HomeMy WebLinkAboutL-224-1 BAYSIDE LLC
Anderson Hill Road/Bayside Plat
PUBLIC UTILITIES CONSTRUCTION AGREEMENT
THIS IS A CONTRACT between the City of Bremerton, a first class municipal
corporation oithe State of Washington ("City") and L-224-1 Bavside, LLC (Owner"),
and C.C. Edwards 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 Bavside Owner will
make improvements to that real property. Incidental to those improvements, Owner to extend the
sewer, water and storm systems in the Plat of Bayside and extend sewer in Anderson Hill
Road ("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 10,592 FEET OF 8-INCH AND 253 FEET OF 6-INCH
DUCTILE IRON CLASS 52 WATER PIPE, ELEVEN FIRE HYDRANT
ASSEMBLIES AND 2 AIRN AC ASSEMBLIES.
APPROXIMATELY 9,247 FEET OF 8-INCH PVC SEWER PIPE, 1244
FEET OF FORCE MAIN SEWER PIPE AND 61 MAN HHOLES, IN THE
PLAT OF BAYSIDE.
APPROXIMATELY 4,022FEET OF 12-INCH, 473 FEET OF IS-INCH, 3019
FEET OF 24-INCH, 897 FEET OF 18-INCH, 363 FEET OF 36-INCH
STORM PIPE AND 68-TYPE 1, 42-TYPE 2-48", 5-TVPE 2-60", 3-TYPE 2
72" , I-TYPE IL CATCH BASINS.
APPROXIMATELY 4,912 FEET OF 8-INCH PVC SEWER PIPE AND 12
MAN HHOLES, IN ANDERSON HILL ROAD.
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 p'ay in advance the following fees and expenses associated
with the project and required by the Bremerton Municipal Code:
. ' Plan check fee: Plat Sanitary $ 2,832.57
L-224-1 Bayside, LLC./C.C. Edwards
Public Utilities Construction Agreement
Page 1 of8
.
Inspection fee:
Plan check fee:
Inspection fee:
Plan check fee:
Inspection fee:
Plan check fee:
Inspection fee:
.
.
.
.
.
.
Anderson Hill RoadjBayside Plat
$ 16,890.51
$ 1,326.24
$ 7,908.32
$ 2,928.15
$ 12,905.55
(L293) $ 6,320.01
(L293) $ 4,740.74
Plat Sanitary
A.H. Sanitary
A.H. Sanitary
Water
Water
Storm
Storm
Total:
$ 55,852.09
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 ensuring
title to the properties.
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 pesign 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%) 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.
D.
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 Contractor 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
L-224-1 Bayside, LLC./C.C. Edwards
Public Utilities Construction Agreement
Page 2 of8
Anderson Hill Road/Bayside Plat
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.
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:
Owner Contractor
Name: L-224-1 Bayside, LLC ~Don Nelsen Name: C.C. Edwards ~ Dean Burton
Phone: 425.637.2100 Phone: 253.627.1324
Address:10500 NE 8th St.. ST 1725 Bellevue 98004
Address:621 Pacific Ave. ST 216 Tacoma 98402
Cell: 425.732.2532 fax: 425..638.0225 Cell: 206.396.0789 fax: 253.627.1397
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.
L-224-1 Bayside, LLC./C.C. Edwards
Public Utilities Construction Agreement
Page 3 of8
Anderson Hill Road/Bayside plat
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
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:
"i,ii"" . . , 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
ofthe 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
L-224-1 Bayside, LLC./C.C. Edwards
Public Utilities Construction Agreement
Page 4 of8
Anderson Hill RoadjBayside Plat
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.ofthis 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 farfeiture .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 REQIDREMENTS: 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 superyision during said periods.
C. Remove and correct at the expense of the ,Contractor any improvements not
authorized or canstructed in compliance with the Utilities Development and
Constructian Standards.
D. Restore all public and private property disrupted by the installation of the project to
its original candition upon completion. The entire jab site will be maintained in a
neat and warkman like appearance. The Contractor will provide landscape
restoration including sadding, 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
L-224-1 Bayside, LLC.lC.C. Edwards
Public Utilities Construction Agreement
Page 5 of8
Anderson Hill RoadjBayside Plat
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 of the City. Nor s~all 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.
C. Within thirty (30) days offinal 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 b~ 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 ifthe 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
L-224-1 Bayside, LLC./C.C. Edwards
Public Utilities Construction Agreement
Page 6 of8
Anderson Hill Road/Bayside Plat
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 p()wer 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 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 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.
L-224-1 Bayside, LLC./C.C. Edwards
Public Utilities Construction Agreement
Page 7 of8
Anderson Hill Road/Bayside Plat
IN WITNESS WHEREOF the parties hereto have executed this Contract the date and
year indicated.
Owner
i.. ~C)' ~ ;<p()f"
date
L:224-1 B side, LLC. [title]
M't"'l~/15 Me d/iJt I'
Contractor
See Attached Signature Page
Dean Burton
Vice President
CC Edwards Construction
date
14rt/lL
Phil Williams
Director of Public Works and Utilities
L-224-l Bayside, LLC./C.C. Edwards
Public Utilities Construction Agreement
Page 8 of9
Received for Filing:
STATE OF WASHINGTON )
COUNTY OF
KING
-)
I hereby certify that I know or have satisfactory evidence that Thomas R. Hazelrigq,
ilL, signed this instrument, on oath stated that he is authorized to execute the
instrument and acknowledged it to be the free and voluntary act of such person for the
uses and purposes mentioned in this instrument.
DATED this 29th day of AQriL, 2008.
PA TRtClA M. SNELSON
NOTARY PUBUC
STATE OF WASHINGTON
CQMMtSSION EXPIRES
JAHUARY 9. 2011
if~YlLJ ~
Print Name: Patricia M.S. Nelson
NOTARY PUBLIC in and for the State of WA
residing at Kirkland
My commission expires: 1/9/2011
Bayside PUCA 3.doc
Contractor
State of Washington
County of Pierce
4 -1'1-00-
Date
Anderson Hill Road/Bayside Plat
I certify that I know or have satisfactory evidence that Dean Burton signed this instrument
and acknowledged it to be his free and voluntary act for the uses and purposes mentioned
in the instrument.
Dated: f/. /y ,3)
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L-224-1 Bayside, LLC./C.C. Edwards
Public Utilities Construction Agreement
Page 9 of9
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