HomeMy WebLinkAboutJERRY CLARK
Pine Road 70 lots
PUBLIC UTILITIES CONSTRUCTION AGREEMENT,
THIS IS A CONTRACT between the City of Bremerton, a first class municipal
cotporation of the State of Washington ("City") and J ~ L~ K. ("Owner"), and
Caseco Owner's contractor ("Contractor"). It is effective on the date executed by all the parties.
. "
Backe:round "
A. Owner is the owner of real property commonly known as The Plat of Brandywine Owner _
will make improvements to that real property. Incidental to those improvements, Owner is
required by the City to construct and dedicate for public purpose utility improvements known as
Water Sewer and Storm improvements ("Project").
B. Owner has selected C~mtractor to construct the Project.
C. Owrier sJ:lall remain responsible and liable to the City for all aspects of the performance of
this agreement including the ,concurrent responsibility and liability for the Contractor's performance
under this agreemen~.
Terms'
1. - DESCRIPTION OF THE PROJECT: The Owner has retained a licensed Professional
Engineer registered in the State of Washington ("Oesign Engineer") who has designed the
Project as shown in the approved plans and specifications attached ("Plans"):
APPROXIMATELY 2,113 FEET OF 8-INClI PVC SEWER PIPE 10 MAN HOLES AND 5,
CLEAN OUTS.
APPROXIMAT~LY I,Q09 FEET OF 12-INCH, 191 FEET OF 18-INCH, 365 FEET OF 21-
INCH STORM PiPE AND ,7 TYP'E I, 6 TYPE II CATCH BASlNS. '
, APPROXIMATELY 1,3~9FEET OF'6-iNCH, 1,219;lfEET OF 8-INCH, 7~4 FEET OF 12-
INCH CLASS 52 ,DUCTILE IRON WATER PIPE AND" FIRE HYDRANTS.
, -
The Contractor will physically construct the project providing all performance of work,
including all labor, materials, transportation, equipment, supplies, and services necessary,
, for and reasonably incidental to the completion of all work as set out i~ :the Plans. -
2. -
'FEES AND-E~ENSES: ,
, A. The_ Owner agrees to pay in adv.ance the following fees. and expenses associated
w,ith the project and required,by the Bremerton Municip~'Code:
· .' Plan check fee: ' Sanitaty -$ 528.00 (i4
.' ,Plmi check fee:' Storm $1,61O.00~
. ,,_Plan check fee: Water $ 831.0~
. Inspection fee: Sanitary $3, ~ 70.00~
. Inspection fee: Storm $1,050.00~
,. ~spection fee: Water $3,654~0 i1J_
. Connection fees:, Water $11.434.00
(3":Wet taps I-Vaive cut in-No restoration)
'\jl..-~t;,~ .,
~ I"?(p't' ,
J.\ ~-Lf5'0 0
tp , 0,
Total:
$22,27.7.00
Bremerton/Contractor
Public Utilities Construction Agreement
Page 1 o~8
pine Road 70 lots
B. The Contractor shall be responsible for obtaining and paying for. necessary permits
from other governmental agencies and shall be responsible for any additional costs
for inspection billed to the City by any government agency, including but not limited
to the City of Bremerton, Kitsap County, or the State of Washington.
- C. The Owner shall pay all costs: associated with easement acquisition and ensuring
title to the properties.
D. The Contractor shall post with the City Treasurer a performance' Bond prior to
construction and a Warranty Bond upon completion of the work. The bonds shall be
posted in the amounts as follows: '
Performance Bond '
(1) One hundred and fifty percent (150%) of the Design Engineer's estimated cost of
, construction, as approved by the City, for all work occurring within public right-
, of-~ay or on .city Property and, .
(2) Twenty percent (20%) of the Design Engineer's estimated cost of construction
for'all work occurring on: Private Property.
Warranty Bond
(1) , Twenty percent (20%) of the actual cost of construction.
E. The bond~ shall provide, the following:
(1) The Contractor'shall complete the,project in accor~ance with the approved
plans, specification and accepted engineering and construction practi~es.
(2) The Contractor shall comply with all the terms of this agreement.
(3) The Contractor shall fully comply with all requit:ements oflaw in carrying
out the project, and shall comply with all lawful requirements 'imposed by
any agency with jurisdiction relating to the project.
(4) The Warranty Bond, shall be effective for two years after completion of
constructio~ unless a.tE!ffiatively released sooner by the City, and shall
guarantee the completed projects against defects in workmanship and
materials. ,
(5) The bond must be approved by the City's Risk Manager and may mclude
one or more surety bonds issued by any surety company, that is licens~ to do
business in the State of Washington and meets the City's Risk Managers'
rating criteria. The Surety bond may be substituted by a cash 4eposit in the
full-required amount deposited with the City TreasUrer or an ,irrevocable and
unrestriCted assignJJlent of funds on deposit in a licenSed bank or credit
union, in th~ full-required amount. '
F. Contractor sha..ll possess a current Bremerton Business Lic~se and regulatory
licenses required to fulfill Contractor's obligations under this contract. As an
independent contractor, Contractor is responsible for payment of all taxes and
licensing f~es necessary to perform its obligations under this Agreement. These
taxes and fees include but a,re not limited to State industrial insurance, B&O, and
City bus~ess licensing. If any taxes or fees due the City have been declared
Bremerton/Contractor
Public Utilities Construction Agreement
Page 2 of8,
pine Road 70 lots
delinquent, Contractor, by this agreeme~t, assigns any payments due under this
contract to the City Clerk for payment of such taxes The City may also withhold
the delinquent ~ount, plus any additional.charges arising from the delinquency,
from any payments due Contractor.
3. REPRESENTATIVES: The Owner and Contractor'~er~by nanle the following persons as '
the representative of the Owiler and Contractor for all purposes required by this agreement:
Owner (contractorn... n.
Name: tt. " f=.. Name: I ...:.J I 't:
Phone: J,. 5' 3 - $~- 2D 2- Phone: &'0 - ~
Address: <=> tJf 2.0 3 G I ff"-r/ ddress:. .{) tp 7
Emai/:.J &r~.ptl ,.~(,j:x..?$-~~~ 2.06 emai/: h O'Dk--sh 6Z /) dYh"h. Tax: ,3/p1J g?/t:, s:s7ff
The Owner and Contractor warrant that their r~resentatives have full authority to birid
them in all respects required by this agreement, and all applicable government requirements
imposed by any agency with juri~diction. The City hereby designates Paul Wandling of its
Department of Public Works and,Utilities as its Project Manager and warrants that the
Project Manager has full authority to exerci~e such discretion as does the Director of public
Works ,and Utilities under the ordinance of the City for purpose of carrying ou~ the terms of
this agreement.
Notices shall be in writing and delivered by personal service or first class mail to the
above addresses for the Contractor and Owner; and for the City they shall be delivered to:
City Address
City of Bremerton
A TTN: Paul Wandling
3027 Olympus Dr.
Bremerton W A. 98310
Tel: 360-473-2351
4,. PROJECT DESIGN: The Owner will retain a Design Engineer who shall design the
project, prepare the necessary plans,- and provide construction engineering to the extent'
reasonal?ly necessary.
The ~er shall use the following current standards for drafting, design and construction of
the project. Deviation from City standards will not be accepted.
. Standard plans and, specification provided by the City.
. Bremerton Utilities Development and Construction Standards.
. City ofBremerton Standards for Work in Rights of Way
. Washington State Department of Ecology's Stormwater Managemen~ Manual
for the Puget SoundBasin.
. American Waterworks Association Standards.
. Washington State Department of Transportation's Standard Specifications for
Road, Bridge, arid Municipal Construction.
Bremerton/Contractor
Public Utilities Construction Agrl:emeni
Page 3 of8
pine Road 70 lots
5. P~~IC WORKS PROjECT PERMIT:'-The City's Project Manager will review the
project,design, plans, and specifications, and when satisfied the work is in accordance with
City standards, shall approve the plans by stamping and signing four (4) copies of the plan
sheets. The City reserves the right tp require modification of the plans at the Contractor's
expense in the event of errors or nnstakes in the,draWings" or ifnew information becomes
available which requires a change in the plans to properly accomplish the project. Plan
changes initiated by the Contractor must be approved in writing by the City's Project '
Manager prior to commencerri.ent or alteration of the work. Proposed plan changes shall be
accompanied by an e~timate of value. ,
The City will issue a Public Works Project Permit upon completion of the following:
. Construction Plans and Specifications have been approved by the City's Project
Manager.
. Deposit of advance cash deposits as stated in this agreement with the City Treasurer.
. Approved bonds posted with the City Clerk.
. Proof of ~nsurance approved by the Risk Manager.
. A copy of the City or County right-of-way permit submitted to the Utility.
6. . INSURANCE AND INDEMNITY: The Contractor shall provide liability and property
damage insurance covering all work under this agreement for construction within the public right-
of-way, including all work provided by Sub-Contractors. Said insurance shall name the City of
Bremerton as additional insured and provide the following limits: '
- Bodily injury, $2,000,000.00 ~ch person;
- $2,000,000.00 each accident;
- Property damage, $500,000.00
Evidence of such insurance shall be, provided to ,tHe "City's Risk Manager prior to iss:uance
, of the Public Works Project Permit. Insurer shall provide the City's Risk Manager with 30 days'
written notice of any cancellation or change of coverage of the policy. ,
Contractor agrees to defend, indemnify, and hold harnl1ess the City and its officials and
employees from and against all liability, loss, damages, and expenses, including costs and
atton:t-eys' fees, resulting in whole or in part from 8;ctions, claims, and lawsuits arising or alleged"
to have arisen, in' whole or in part, out of or in consequence of the acts or failures to act of '
Contractor, its employees, its subcontractors, its,agents, or its assi~s in the performance of this
Agreement. The City and Contractor have specifically negotiated, Contractor's waiver of its
immunity under Title 51 RCW, which is hereby waived for purposes of Contractor's
ind~ification and hold harmless of the City, incl:uding the duty to defend. This provision shall
be inapplicable to the extent su~h action, claim, or lawsuit is judiciaJly found to arise solely from
the negligent acts or negligent failures to act of the City.
7. PROSECUTION OF WORK:
A. Construction of the project shallb.e initiated by the Contractor'within one (1) year of
execution of-this agreement or within 30 days of issuance of the Project Permit,
whichever shall sooner occur. Failure to begin work within the one-year limit shall
Bremerton/Contractor
Public Utilities Construction Agreement
Page 4 of8
Pine Road 70 lots
result in forfeiture of all rights under the agreement regardless of any other
provisions of this agreement.
B. The Contractor agrees to continuously pursue work and complete the project within
six (6) months of permit issuance.
8. ADD~ION~ CONSTRUCTION WORK REQUIREMENTS: The Contractor' in
addition to other duties included in this agreement shall comply with the following:
A. Schedule system connections with the Project Manager and meet all requirements
for the connection and testing or their improvements in the presence of the City's
authorized representative. Major system connections to the City's system shall not
be authorized on Fridays. Subsequent operation of system valves must be performed
by City persoimel.
B. No work shall be performed by the Contractor other than Monday through. Friday
between 7:30 a.m. and 6:00 p.m., exclusive of City holidays, except with written
prior consent of the City' Project Manager. If consent is given by the City's Project
Manager for 'v.ork on Saturday, Sunday or holidays or before or after the normal
working hours above, the Contractor shall pay to the City the reasonable. cost of
furnishing the required inspection and supervision during said periods.
C. Remove and ~rrect at the expense of the Contractor any improvements not
authorized or constructed in compliance,with the Utilities Development and
Construction Standards. :
D. Restore all public and private property disrupted by the installation of the project to
its original condition upon completion. The entire job site will be maintained in a
neat arid workman like appearance. The Contractor will provide landscape
restoration including sodding, seeding or barking as may be required by the City's
Project Manager. Landscape restoration shall follow installatio~ of the various
segments of the project as closely as is practicable. When, in the opinion of the
City's Project Manager, landscape restoration has fallen behind installation of the
segments of the project, the Project Manager'may halt all construction work until
restoratjon catches up.
'E. NotifY the City when the project is ready for final inspection and approval by the
Utility.
9. INSPECTIONS AND FINAL ACCEPTANCE:
A. The City will provide periodic inspection during construction to ens.ure that the
work complies with plans and City Utilities and COQ.struction Standards. Inspecti9ns
by the City shall not relieve the Contractor of its responsibility to ,construct the
project in full accord with the standards of the City. Nor shall inspection be deemed
_Bremerton/Contractor
Public Utilities Construction Agreement
Page 5 of8
pine Road 70 lots
to be supervision of th~ project, methods or means of performance, compliance with
construction site safety requirements, or the Cqntractor's employees.
B. All easements necessary for the project will be obtained in the name ofth,e City,
accepted by the Project Manag~, and recorded with the CountyAuditor.
C. Within thirty (30) days offinal inspection, furirish a ~omplete set !JfMylar "Asbuilt"
drawings of the project improvements that have been prepared and stamped by the
Design Engineer and a complete set of electronic Asbuilt drawings, in Autocad@
2000i.
D. ' Upon final approval of project construction by the City's Project Manager, the City
,shall accept and approve a ,Deed of Conveyarice of the project improvements for the
Contractor on a form 'approved by the City Attorney. Approval of the deed shall
e<;>nstitute completion of the project for the purposes of:
(1) Computing the ~tee period required by this agreement for bonding.
(2) Commencement by the City of its usual and customary maintenance of the
project improv~ents. '
(3) Commencement of utility services upon payment of service fees.
10. REIMBURSEMENT AGREEMENT:
If this agreement is for the construction of either water or sewer line, the City agr~s to
arrange,for a partial reimbursement to be made to the Owner for the cost of the line as '
permitted by state law and the municipal code. Reimbursement shall be subject to
reasonable charges by the City for adniinistration and shall be payable only if the Owner
executes a City Reimbw-sement Agreement and files the same with the County Auditor as a
lien on propertieS to be served in the future by the wateror sewer line.
11. GENERAL CONDITIONS:
A. Rta>orts and Information: When requested by the City, Contractor shall furnish
periodic reports and documents on matters covered by this Agreement. The
reports and documents shall be furnished in the time and form requested.
Contractor shall maintain 'accounting records in ~ccordance with Generally
Accepted Accounting Principles (GAAP) to substantiate all billed amo~ts.
B. Entire Agreement:, This Agreement and its Exhibits constitute the entire
agreement betWeen the Parties" and the Parties ~cknowledge that there ar~ no
other 'agreements, written or' oral, that have not been set forth in the text of this
Agreement. The section headings and article titles of this Agreement shall have
no effect upon the construction or interpretation of any part hereof.
c. Severability: Should any part of this Agreement be found void, the balance of the
, Agreement shall remain in full force and e.ffect. '
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Public utilities Construction Agreement
Page 6 of8
Pine Road 70 lots
D. Modification: This Agreement may only be modified by written instrument signed
by both Parties. .
E. Waiver: Failure to enforce any provision of this AgreemeIl-t shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this
Agreement shall not be deemed waiver of any other right or power.
F. Compliance with Laws: Contractor shall comply with all applicable Federal,
State, and local laws, in performing its obligations under this Agreement. .
G. Choice of Law and Venue: This Agreement shall be interpreted, according to the
laws of the, State of Washington. Any judicial action to resolve disputes arising
out of this Agreement shall be brought in Kitsap County Superior Cqurt.
12. NON-COMPLIANCEtr~RMINA TION: Failure to comply with the terms of this '
agreement within 60 days following written notice by the Project Man~ger shall automatically result
in the termination of service and forfeiture of bonds and shall not relieve the Owner or Contractor
of the duty to comply with all the te,rms of this agreement, paying all sums due.
13. SUCCESSORS AND ASSIGNS: The City, Owner and Contractor each agree to be
bound, to the other party in respect to all covenants, agreements, and obligations contained in this
contract. Neither party shalL assign the contract in part or as a whole, without the written consent
of the other.
Bremerton/Contractor
PUblic Utilities Construction Agreement
Page 7 of8
pine Road 70 lots
IN WITNESS WHERE the parties hereto have executed thi,s, Contract the date and
year indicated.
Contractor. '
6~9fk'5,(2
Caseco ,[title] ~;cSl"J-
Departmental Approval
',ail >>rft,.~~
Phil Williams
Director of Public Works and Utilities
Brandywine. doc
Bremerton/Contractor
Public Utilities Construction Agreement
Page 8 of8
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