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HomeMy WebLinkAboutKITSAP COMMUNITY RESOURCES KCR 8TH AND WARREN PUBLIC UTILITIES CONSTRUCTION AGREEMENT THIS IS A CONTRACT between the City of Bremerton, a first class municipal corporation of the State of Washington ("City") and Kitsap Community Resources ("Owner"), and _Rafn Company Owner's contractor ("Contractor"). It is effective on the date executed by all the parties. Background A. Owner is the owner of real property commonly known as 845 8th Street 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 sewer extension ("Project"). B. Owner has selected Contractor to construct the Project. C. Owner shall 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 agreement. Terms 1. DESCRIPTION OF THE PROJECT: The Owner has retained a licensed Professional Engineer registered in the State of Washington ("Design Engineer") who has designed the Project as shown in the approved plans and specifications attached ("Plans"): APPROXIMATELY 311 FEET OF 8-INCH DUCTILE IRON SEWER PIPE AND ONE CLEAN OUT AND TWO MAHHOLES . 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 in the Plans. 2. FEES AND EXPENSES: A. The Owner agrees to pay in advance the following fees and expenses associated with the project and required by the Bremerton Municipal Code: . Plan check fee: Sanitary $ 214.00 . Inspection fee: Sanitary $ 467.00 Total: $ 681.00 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. Bremerton/Contractor Public Utilities Construction Agreement Page lof8 KCR 8TH AND WARREN 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-way or on City Property and, (2) Twenty percent (20%) ofthe 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 bonds shall provide, the following: (1) The Contractor shall complete the project in accordance with the approved plans, specification and accepted engineering and construction practices. (2) The Co~tractor shall comply with all the terms of this agreement. (3) The Contractor shall fully comply with all requirements 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 construction unless affirmatively 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 include one or more surety bonds issued by any surety company that is licensed 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 deposit in the full-required amount deposited with the City Treasurer or an irrevocable and unrestricted assignment of funds on deposit in a licensed bimk or credit union, in the full-required amount. F. Contractor shall possess a current Bremerton Business License 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 fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, B&O, and City business licensing. If any taxes or fees due the City have been declared delinquent, Contractor, by this agreement, assigns any payments due under this contract to the City Clerk for payment of such taxes The City may also withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Contractor. 3. REPRESENT A TIVES: The Owner and Contractor hereby name the following persons as the representative of the Owner and Contractor for all purposes required by this agreement: Bremerton/Contractor Public Utilities Construction Agreement Page 2 of8 KCR 8TH AND WARREN Owner Name: Larry Eyer, Executive Director Phone: 360-478-2301 Address: 802 ih St., Bremerton 98337 Email: larrvdiV,kcr.org fax: 415-2706 Contractor Name: Phil Wheeler, Proiect Superintendent Phone: 206-510-4880 Address: 1721 132nd Av NE, Bellevue 98005 email:lJHlheeler(a),rafn. com fax: 373-1625 The Owner and Contractor warrant that their representatives have full authority to bind them in all respects required by this agreement, and all applicable government requirements imposed by any agency with jurisdiction. 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 exercise such discretion as does the Director of Public Works and Utilities under the ordinance of the City for purpose of carrying out 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 reasonably necessary. The Owner 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 of Bremerton Standards for Work in Rights of Way . Washington State Department of Ecology's Stormwater Management Manual for the Puget Sound Basin. . American Waterworks Association Standards. . Washington State Department of Transportation's Standard Specifications for Road, Bridge, and Municipal Construction. 5. PUBLIC 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 to require modification of the plans at the Contractor's expense in the event of errors or mistakes in the drawings, or if new information becomes Bremerton/Contractor Public Utilities Construction Agreement Page 3 of8 KCR 8TH AND WARREN 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 commencement or alteration of the work. Proposed plan changes shall be accompanied by an estimate. 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 insurance approved by the Risk Manager. . A copy ofthe 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 each 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 issuance 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 harmless the City and its officials and employees from and against all liability, loss, damages, and expenses, including costs and attorneys' fees, resulting in whole or in part from actions, 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 assigns 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 indemnification and hold harmless of the City, including the duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to arise solely from the negligent acts or negligent failures to act of the City. These provisions shall survive the expiration or termination of this agreement. 7. PROSECUTION OF WORK: A. Construction of the project shall be 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 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. Bremerton/Contractor Public Utilities Construction Agreement Page 4 of8 KCR 8TH AND WARREN 8. ADDITIONAL 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 of 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 personnel. 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 work 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 correct 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 and 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 installation of the various segments ofthe 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 restoration 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 ensure that the work complies with plans and City Utilities and Construction Standards. Inspections by the City shall not relieve the Contractor of its responsibility to construct the project in full accord with the standards ofthe City. Nor shall inspection be deemed to be supervision of the project, methods or means of performance, compliance with construction site safety requirements, or the Contractor's employees. B. All easements necessary for the project will be obtained in the name of the City, accepted by the Project Manager, and recorded with the County Auditor. Bremerton/Contractor Public Utilities Construction Agreement Page 5 of8 KCR 8TH AND WARREN C. Within thirty (30) days of final inspection, furnish a complete set of Mylar "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 Conveyance of the project improvements for the Contractor on a form approved by the City Attorney. Approval of the deed shall constitute completion of the project for the purposes of: (1) Computing the guarantee period required by this agreement for bonding. (2) Commencement by the City of its usual and customary maintenance of the project improvements. (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 agrees 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 administration and shall be payable only if the Owner executes a City Reimbursement Agreement and files the same with the County Auditor as a lien on properties to be served in the future by the water or sewer line. 11. GENERAL CONDITIONS: A. Reports 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 accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Entire Agreement: This Agreement and its Exhibits constitute the entire agreement between the Parties, and the Parties acknowledge that there are 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 effect. D. Modification: This Agreement may only be modified by written instrument signed by both Parties. Bremerton/Contractor Public Utilities Construction Agreement Page 6 of8 KCR 8TH AND WARREN E. Waiver: Failure to enforce any provision of this Agreement 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 Court. 12. NON-COMPLIANCErrERMINATION: Failure to comply with the terms ofthis agreement within 60 days following written notice by the Project Manager 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 terms 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 KCR 8TH AND WARREN IN WITNESS WHEREOF the parties hereto have executed this Contract the date and year indicated. Owner ~~V-/~~~ ~ date 1/2.I/Ob [ a e], [title] ~B Cary Boze an, Mayor 7/zrlOb date date DePGb~ Phil Williams Director of Public Works and Utilities Approved as to form: ~ 11 \)d Roger L~1:iovich, Attorney KCR 8TH SEWER.doc Bremerton/Contractor Public Utilities Construction Agreement Page 80f8