
Construction, Inc. for the Quincy Square Department: PW&U
Project Presenter: K. Ketterer
Phone: (360) 473-5334
SUMMARY: The project includes reconstruction of 4th Street from Pacific Avenue to Washington
Avenue to create a distinctive street scape that can be converted to a pedestrian only festival street
for events. The project, named in honor of Quincy Jones, will include feature and amenities such as
a stage, street furniture, and decorative concrete in a piano key pattern. The project also provides
lighting, landscaping, and stormwater/water quality improvements.
Bids for the construction of the project were opened on May 16, 2024 and 3 bids were received.
Active Construction, Inc. was determined as the lowest responsive, responsible bidder with a base
bid of$3,984,226 plus $76,835 for bid alternate 1. The combined bid is $4,061,061 including sales
tax. Staff recommends award of the Quincy Square project to Active Construction Inc.
ATTACHMENTS: 1) Local Agency Contract 2) Bid Tabulation 3) Site Plan
FISCAL IMPACTS (Include Budgeted Amount): The contract is within the budget for the Quincy
Square Project. The overall budget for the Quincy Square project is $5,800,000 and includes
Federal Community Projects Grant, State Defense Communities Compatibility Account (DCCA)
Grant, Trans Cap, Stormwater, Wastewater, and Water funds.
RECOMMENDED MOTION:
Move to award contract with Active Construction, Inc, for the Quincy Square Project in the amount of
$4,061,061; and authorize the Mayor to finalize and execute the agreement with substantially the
same terms and conditions as presented.
COUNCIL ACTION: XApprove ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 04/19/2024
Docusign Envelope ID: FFC291C5-2506-4E66-B20E-88100FECA11C
Local Agency Contract
THIS AGREEMENT, made and entered into this day of July 1, 2024
between the , and the
City of Bremerton under and by virtue of Title 47 RCW, as amended and
Active Construction Inc.
hereinafter called the Contractor.
WITNESSETH:
That in consideration of the terms and conditions contained herein and attached and made a
part of this agreement, the parties hereto covenant and agree as follows:
L The Contractor shall do all work and furnish all tools, materials, and equipment for:
Quincy Square project # 315012
in accordance with and as described in the attached plans and specifications, and the
standard specifications of the which are by this reference incorporated herein and made part hereof
and, shall perform any changes in the work in accord with the Contract Documents.
The Contractor shall provide and bear the expense of all equipment, work and labor, of any
sort whatsoever that may be required for the transfer of materials and for constructing and
completing the work provided for in these Contract Documents except those items mentioned
therein to be furnished by .
II. hereby promises and agrees with the Contractor to employ, and does employ the
Contractor to provide the materials and to do and cause to be done the above described work and to
complete and finish the same in accord with the attached plans and specifications and the terms and
conditions herein contained and hereby contracts to pay for the same according to the attached
specifications and the schedule of unit or itemized prices at the time and in the manner and upon the
conditions provided for in this contract.
SR
DOT Form 272-006A EF
07/2011
Docusign Envelope ID: FFC291 C5-2506-4E66-B20E-88100FECA11 C
III. The Contractor for himself/herself, and for his/her heirs, executors, administrators,
successors, and assigns, does hereby agree to full performance of all convenants required of the
Contractor in the contract.
IV. It is further provided that no liability shall attach to the State by reason of entering
into this contract, except as provided herein.
IN WITNESS WHEREOF, the Contractor has executed this instrument, on the day and year
first below written and has caused this instrument to be executed by and in the name of the day
and year first above written.
Executed by the Contractor July 12 2024
DocuSigned by:
VIIUIP £fUJMU
39BAEFZEE9C324EF...
David Ceccanti
Active Construction, LLC
(Contractor)
DocuSigned by:4„,€,Q)2A,
Local Agency:
BAF46095E8E747B...
Title:
Mayor City of Bremerton
Greg Wheeler
By:
July 1 2024
Date:
SR
DOT Form 272-006A EF
07/2011
Docusign Envelope ID: FFC291C5-2506-4E66-B20E-88100FECA11C
LOCAL AGENCY PERFORMANCE BOND
PUBLIC WORKS PERFORMANCE BOND
to the City of Bremerton ,WA
Bond No. 023231910
The City of Bremerton , Washington, ( Oblj .e) has awarded to
Active Construction. Inc. (Principal), a Contract for the construction of the project
designated as Quincy Souare , Project No. 315012 in
Bremerton ,Washington(Contract),and said Principal is required under the terms
of that Contract to furnish a bond for performance of all obligations under the Contract.
The Principal, and Liberty Mutual Insurance Company (Surety), a corporation organized under
the laws of the State of Massachusetts and licensed to do business in the State of Washington as
surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the
Federal Register by the Audit Staff Bureau of Accounts,U.S.Treasury Dept.,are jointly and severally held and
firmly bound to the City of Bremerton , in the sum of
Four Ntiillor $ixty:9ne Thousand.$ixty-one and No/100 US Dollars
($4 061.061.00 )Total Contract Amount,subject to the provisions herein.
This statutory performance bond shall become null and void, if and when the Principal, its heirs, executors,
administrators,successors,or assigns shall well and faithfully perform all of the Principal's obligations under
the Contract and fulfill all the terms and conditions of all duly authorized modifications,additions,and changes
to said Contract that may hereafter be made, at the time and in the manner therein specified; and if such
performance obligations have not been fulfilled,this bond shall remain in full force and effect.
City of
The Surety agrees to indemnify,defend,and protect the Bremerton against any claim of direct or indirect
loss resulting from the failure of the Principal,its heirs, executors,administrators,successors,or assigns(or
any of the employees, subcontractors, or lower tier subcontractors of the Principal)to faithfully perform the
Contract.
The Surety for value received agrees that no change,extension of time,alteration or addition to the terms of
the Contract,the specifications accompanying the Contract,or to the work to be performed under the Contract
shall in any way affect its obligation on this bond,and waives notice of any change,extension of time,alteration
or addition to the terms of the Contract or the work performed, The Surety agrees that modifications and
changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal
shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for
such increased obligation.
This bond may be executed in two(2)original counterparts,and shall be signed by the parties'duly authorized
officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney
for the officer executing on behalf of the surety.
The Surety agrees to be bound by the laws of the state of Washington and subjected to the jurisdiction of the
state of Washington.
Active Construction, Inc. Liberty to I Insurance Company
PRINCIPAL : gnature9icu
4h4 ) 6/13/21 Date
r)A 1 r(L l�t eetrrn 4l Holli Albers _
Printed Name Printed Name
Attorney-in-Fact _
Title Title
Local office/agent of Surety Company:
Name Propel Insurance Telephone 253-759-2200
Address 1201 Pacific Avenue,Suite 1000,Tacoma,WA 98402
DOT Form 272-002A
12/2019 410-6-1111
City of Bremerton 233-2519-010
Quincy Square 1-41 April 2024
Contract Documents Local Agency Performance Bond
Docusign Envelope ID: FFC291C5-2506-4E66-B20E-88100FECA11C
LOCAL AGENCY PAYMENT BOND
PUBLIC YVORKS PAYMENT BOND
to the Gity of Bremerton ,WA
Bond No. 023231910
The City of Bremerton Washington, ( obligee ) has awarded to
Active Construction. Inc. (Principal), a Contract for the construction of the project
designated as Quincy Square , Project No. 315012 , in
Bremerton , Washington(Contract),and said Principal is required under the terms
of that Contract to furnish a payment bond in accord with Title 39.08 Revised Code of Washington(RCW)and
(where applicable)60.28 RCW.
The Principal and Liberty Mutual Insurance Company (Surety),a corporation organized under the
laws of the State of Massachusetts and licensed to do business in the State of Washington as
surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the
Federal Register by the Audit Staff Bureau of Accounts,U.S.Treasury Dept.,are jointly and severally held and
firmly bound to the City of Bremerton in the sum of
Four Million, Sixty-one Thousand. Sixty-one and No/100 US Dollars
($4,061,061.00 )Total Contract Amount,subject to the provisions herein.
This statutory payment bond shall become null and void, if and when the Principal, its heirs, executors,
administrators,successors,or assigns shall pay all persons in accordance with RCW Titles 60.28,39.08,and
39.12 including all workers, laborers, mechanics, subcontractors, lower tier subcontractors, and material
suppliers,and all persons who shall supply such contractor or subcontractor with provisions and supplies for
the carrying on of such work,and ail taxes incurred on said Contract under Title 50 and 51 RCW and all taxes
imposed on the Principal under Title 82 RCW; and if such payment obligations have not been fulfilled, this
bond shall remain in full force and effect.
City of
The Surety agrees to indemnify,defend,and protect the Bremerton against any claim of direct or indirect
loss resulting from the failure of the Principal,its heirs,executors,administrators,successors,or assigns,(or
the subcontractors or lower tier subcontractors of the Principal)to pay all laborers,mechanics,subcontractors,
lower tier subcontractors materialpersons,and all persons who shall supply such contractor or subcontractors
with provisions and supplies for the carrying on of such work.
The Surety for value received agrees that no change,extension of time, alteration or addition to the terms of
the Contract,the specifications accompanying the Contract,or to the work to be performed under the Contract
shall in any way affect its obligation on this bond,except as provided herein,and waives notice of any change,
extension of time,alteration or addition to the terms of the Contract or the work performed.The Surety agrees
that modifications and changes to the terms and conditions of the Contract that increase the total amount to
be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety
is not required for such increased obligation.
This bond may be executed in two(2)original counterparts,and shall be signed by the parties'duly authorized
officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney
for the officer executing on behalf of the surety.
The Surety agrees to be bound by the laws of the state of Washington and subjected to the jurisdiction of the
state of Washington.
Libe M to insuran Company
PRINCIP Active Constru n,Inc. •
i g
(011 y 1214 5/13/2024
Principal Signa ure Date Sure y Signature Date
bQtI;c Ceccat41 Holli Albers
Printed Name / Printed Name
PS PVt4- Attorney-in-Fact. _
Title Title
Local office/agent of Surety Company:
Name Propel Insurance Telephone 253-759-2200
Address 1201 Pacific Avenue,Suite 1000,Tacoma,WA 98402
DOT Form 272-003A EF
12/2019
s
City of Bremerton 233-2519-010
Quincy Square 1-43 April 2024
Contract Documents Local Agency Payment Bond
Docusign Envelope ID: FFC291 C5-2506-4E66-B20E-88100FECA11 C f those named herein,and they have no authority to
p-i, bind the Company except in the manner and to the extent herein stated.
1�1 A Liberty
rr t Mutual.�[ Liberty Mutual Insurance Company
Ir utual. The Ohio Casualty Insurance Company Certificate No:8211385-023049
West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana(herein collectively called the"Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Aliceon A.
Keltner,Alyssa J.Lopez.Amber Lynn Reese,Amelia G.Burrill.Annelies M.Richic,Brandon K.Bush.Brent E.Heilesen,Carley Espiritu,Christopher Kinyon.
Donald Shanklin.Jr..Eric A.Li¢mnermun.Holli Albers.Jacob T.Haddock.James B.Binder,Jamie L.Marques,Julianne Morris.Julie R Truitt,Justin Dean Price,
Katharine J.Snider.Lindsey Elaine Jorgensen.Lois F.Weathers.Michael Mansfield_Sarah Whitaker."Tamara A.Ringeiscn
all of the city of Tacoma state of WA each individually if there be more than one named,its true and lawful attorney-in-fact to make,
execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 25th day of March , 2024 .
Liberty Mutual Insurance Company
P,tNstrp _1 IHs° , ttastgpq The Ohio Casualty Insurance Company
ti, `osro�rgyn a LORrok, 'Qsy �Pa°Rro4A,+.0 West American Insurance Company
Pa tr a m cr s- c rik
ui 741s I� y y 1919� a s 1991 � a) o
a �V1 B;ACfnrg a o 4 M?? as 'fs 4Haf�.0 ,aa ,- .a c�
C airy * } �H� * 1 N �,t? r 1`� By: c—u
m a David M.Carey,Assistant Secretary w
in-cs State of PENNSYLVANIA ss =
� co County of MONTGOMERY v
E
o _ ,
13
.r , On this 25th day of March , 2024 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 5122
a us 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 E
therein contained by signing on behalf of the corporations by himself as a duly authorized officer_ ru a
IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. ¢<CIS
C'( a.10
cu N e p, PAST ��
Ct L 4Z",sON19f 6�e Cornmocweallh of Pennsylvania-Notary Seal �,
of O r`40 i P Teresa Paslella,Notary Public .m
Montgomery County ;�4_
D OF My commission expires March 20,2025 , By ��Q/�C U1
• (L ri Commission number 1125044 �-
a7,,, `41...� Member,Panncyfvania Aaoociation of Notaoos eresa Paslella,Notary Public Q O
cN
?N This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 3
5 Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV-OFFICERS:Section 12.Power of Attorney. o 0
a 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 c
co
v 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 ro—
Ts ai 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 3
46 have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed, such o s
Z instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the 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. li
ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,I-
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 13th day of June , 2024 - -
PS..tNSfl� P�ZY IN3, 5n lNSira4
E.J• �Rro y1r y� co c--- 7y UP-, cvok,r 'Y!1
r'ti 4 2 Fd C1 4 2 'III m
• 1912 Q 1919 1991 n 7:, Gjrv.
+� 4 B
rit..,9SSActittb —e 7d o 4480-a� 'ed.. ainn* �a$ y Renee .Llewellyn,Assistant Secretary
g17 * 1• 3yi * 1,N rtt * 1,� IY ry
LMS-12873 LMIC OCIC WAIC Multi Co 02121