HomeMy WebLinkAboutWHEATON PROPERTIES LLC
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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 Wheaton Properties LLC ("Owner"), and
weI Owner's contractor ("Contractor"). It is effective on the date executed by all the parties.
Back2round
A. Owner is the owner of real property commonly known as Kitsap County Tax Lots
022401-1-075-2003,022401-1-076-2002, 022401-1-077-2001, 022401-1-081-2005, 022401-1-
082-2004 (3900 Block of Wheaton Way). Owner is in making 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 Quail Park Water Main
ExtensionC'Project").
B. Owner has selected Contractor to construct the Project.
C. Owner shall remain responsible and liable to the City for all aspects ofthe 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 out in the approved plans and specifications attached
("Plans"): APPROXIMATELY 2,256 FEET OF 8 INCH DUCTILE IRON CLASS 52
WATER PIPE, 6 FIRE HYDRANTS, AND APPURTENANCES.
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:
· Water plan check! Inspection fees $ 3293.76
· Wet Taps $ 6386.00
. Sewer plan check! Inspection fees $ 4557.12
· Storm Water plan check! Inspection fees $3289.12
Total: $17,526.00
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
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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.
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/or 20% 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 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.
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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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 Contractor
Name: Wheaton Properties LLC Name: JeffLofdahl WCI
Phone: 360-874-1265 Phone: 253-853-1888
Address: 1521 SE Piverberry Wav STE 102 Address: 10814 63rd Avenue
Port Orchard. WA. 98366 Gig Harbor. WA. 98322
Email: ~ fax: 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 C. 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 ofthe 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: 360-473-5270
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 eJi:.1ent reasonably
necessary.
The Owner shall use the following up to date 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.
· 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
proj~ct 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 ofthe plan sheets. .The
City reserves the right to require modification ofthe plans at the Contractor's expense in the event
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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 ofthe 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 Mmiager 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 ofthe 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.
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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 ofthe 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 ofthe 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 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. 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 have been obtained in the name of the City,
acc~pted by the Project Manager, and recorded with the County Auditor.
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C. Within thirty (30) days of final inspection, furnish a complete set of Mylar "Asbuilt"
drawings ofthe 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. 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.
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11. 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 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.
1{u101
date
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, date
c;;;:::
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Phil Williams
Director of Public Works and Utilities
Approve
form:
Received for Filing:
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Public Utilities Construction Agreement
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