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HomeMy WebLinkAbout10/10/2007 AGENDA FI LE CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 0 (360) 473-5280 ***AMENDED*** OCTOBER 10, 2007 CITY COUNCIL MEETING AGENDA 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business B. Presentation by Phil Williams, Director of Public Works & Utilities on 1) Proposed resolution to waive public bidding requirements; and 2) a request to award a contract for the replacement of storm and sanitary lines from Broad to Hanford Street 2. CALL TO ORDER: 5:30 P.M. in CHAMBERS LOCATED ON FIRST FLOOR A. Pledge of Allegiance B. Invocation 3. PUBLIC RECOGNITION & ANNOUNCEMENTS 4. CONSENT AGENDA A. Claims & Check Register (#AB07-242) 5. GENERAL BUSINESS A. Resolution No. 3037, waiving public bidding requirements for the installation of storm and sanitary lines from Broad Street to Hanford Street (#AB07-243) B. Contract Award between MWSH, Inc. LLC and the City of Bremerton for replacement of storm and sanitary lines from Broad Street to Hanford Street (#AB07-244) 6. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING CITY COUNCIL STUDY SESSION Immediately following the City Council Meeting, the Council Members will reconvene in COUNCIL CONFERENCE ROOM 603. Please note that the Study Session is open to the public but there will be no opportunities for input or participation; that no action will be taken, and the content of these items is subject to change. .. A. NO DISCUSSION PLANNED - The following items are budgeted items or have been reviewed by the appropriate Council Committee; and will be placed on the next Council Meeting Agenda for action... 1. Authorization to extend Insurance Broker Services Contract - Peggy Lesser, Risk Manager, Financial Services; and Wendy Priest, Chair of the Finance Committee B. FULL DISCUSSION ITEMS 2. Budget Amendment for Kitsap Economic Development Alliance (KEDA) Special Assessment - Laura Lyon, Finance Director; and Will Maupin, Council President 3. Adoption of a Resolution for entry into a Change Order to Synergy Construction for Harborside Fountain Park, Museum & Fountain Room, and Memorial Plaza for the Harborside Plaza Contractor/Project Manager work - Gary Sexton, Economic Development \ I Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. DATE SUBMIDED: BILL # AB07-242 AGENDA BILL CITY OF BREMERTON CITY COUNCn. 'IA ....................................................................................8....... SUBJECT: Committee Meeting Date: COUNCIL MEETING Date: October 10, 2007 Department: Financial Services Presenter: Cathy Johnson Phone: 473-5296 Claims & Checks Register SUMMARY: Consent Agenda item. Approval of payroll, checks and electronic fund transfers. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: u)y~ p' CONSENT AGENDA X GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: 1) Check #'s 320038 through 320193 and EFT's 7404 through 7418 in the amount of $1,796,292. 11. 2) Regular Payroll for the pay period ending September 30,2007 in the amount of 699,437. 87. COUNCIL ACTION: ~ Approve 0 Deny 0 Table o Continue 0 No Action DATE SUBMITTED: October 9, 2007 BILL# 07 - 243 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SA .......................................................................m................ SUBJECT: Resolution No. 303'7 waiving the purchasing procedures to replace certain stormwater and sewer mains Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: October 10, 2007 Public Works & Utilities Phil Williams 473-5315 SUMMARY: The City has just determined that approximately 360 feet of stormwater main located west o( Wheaton Way between Hanford and Broad Streets is experiencing severe corrosion putting the utility at risk of total pipe failure. Total failure of this stormwater main will atIect public health and safety. Immediate action is necessary to repair or replace the main and related utilities. There is 360 feet of aging sewer line immediately adjacent to the stormwater main that needs to be replaced at the same time the stormwater main is replaced. RCW 39.04.280(1 )( c) and BMC 2.76.600(a)(3) authorize a City to waive competitive bidding "^ \III S +1 requirements in the event of an emergency affecting public health and safety. M&WH has been issued a permit to develop property on Broad Street. The proposed resolution authorizes the City to waive normal purchasing procedures to have the contractor doing the work for MSWII replace 360 feet of stormwater and sewer mains. MW~\-\ ATTACHMENTS: Council Summary, Proposed Resolution FISCAL IMPACTS (Include Budgeted Amount): Funds are budgeted and available in the storm water and wastewater capital fund for this construction APPROVALS: ~ DEPARTMENT DIRECTOR: '-.:;;;;~ CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA 0 GENERAL BUSINESS ~ PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve Resolution No. 30:3>'7 waiving purchasing procedures to replace certain stonnwater and sewer mains. /ta~~ COlJNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action RESOLUTION NO. 3031 A RESOLUTION of the City Council of the City of Bremerton, Washington waiving the public bidding requirements and authorizing the Mayor to take the necessary steps to replace approximately 360 feet of stormwater main located west of Wheaton Way between Hanford and Broad Streets ("Wheaton Way Stormwater Main") and approximately 360 feet of the sewer main located adjacent to the Wheaton Way Stormwater Main as provided in RCW 39.04.280(1)(c) and BMC 2.76.600(a)(3). WHEREAS, the Wheaton Way Stormwater Main is a critical and necessary element of the City's stormwater conveyance system; and WHER?AS, the City has a utility easement contammg the Wheaton Way Stormwater Main that runs through property currently under development; and WHEREAS, the City has just determined that approximately 360 feet of the Wheaton Way Stormwater Main is experiencing severe corrosion putting the utility at risk of total pipe failure; and WHEREAS, the development occurring over the easement will add an additional seven (7) feet of material over the Wheaton Way Stormwater Main further stressing the system; and WHEREAS, total failure of the Wheaton Way Stormwater Main is likely to and will affect public health and safety unless immediate action to cause the permanent repair or replacement of the main and related utilities is taken; and WHEREAS, there is 360 feet of aging sewer line immediately adjacent to the stormwater main that needs to be replaced at the same time the stormwater main is replaced; and WHEREAS, RCW 39.04.280(1)(c) specifically authorizes a municipality to waive competitive bidding requirements for purchases in the event of an emergency; and WHEREAS, BMC 2.76.600(a)(3) provides the City is not required to seek competItIve bids when the City contracts for materials, goods and equipment in order to effectively respond to emergencies affecting public health and safety; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That an emergency condition exists due to unforeseen circumstances beyond the control of the City that presents a real, immediate threat to the proper 1 Wheaton Way Storm water Main performance of the essential function of the City's sewer system and related utilities and will likely result in material loss or damage to property and the environment. SECTION 2. That the Mayor is hereby authorized to cause the immediate, permanent repair or replacement of approximately 360 feet of the Wheaton Way Stormwater Main and approximately 360 feet of the sewer main immediately adjacent to the Wheaton Way Stormwater Main and related utilities in accordance with the provisions ofRCW 39.04.280(1)(c) and BMC 2.76.600(a)(3). SECTION 3. Competitive bidding requirements are hereby waived and are not required for securing contracts for materials, goods, equipment and services necessary to respond to the emergency referenced in this resolution. SECTION 4. The Mayor is hereby authorized to award all necessary contracts on behalf of the City in order to effectively respond to this declared emergency. SECTION 5. Severability. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 6. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _ day of October, 2007. WILL MAUPIN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney CAROL ETGEN, City Clerk R:\Legal\Legal\Resolutions\Public Works\Wheaton Way Sewer Main Emergency Resolution.doc 2 Wheaton Way Storm water Main DA TE SUBMITTED: October 9,2007 BILL # 0-7 - :~ Lft-f AGENDA BILL CITY OF BREMERTON CITY COUNCIL 56 ........................................................................................ SUBJECT: Agreement with ~fSWti M W 5 \-\ Bremerton, LLC for construction of a sanitary sewer and storm sewer. Committee Meeting Date: October 9, 2007 COUNCIL MEETING Date: October 10, 2007 Department: PW&U Presenter: Phil Williams Phone: 473-5315 SUMMARY: This agreement is for the replacement of a 12" diameter sanitary sewer and a 42" diameter storm sewer. These pipes extend from Broad Street to Hanford Street, west of Wheaton Way. ATTACHMENTS: 1. Council Summary; 2. Scope of Work; 3. Agreement; and 4. Exhibit. FISCAL IMP ACTS (Include Budgeted Amount): The cost for the sanitary sewer is $39,250.00. Funds are budgeted at $39,500.00 and available in the Wastewater capital project 2007 Substandard Sewer Main Replacement (BARS #594.3535-56310-5052). The cost for storm water is $72,817.00. The developer will pay the initial cost of the storm water system construction. The City will be crediting the developer for $32,817.00 when they pay their general facility charge for storm water. The developer will be directly obligated for the additional $40,000.00. APPROVALS: DEPARTMENT DIRECTO CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT: .... // ;>- ~~ ~, L- ~_../-._____ ../t~2-/ . L7t ,Ii _ CONSENT AGENDA D GENERAL BUSINESS [gJ PUBLIC HEARING D M.WS 14 RECOMMENDED MOTION: Move to approve the agreement with ~4S.WB Bremerton, LLC and authorize the Mayor to finalize and execute the necessary contract documents for the agreement in substantially the same terms and conditions as presented. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action AGREEMENT WITH MWSH BREMERTON, LLC COUNCIL SUMMARY SUMMARY MWSH Bremerton, LLC is constructing assisted living facilities on Broad Street west of Wheaton Way. There is an existing storm sewer and sanitary sewer pipe running north and south through the development from Broad Street to Hanford Street. These two pipes are quite old and have experienced significant deterioration. The 42" Corrugated Metal Pipe has corroded completely through and this creates a risk of complete structural failure of the pipe under load. The project will be further stressing this damaged pipe by adding an additional 7 feet of cover material over the top off the pipe. This creates an immediate need to replace the storm water pipe. The sewer line also has a defect in its profile which requires us to perform frequent maintenance on the line to keep it functional. This sewer line is located in close proximity to the storm line (< 5' at several points). It would be nearly impossible to replace the sewer line later without risking damage to a new storm line or to replace the storm line now without risking damage to the adjacent sewer line. Prudence dictates both be replaced at the same time during this emergent situation. In addition, doing this project now will allow the private developer to remain on-schedule with their project and reduce the City's cost to accomplish this work after the surface area is developed. FINANCIAL SUMMARY Each year in the capital budget there are monies for replacement of substandard mains. The cost for the sanitary sewer is $39,250.00. Funds are budgeted at $39,500.00 and available in the 2007 Substandard Sewer Main Replacement (BARS #594.3535-56310- 5052). The cost for storm water is $72,817.00. The developer will pay the initial cost of the storm water system construction. The City will be crediting the developer for $32,817.00 when they pay their general facility charges for storm water. The developer will be directly obligated for the additional $40,000. City of Bremerton Agreement with MSWH Bremerton, LLC October 2007 PUBLIC UTILITIES CONSTRUCTION AGREEMENT TIllS IS A CONTRACT between the City of Bremerton, a first class municipal corporation of the State of Washington ("City") and M8WH Bremerton LLC ("Owner"), and RV Associates, Inc. Owner's contractor ("Contractor"). It is effective on the date executed by all the parties. M W 5 H Back2xound A. Owner is the owner of approximately twelve (12) acres of property located west of Wheaton Way, between Hanford and Broad Streets. Owner is making improvements to that real property. Incidental to those improvements, Owner has agreed to make utility improvements pursuant to the Scope of Work, attached as Exhibit A. 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 Conti'actor's performance under this agreement. Terms 1. DESCRIPTION OF THE PROJECT: The Owner, at its own expense, has retained a licensed Professional Engineer registered in the State of Washington ("Design Engineer") who has designed the Project as outlined in the approved plans and specifications attached ("Plans"). 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 COMPENSATION: A. The Owner agrees to pay in advance the following expenses associated with the project: . Seventy Two Thousand Eight Hundred Seventeen Dollars ($72,817.00) to replace the storm-water conveyance system pursuant to the attached plans. . Thirty Nine Thousand Two Hundred Fifty Dollars ($39,250.00) to replace the on-site sanitary sewer conveyance system pursuant to the attached plans. B. Upon approved completion and final acceptance of the project in accordance with the terms of this agreement, the City shall reimburse the Owner Thirty Nine Thousand Two Hundred Fifty Dollars ($39,250.00) plus any additional costs as agreed to pursuant to Section 10(D) of this agreement for costs related to the sanitary sewer replacement. Such payment shall be made in full within Thirty (30) days of final acceptance. C. Upon approved completion and final acceptance of the project in accordance with the terms of this agreement, the City agrees to credit to the Owner's future Storm- Bremerton/Contractor Public Utilities Construction Agreement Page 1 of7 water General Facility Charges an amount not to exceed Thirty Two Thousand Eight Hundred Seventeen Dollars ($32,817.00) for costs related to the storm-water replacement. D. 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 ofBremerton, Kitsap County, or the State of Washington. E. The Owner shall pay all costs associated with easement acquisition, if any, and insuring title to the properties. F. 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 percent (100%) of the Design Engineer's estimated cost of construction, as approved by the City, for all work. Warranty Bond (1) Twenty percent (20%) of the actual cost of construction. G. The bonds shall provide the following: (1) The Contractor shall complete the project in accordance with good and accepted engineering and construction practice. (2) The Contractor shall comply with all the terms of this agreement. (3) The Contractor shall fully comply with all requirements of law 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 bank or credit union, in the full-required amount. H. 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 Bremerton/Contractor Public Utilities Construction Agreement Page 2 of7 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. REPRESENTATIVES: The Owner and Contractor hereby name the following persons as the representative of the Owner and Contractor for all purposes required by this agreement: Owner Name: Phone: Address: Email: fax: Contractor Name: Phone: Address: Email: fax: The Owner and Contractor warrant that their representatives have full authority to bind the 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 ofthis 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 ATTN: Paul Wandling 3027 Olympus Dr. Bremerton W A. 98310 Tel: 360-473-2351 4. PROJECT DESIGN: The Owner, at its own expense, 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 up to date standards for drafting, design and construction ofthe project. Deviation from City standards will not be accepted. . Standard plans and specification provided by the City. . Bremerton Utilities Development and Construction Standards. . 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. Bremerton/Contractor Public Utilities Construction Agreement Page 3 of7 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 ofthe plans at the Contractor's expense in the event of errors or mistakes in the drawings, or if new 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 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 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 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 acts or failures to act of the City. The provisions of this section shall survive the termination or expiration 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, Bremerton/Contractor Public Utilities Construction Agreement Page 4 on 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 ofthis agreement. B. The Contractor agrees to continuously pursue work and complete the project within six (6) months of permit issuance. 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, if applicable. 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 Bremerton/Contractor Public Utilities Construction Agreement Page 5 of7 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 have been obtained in the name ofthe City, accepted by the Project Manager, and recorded with the County Auditor. 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. 10. 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. 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. 11. NON-COMPLIANCE/TERMINATION: Failure to comply with the terms ofthis agreement within 60 days following written notice by the Project Manager shall automatically result Bremerton/Contractor Public Utilities Construction Agreement Page 6 of7 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. 12. 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. IN WITNESS WHEREOF the parties hereto have executed this Contract the date and year indicated. Owner Date Contractor Date CITY OF BREMERTON Cary Bozeman, Mayor Date Departmental Approval Phil Williams Director of Public Works and Utilities Approved as to form: Roger Lubovich, Attorney Received for Filing: Carol Etgen, City Clerk R:\Legal\Legal\Contracts\PUBLIC WORKS\Wheaton Way Stormwater Main.doc Bremerton/Contractor Public Utilities Construction Agreement Page 7 of7 SCOPE OF WORK . Remove and dispose of 360 lineal feet of 42-inch CMP. . Install 360 lineal feet of 42-inch N-12 storm drainage pipe. . Remove existing structure at the north end. . Install two (2) 72-inch storm drainage manholes at the northerly and southerly limits of the new 42-inch N-12. . Remove and dispose of 360 lineal feet of 12-inch sewer pipe. . Install 360 lineal feet of 12-inch SDR 18 class 150 C-900 sewer pipe. . Perform and provide all labor, materials, and equipment necessary for pump and by-pass operations. . Perform all work in accordance with City of Bremerton standards and requirements of the most current "STANDARD SPECIFICATIONS FOR ROAD, BRIDGE, AND MUNICIPAL CONSTRUCTION" prepared by the Washington State Chapter of American Public Works Association (APW A), and Washington State Department of Transportation, including all revisions and supplements. . Perform all work associated with and necessary for the replacement of the existing storm drainage pipe and sanitary sewer pipe as referenced above, including all labor, materials, transportation, equipment, and services necessary for and reasonably incidental to the completion of the work.