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Kitsap Pav Water Main
PUBLIC UTILITIES CONSTRUCTION AGREEMENT
THIS IS A CONTRACT, made and entered into this 9- day of ~ p+c. W\.~
200!L, by and between the City of Bremerton, a first class municipal corporation of the State of
Washington hereinafter called "City" and k:.~+s..t.('" Cc.:,,^~ ' hereinafter called "Owner,"
and referred to collectively as the "Parties." The Owner will also retain a licensed contractor
hereinafter called "Contractor".
WHEREAS, the purpose ofthis contract is to provide for the construction and public
dedication of the Kitsap Pavilion Water Main Relocation, hereinafter called "Project."
NOW, THEREFORE, in consideration ofthe mutual covenants herein defined, and
attached and incorporated and made a part hereof, the City, Owner and Contractor mutually agree
to the following terms and conditions:
1. DESCRIPTION OF THE PROJECT: The Owner will retain a licensed Professional
Engineer registered in the State of Washington (hereinafter "Design Engineer") who shall design
the Project. The Contractor will physically construct the Project. The Project, to be constructed by
the Contractor and dedicated to the City for public use, will consist of the construction of:
APPROXIMATELY 256' OF 6" DUCTILE IRON WATER PIPE AND
MISCELLANEOUS APPURTENANCES.
The Contractor shall provide 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 and specifications attached as Approved set of Plans
and incorporated by reference herein.
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:
· WATER PLAN CHECK FEE: $ 1,330.57
· WATER MAIN INSPECTION FEES: $ 977.18
· WET TAP OF WATER MAIN $ 2,992.55
Total: $ 5,300.30
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 ofBremerton, Kitsap County, or the State of Washington.
C. The Owner shall pay all costs associated with easement acquisition and insuring title
to the properties.
Kitsap Pay. Water Main
Public Utilities Constmction Agreement
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Kitsap Pay Water Main
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construction and a Warranty Bond upon completion ofthe work. The bonds shall be
posted in the amounts as follows:
Peiformance Bond
(1) One hundred and fifty percent (150%) of the Design Engineer's estimated cost of
construction for all work occurring within public right-of-way or on City
Property.
(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 bonds shall provide, as a minimum, 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 proj ect.
(4) The Warranty Bond shall be effective for at least 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 licensed to do
business in the State of Washington. The Surety bond may be substituted by
a cash deposit in the full-required amount deposited with the City Treasurer
or an assignment of funds on deposit in a licensed bank 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.
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Public Utilities Construction Agreement
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Kitsap Pay Water Main
'1
J.
P~PP~SENTATI''ES: The O\vnerhereb~yn&-rnes t."'1e fol1o\vmgperson as the
representative of the Owner for all purposes required by this agreement:
C. -Ii ~ ::, &; ~ os I ~ N..c..A-O r -Pac...' \ . \.-1~.) .r- Ai r\c.. ":,
The Owner warrants that the Owner's representative has full authority to bind the Owner in
all respects required by this agreement, and all applicable govennhent 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 ordllance of
the City for purpose of carrying out the terms of this agreement.
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 and Contractor shall use the following up to date standards for design and
construction of the project. Deviation from standard plans 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.
5. PUBLIC WORKS PROJECTPERMIT: The City's Project Manager will reviewthe.
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 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 proj ect. Plan changes initiated by the Owner or 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 and estimate of value; where cost-savings opportunities are
identified, the Contractor shall agree to provide a deductive credit to the City equal to or greater the
50 percent ofthe value of the cost savings.
The City will issue a Public Works Proj ect Permit upon submittal or 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
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Public Utilities ConstllJ.ction Agreement
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Kitsap Pav Water Main
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of Bremerton as additional insured and provide the following limits:
- Bodily injury, $1,000,000.00 each person;
- $1,000,000.00 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.
Owner and 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 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 Owner or
Contractor, its employees, its subcontractors, its agents, or its assigns in the performance of this
Agreement. The City and Owner or Contractor have specifically negotiated Owner's or
Contractor's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes
of Owner's or 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 ofthe City.
7. PROSECUTION OF WORK:
A. Construction of the project shall be initiated by the Contractor within one (1) year of
execution of this agreement and within 30 days of issuance of the Proj ect Pemrit.
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.
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 oftheir improvements in the presence of the City's
authorized representative. Maj or 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
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Kitsap Pay Water Main
worki.."'1g hours above, the Contractor shall pay to "tlJe City the reasonable cost of
fumishing 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 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
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. fuspections
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
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 of the City,
accepted by the Project Manager, and recorded with the County Auditor.
C. Within thirty (30) days offinal inspection, furnish a complete set of Mylar
record drawings of the proj ect improvements that have been prepared and stamped
by the Design Engineer.
D. Sewer acceptance requires an initial television inspection of all lines. Costsincurred
for this inspection shall be paid by the Contractor following thirty (30) days written
notice.
E. Upon final approval ofproject construction by the City's Project Manager, the City
shall accept and approve a Deed of Conveyance ofthe 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:
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Public Utilities Construction Agreement
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Kitsap Pav Water Main
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(2) Commencement by the City of its usual and customary maintenance of the
project improvements.
(3) Commencement of water services upon payment of service fees.
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 constitutes 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.
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. Notices: Notices shall be in writing and delivered to the following addresses:
Owner:
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/ ~.z.., ~ /-i!'H~~ ~
ert'~~H'RV(-
Telephone'
~~P. <~. &7_L7
F. Waiver: Fai ure to enforc 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.
Contractor:
D0..J1t... L.( U"-l.'S.'NWC-T'/ ()....I UJ. ,I ~L
.
Telephone: 36 6 . ~1<..{ '(, oC) C)
G. Compliance with Laws: Owner and Contractor shall comply with all applicable
Federal, State, and local laws in performing its obligations under this Agreement.
H. 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.
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Kitsap Pay Water Main
1. Attorneys' Fees: The substantially prevailing Pali'j in any litigation a..rising out of
this Agreement shall be entitled to its reasonable attorneys' fees and court costs.
11. NONDISCRIMINATION: Contractor shall not discriminate in employment or services
to the public on the basis of race, color, national origin, sex, religion, age, marital status, or
disability, except for employment actions based on bona fide occupational qualification.
12. NON-COMPLIANCE/TERMINATION: Failure to comply with the terms of this
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 Contractor of the duty
to comply with all the terms of this agreement, paying all sums due there under together with
reasonable attorney's fees incurred by the City in enforcing the terms of this agreement.
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
ofthe other.
IN WITNESS WHEREOF the parties hereto have executed this Contract the date and
year indicated.
'BeI41-1 K'cJ ',set..c.. ;>1loJa;r AA,J~ 11 h 10+
[Name], [Title] , Date
OWNER:~ ~Hi
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[N~[Title] D;de
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CONTRACTOR:~~
~:J!t~\A,roval
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Phil Williams, Date
Director of Public Works and Utilities
Kitsap Pavilion Water Main Relocation PUCA.doc
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Public Utilities Construction Agreement
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