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HomeMy WebLinkAbout21-002 Contract Bond TransmittalCO y MM CI) CJD / Go M C' D � Q� y W 0 a) j 00 0 0 W 0 0 M X z �zw a, o CO A WM CD M z D cQ TTi W �y 0 W z I C) I N t7 0 rIj 0 G7 U7 =1 C z O z = > � W mMv Mm� CI) QCI) �z0 M z CD CD 56DJ31AC39IFE4A After printing this label: 1. Use the'Print' button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. n CO w W r= r m m z 0 m Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. 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ACTIVE ACI CONSTRUCTION INC Letter of Transmittal To: City of Bremerton Date: ATTN: Gunnar Fridriksson, P.L.S., RE Re: 345 Sixth Street, Suite 600 Bremerton, WA 98337-1873 FedEx TRK # 773046180030 We are sending you: ❑ Shop Drawings ❑ Copy of Letter ❑x Attached ❑ Submittals ❑ Change Order 3/2/2021 Job No: 21-002 Kitsap Way Culvert Replacement_ Proiect No. 869 ❑ Under a separate cvr via ❑ Plans & Specifications ❑ Pay Estimate the following items: ❑ Samples ❑ Subcontract ❑ Contract, Bonds, Compliance Copies Date No. Desci tion 2) One Original and One Copy Local Agency Contract Bond, Signed 2 One Original and One Copy Retaina e Bond, Signed (1) Notice of EEO Officer THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ For approval ❑ Approved as submitted ❑x Resubmit copies for approval. ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints. ❑ For review and signature ❑x Return 1 signed original(s) ❑ Release for signature and return ❑ For Bids Due ❑ Prints returned after loan to us REMARKS: Copies to: File PO BOX 430 Thank you, Amanda G. Sampson Contract Manager Active Construction, Inc. Office: (253) 248-1426 Mobile: (253) 961-6384 Fax: (253)248-1092 PUYALLUP WA 98371 PHONE (253) 248-1091 ACl is an Equal Employment Opportunity Employer FAX (253) 248-1092 SR KNOW ALL MEN BY THESE PRESENTS, That Local Agency Contract Bond - Highway Construction Active Construction, Inc. of Puyallup, Washington , as Principal, and Liberty Mutual Insurance Company as Surety, are jointly and severally held and bound unto the* in the penal sum of One Million, Seven Hundred Twenty-five Thousand, Seven Hundred Twenty-five and No/100 Dollars ($1,725,725.00 ), the payment of which we jointly and severally bind ourselves, our heirs, executors, administrators, and assigns, and successors and assigns, firmly by these presents. The CONDITION of this bond is such that WHEREAS, on the day of A.D., , the said Principal, herein, executed a certain contract with the', by the terms, conditions, and provisions of which contract the said "City of Bremerton Principal, herein, agree to furnish all material and do certain work, to wit: That Active Construction, Inc. . will undertake and complete the construction of Kitsap Way Culvert Replacement according to the maps, plans and specifications made a part of said contract, which contract as so executed, is hereunto attached, is now referred to and by reference is incorporated herein and made a part hereof as frilly for all purposes as if here set forth at length. This bond shall cover all approved change orders as if they were in the original contract. Similarly, the bond shall cover payment of all taxes incurred on said contract under title 50 and 51 Revised Code of Washington (RCW) and all taxes imposed on the Principle under Title 82 RCW. NOW, THEREFORE, if the Principal herein shall faithfully and truly observe 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 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 such contractor or subcontractor with provisions and supplies for the carrying on of such work, and shall pay all taxes pursuant to Title 50, and 51, and 82 RCW, and shall in all respects, faithfidly perform said contract according to law, then this obligation to be void, otherwise to remain in full force and effect. DOT Form 272-002A EF a712011 City of Bremerton 233-1896-153 Kitsap Way Culvert Replacement 1-53 December 2020 Contract Documents Local Agency Contract Bond WITNESS our hands this ______ _2-5 t __, day Of __ February 2021 Active Construction, Inc. 'Damid Coact `Pr sTinli + UberPMutual Insurance Company Holli Albers, Attorney -in -Fact__.___. �AilOmay-Siv-tact, Surgiy Propel Insurance 1201 Pacific Avenue, Suite 1000, Tacoma, WA 98402 Name and Addiasi Lod otac a or AOem APPROVED: Local Agency: Title: By: Date: Surety Bond No. 023216734 Contract No. 233-1896-153 SR DOT Form 272402A EF 0712011 END OF CONTRACT FORMS City of Bremerton 233-1896-153 I trap Way Culvert Replacement 1-54 December 2020 Contract Documents Local Agency Contract Bond Liberty Mutual. SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the rrenner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate Na 8204061 - 023049 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Castkaity Insurance Co pD-r y is a corporation duly organized under the lavts of the State of new Hampshire, that Liberty Muwal Insurance Corrpary Is a corporation duly ogayzed under the lawns of the State of MassachLsetis, and West American tnsuance CorrM y is a corporation duly organized under the laws of the State of Frdarw [herein collectively called the Ccrrranies j, pursuant to and by aWrrity herein set foal does herety rorre, constitute arxi apttoiltt. AliceonA. Keltner, AI ssa . Lopez, AlneliaG. Bunill, Annelies M. Richie, Brandon K. Bush, Brent E. Heileseri Carley Espiritu, Christo her Ktn an, Cynthia L. ❑ialte M. Harding. Edwar Strrs. Eric A. irirnittarman. FriraF. Mrtclav HPAthar I AIIPn r-rrJ1i A I1v.rc Ian 'T 14neirlr 6 1 �.,,e,- ❑ o: -_..__ Howa4 T all of Tl>e City of Tacoma state of WA each individually if there be nnre than one rorred its true arxt &avufLf atianey. i ri-fa ct to rmke, execute, seal, ac (nowt e adeliver, for an on its behalf as 5Lretyat)d as its actor any and afI undertaldrgs, bonds, recogizances and offer surety oblig itions, in pursuanceof these presents and shall be as bin irlg upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their art proper persons. IN WITNESS WHE REOF, this Power of Attorney has been subscribed by an authorized officer or official of the Conpanies and the corporate seals ofthe Conpar ies have been affixed thereto this 28th day of July , 2020 . [n (0 4T c 2 m State of PENNSYLVANA o CoLrltyofNIONTGONERY ss Liberty Mutual Insurance Company AL tNSrlRq �yTY rNSV�p 114SUj? The Ohio Casualty Insurance CCorrnp�/ary .} aGapPOf �p'r�t� QJ �LP{yP017A A`�a .GQ'`,�RPAR,lTF �r West Amahcan Insurance C`^y.pora 7 X V d m tU rg1912 0 oy1919�a d 1991 0 r�,�t� Sorel{use .Cora' yp� 'rararg'' �a •'S, �Nnlwx¢ ,orb �! "" /7 1� yz trs �'tir z rN By: David M Carey, AssistantSecretaly ILr1 N rn N c co On this 28th clay of j�ul�, 2020 before rTre personally appeared David M Carey, wflo ackroAledged fhirrselfip be the Assislarlt Secretary of Liberty Mphral In>;unrxe O Company, T e�tro Casualty Conpany, art West American Insurance Comperrj and that he, as sudti being aufrized so to dq execute the a instru rent for the ' co co therein cormincd by signing on behalf of the corporations by himself as a duly authorized officer. (.> LU IN WITNESS WHEREOF, I have hereu nl subscribed rry narTe and affixed rry notarial seal at King of Prussia, Pennsylvania, on the day and year first above written yp PAS. errryF AFC COMMONWEALTH OF PENNSYLVANIA Notarial Seal OF Teresa Pastella, Notary Public y� Upper Merion Twp , Montgomery County My Commission Expires March 28, 2021 By: y' _ Member, PCnnaylvaning7SpClnlbn al Nolnrims �Yv This Poser of Attorney is made and executed pursuant to and �y authority of the fcllcWrg By-laws and Authorizations of The Ohio Casualty Insurance Conpary, Liberty MitLk-il EInsurance ConTiarly, and Wrest Arrelican Insurance Cor parrywAtich resolutions are ncu in full force and effect reaxirg as follom: o°i ARTICLE N ' OFFICERS: Section 12. PaaerofAWriney. Awry officer or other official of the Copulation authorized for that purpose in M(irg by the Chairman or the President; and subject to such lirntation as the Chaimmn or ttte President miy fxescribe, shall appoint such atron-teys-in-fact as nay be recessary to art in behalf of the Corporation to make, execute, seal, acWxWedge and deliver as surety > v arty arch all Lrxlertalargs, hands, recognizarces and other surety obligations. Smh ancrneys-in to sL>bject to the lirdtatiors set forth in III)& respective poAers of attorney, shall o have full power to rind the Corporation by their signature and execution oI arty suCih instrtsrertls aixl to attach thereto the seal of the Corporation When so execLl4>4 such c, Iristunents shall Le as Ipindfrg as if signed by the President and attested to by the Secretary. Any pomi or authority granted to ary relxeseMfive or at" -in -fact under the provislo s of finis article may be revoked at ary time by the Board Ilhe ChaimBrt the President or by the officer or officers grantirg such Ixlweror authority. ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Urldertaldrgs. Any officer of the Corrrpary authorized for that purpose in vridrg by the dhaim i3n or the president and sL4ectto such linifations as the chain an or the president may prescrithe, shall appoint such attorneys -in -fact; as nay be necessary to act in behalf of the Conpamy to make, execute, seal, acknornlete and deliver as surety ary and all Undenatorhgs, bonds, recognizances and other surety obligations. S uch attorneys -in -fact subject to the limietions set forth in their respective payers of attorney, shall have fill power to bind the Conpary by their signature and execution of ary such instruments and to attach thereto the seal of the Con -parry. When so executed such instruments shall be as birrirg as if sighed kythe president and attested by the secretary. Certificate of Designation ' The President of the Cor-rlkiW acting Ixnrsuant bo the Bylaws of the Conrpary, authorizes David M Carey, Assist3rt Sec"to appoint such atutrneysAn- fact as Iraq be necessary to act on behalf of the Corrpary in rroke, execute, seal, acknoWeege and deliver as surety ary and all undertakirgs, borxis, reccgrtizances and Other surety obligations. Autihnrizabon - By Lrknnitai]LG comentof die Ccirpanyls Board of Directors, the Cexrparyconserts that bcsirlile or mechanically reprocUed signature of arty assistallt secretary of the Co Wry, WLnever appearing upon a cerdked copy of airy Inver cf attorney issued by the Co -Mry in connection vith suety bonds, shall be valid and Undrg upon the company with the Sarre fore and effect as tit ugh nharwlly affixed. I Renee C. Llewellyn the Lrrletsigned Assist@ nt S ectetary, The Ohio Casualty Insurance Corrpany, Liberty MltLkhl Itsu arce Con -pa ty. and West Ar nenrarI Insurance Ctxrlkarly do hereby ceidfy ttot the original poser of auon-ey of vdtich tie foregoir g is a fill, he and correct copy of the Poorer of Attorney exec Lied by said Corrlxhrtia :s in hill ,'ace a:dr offett and I not been nevnked. IN TESTRADW WHEREOF, I have heretrM set rry hand and affixed the seals of said Corrparies this 25th day of February , 2021 A4 tNSu'gq P01 INS& N 1NSUR "J 11 `Opt aq,,ray�m a�SGaIR 1?4ledq�C1 �C" oRPuR4 yC' m w Q m r. 1912 i 0 o y 1919 w o 1991 0 lykAM I"-'� a� 'e f'r'e AW" '0 By. 9�7 * t� aryl * *Nd s.91 * ��d Renee C. L I0AFIlyR AssistalttSecrelary LMS-12873 LMIC OCIC WAIC Multi Co 12/19 WE c n �o � M �a _c Oy � QW a. O ill O w c Ov 13 >o = N Y00 E M 00 U � o u? RELEASE OF RETAINAGE BOND OF CONTRACTOR Bond No. 023216737 KNOW ALL MEN BY THESE PRESENTS: That we Active Construction, Inc. (hereinafter called Principal), and Liberty Mutual insurance Company a corporation organized and doing business under and by virtue of the laws of the state of Massachusetts , and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required and authorized by the State of Washington, (hereinafter called Surety), as Surety, are held firmly bound unto City of Bremerton _ , (hereinafter called Obligee) in the just and full sum of Eighty-three Thousand Four Hundred Seventy-one And 60/100 ($83,471.60 ) plus 5% of any increases in the contract amount that have occurred or may occur, due to change orders, increases in the quantities or the addition of any new item of work THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT, Whereas, the said Principal on the ___day of _ , entered into a written contract with the said obligee for Kitsap Way Culvert Replacement which said contract is hereby referred to and made a part hereof by reference. WHEREAS, Pursuant to Chapter 60.28 RCW, the above named Principal has requested release of retained percentage earned or which may be earned under said contract, and, WHEREAS, the obligee is willing to release retained percentage in advance of contract terms relating to payment provided the principal shall file bond to indemnify the obligee for all loss, cost or damages which the obligee may sustain by reason of payment of retainage to the principal, which bond shall be subject to all claims and liens in the same manner and same priority as apply to the retainage percentage released, or to be released, NOW, THEREFORE, the condition of this obligation is such that if the principal shall indemnify the obligee for all loss, cost or damages which the obligee may sustain by reason of payment of retained percentage to the principal then this obligation shall be null and void unless otherwise to remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 25th day of. _ February _ , 2021 Active Construction, Inc. By: Principal baVieA L"ecZ,=v1 ;)'Pry 1A—_n + Liberty Mutual surance Company By. " } Holli Albers Attomey-in-Fa of IpLiberty Mutual. SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the rrannerand tothe extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate NIx 8204061 - 023049 KNOWN ALL PERSONS BY THESE PRESENTS: That The Cttio Casualty Insurance Company �; a corporation duly organized under the lama c the State of New Hangxhtire, that Liberty M iial Insurame Compary is a carporafian duty olgarized urnder the iava of the State of Massadxsetts, and West American Insurance CoTpary is a corporation duty orgarized Under the hm of the State of Indiana (herein collectively called the Con -pies), pusuar?t to arld by authnrfty herein setfort4 does hereby narrl ; constitute and appolrtt AliceonA. Keltner, AI ssa . L opez, ArneliaG. Bunill, Anm4ies M. Richie, Brandon K. Bush, Brent E. Heilesert, Carl E llittr, Chris her I on, C n iat�T` Diane M. Hardine. Edward Sims. E Tic A. IImrnenTm, Erica E. Mos ev. Heatrer I._ AI en. Haiti A Iharc Iarnh T Haririrxle I ar.,ac R pin r.Zn'1p I IkAnmkix ali of the city of Tacoma state of WA each irdarkWlly if there be more anon one narred, its true and lawU attorney-in•fact to make, execute, seal, acgZRWea and on its behalf as surly and as its a-a-a-Wkd any and all undertaldi gs, bonds, reccgrizzances and other surety obligations, in pursuance of these presents and shall be as bindrg upon the Companies as If they have been duly signed by the president and attested by the secretary of the Companies in their am proper persons. IN WITNESS WHE REOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Coxrpanies have been affixed thereto this 28th day of July 2020 (U 4T c I State of PENNSYLVANIA CourtyofMONTGONERY Liberty Mutual Insurance CoTpary P� ►NSU,� Qygv Iris& WSW? The ONO Casualty Insurance Corrpary 0"�•�4r yJ °RpQ � y 4- �oRAOR,r y� West American Insurance CoTpary afi UQ a W =fi 1912 n o¢ 1919 a 4 1991 Au �Si4'4emu5 .�a yD 00A Yr r't•OIA%� 7 * I� �y1 ► h�a s''M ��a By: David M Carey, AssisM S ecretary On this 28th day of J my 2020 bekre rre personally appeared David M Carey, who ackro-* i,ed lin Self to be the Assistant Secretary of Liberty Mut A o ro Corrpary- , T-�1ia Casua ryTCwpwy, and West American kwance Corrpary, and that he, as such kxir autlxxizcri so to do, execute the foregoing instrlrTent for the # � therein contained by signing on beh off of the corporations by Nrruelfas a duly authorized officer. a� ro c V SC) Q iJ O C � L I1] N Co � f>3 o_c E LG > GJ 0 Q O IN WITNESS WHEREOF, I have hereunto subscribed rry narre aril affixed rry notarial seal at Kirg of Prussia, Perrrsyhrania, on the day and year first above written. Sp, PA sA Wyk' �y Mile. F{ COMMONWEALTH OF PENNSYLVANIA f„ ti rhS a Notarial Seal OF Teresa Pastella, Notary Public Upper MerionTwp.nTwp., Montgomery County By: $� My Commission Expires March 28, 2021 Teresa Pastelld, Notaryry Pulk Member, ParrarylranteAsspc1e11un prHWarkra This Parer of Attorney is rrede and executed pursuant ID and by authority of the follanirg By-laws and Authorizations of The Ohio Casualty Insurance Corrpary, Liberty Mutual Insurance Conpary, and WestArrerican Insurance Campenywhich resolutions are nowin fill force and effect reading as follana: ARTICLE IV ' OFFICERS: Section 1Z. PumrofAttorney. Any officer or other official of the Corporation authorized fix that purpose in writrg by the Chairrren or the President and sL4ect to such limitation as the ChhainnEin or the President fray prescribe, shall appoint such attorneys -in -fact as may be necessary to act in behalf of the Corporation to make, execute, seal, ack uWedge and deliver as suety ary and all undert3ldrgs, bortds, recoozances and other surety obligations. Such attorneys -in -fact sL4ect to the linitatons set falh in their respective pourers of attorney, shall have full power to land the Corporation by their signature and execution of ary such irsturents and to attach thereto the seal of the Corporation When so executed such Irstirrents shall be as binding as if signed by the President and attested to by the Secretary. Any parer or authortty granted to ary representative or a" -in -fact under the provisions ofthis article array be revoked at any tirre by the Board, the Chainran the President or by the officer orofficers granting such pareror authority. ARTICLE XIII - Execution of Contracts: Section 5. Surety Bands and Undertaldrgs, Any officer of the Conpary authorized for that purpose in writirg by the chaimren or the president and subject to such linitatiors as the chairman or the president nay prescribe, shall appoint such attorneys -inn -fact as Tray be necessary to act in behalf of the Corrpany to rake, execute, seal, aclahl and deliver as surety arty and all undertaldrgs, bonds, recogrizances and other surety obligations. Such attorneys-ir> fact sL4ect to the limitations set forth in their respective peters of atkxrley, shall have fill pDAer to land the Carparry by their signature and execution of any such instnments and to attach thereto the seal of the CorrWry. When so executed such instrurrents shall be as landing as if signed by the president and atteslied by the secretary, Certificate of Designation - The President of the Corparry, acting pusuartt to the Bylaws of the Corrpary, authorizes David M Carey Assistant Secretary to appoint such attorheys4ri- fact as shay be necessary to act on behraWof the Corrpary to rmke execute seat, ackn Aedge and deliver as surety ary and all uhclenakirgs, bonds, reccgrizances and other surety Obligations. Authorization - By unaninnus ca•sent of tie Conparys Board of Directn[s, the Conpary consents that facsimile or redwically reproduced sigfmre of any assistant secretary of the Corrpany, w oE%erappeadrg upon a certified copy of any power of attorney issued by the Corrpary in connection vutt surely bads, shall be valid and Minding upon the Cortilmnly with the sarre force and effect as the i* far wally affixed, t Renee C. Llewellyn the undersigned Assistant Secretary, The ONO Casualty Insurance Corpany, Liberty Mutual Insurance Corrpary, and West American Imurance Corpany do hereby certify that the original p wen of attorney of which the foregoing is a fill, true and caret t copy of the Pager of Attorney executed by said Corpanes, is in full fbrce arrl effect and has riot been revoked IN TESTIMDW WHEREOF, I have hereunto set rry hand and affixed the seals of said Companies this 25th day of February , 2021 . INS( ,I,( IN$V I S11R 1P. 4P ti1p �voggr'Aq P aPv Ry .7� 34 fFa fi jr 1912 0 1919 rdyyTsa'gcrNg` L a� kAMvb`� tab �S rhDPAdT as By: Renee C. L y AssistartSecre& $77 * � h'1 • �� 3M * �N ry LM5-12873 LMIC OCIC WAIC Multi Co 12119 pJ w N c N -H N Q W wE E� o� � M d � O C L xa :L N O y O w O n a�i ro� �O O N YCO cV M C T 0O o �° ACTIVE CONSTRUCTION INC. March 2, 2021 City of Bremerton ATTN: Gunnar Fridriksson, P.L.S., RE 345 Sixth Street, Suite 600 Bremerton, WA 98337-1873 Re: EEO Officer Kitsap Way Culvert Replacements City of Bremerton Project # 869 Dear Mr. Gunnar Fridriksson, The purpose of this letter is to provide the City of Bremerton with the following contact information for Active Construction Inc.'s EEO officer: Lia Davis, EEO Officer Office: (253)-248-1402 Email: liad@activconstruction.com Should you have any questions feel free to contact me anytime at the number listed below. Sincerely, Active Construction, Inc. -40- Amanda G. Sampson Contract Manager amandas@activeconstruction.com Mobile: (253) 248-1426 Office: (253) 248-1092 Enclosure: None PO BOX 430 PUYALLUP, WA 98371 PHONE (253) 248-1091 FAX (253) 248-1092 www.activeconstruction.com AC1 is an " Li'gual L?nt-Viyment Opportunity Emplgver"