HomeMy WebLinkAboutMADELINE WOODS, LLC � 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 Madeline Woods, LLC. ("Owner"), and _
P�1r►'►t Pv���, U1It�/ Ls Owner's contractor ("Contractor"). It is effective on the date executed by
a11 the parties.
Background
A. Owner is the owner of real praperty commonly known as Fo$ Crossing, Owner is
making improvements to tha.t real property. Incidental to those improvements, Owner is required
by the City to construct and dedicate for public purpose utility improvements known as Water
Main ("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 perfoimance '
under this agreement. �
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Terms 1
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1. DESCRIPTION .4F 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"): Install approzimately 1316' of 4" and 8" water main including three
hydrants, two blow offs and assaciated fittings.
� The Contractox will physically construct the project providing all performance of work,
including a11 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 fee $ 381.64
• Water inspection fees $ 1,658.16
• 8" Water Main Tap . $ 3,771.Q0
Total: $ 5,810.80
B. The Contractor sha11 be responsible for obtaining and paying for necessary permits _
from other governmental agencies and sha11 be responsible far any additional costs
for inspectian billed to the City by any government agency, including but not limited -
• to the City of Bremerton, Kitsap County, or the State of Washington. �
Fox Crossing
Public Utilities Construction Ageement _
Page 1 of 7
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C. The Owner shall pay a11 costs associa#ed 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 tiie work. The bonds sha11 be
posted in the amounts as follows:
� Perfarmance 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.
YYarranty Bond
(1) Twenty percent (20%) of the actual cost of construction.
E. The bonds shall provide the following: '
{1} The Contractor sha11 complete the project in accordance with good and
accepted engineering and construction pracrice. �
(2} The Contractor sha11 comply with a11 the terms of this agreement. �
{3} The Contractor sha11 fully comply with all requirements of law in carrying j
out the project, and shall comply with all lawful requirements imposed hy '
any agency with jttrisdiction relating to the project. �
• (4) The Warranty Bond shall be effective for twa years after completion of
construction unless affiimatively released sooner by the City, and shatl
guarantee the compieted 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 bond5 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. Conixactor sha11 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 ohligations under this Agreement. These taxes and fees
include but are not limited to State industrial insuranee, B8c0, 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 chazges arising from the delinquency, from any payments due Contractor.
• Fox Crossing �
Public Utilities Construction Agreement
Fage 2 of 7
� 3. REPRESENTATIVES: The Owner and Contractor hereby name tl�e follawing
persons as the representative of the Owner and Contractor for all purposes required by
tlus agreement:
Owner Contractor
Name: JU�I�e�iv�P.,�OdCQ,S �-LG Name: �rlme �l�b�l�- I b��-�
Phone: 3t,o ��.Q,,� "3�+Sq Phone• �I�f� � ��t',5 � ( I �S
Address• Do � lSq�t�S�tvudaa� `�3�', Address• � a�'ZI �t�-��{ S�t , c�
Emaid: ��' : . ,� Email: � � " W°` � : C O � �' `t S� ( / 3y
The er and Contractor warrant that their representatives have full authority to bind
them in all respe�ts required by this agreement, and all applicable government requirements
imposed by any agency with jurisdiction. The City hereby designates
of its Depar�ment of Public Works and U#ilities as its Project
Manager and warrants that the Project Manager lias fu11 authority to exercise such discretion as
daes the Director of Puhlic Works and Utilities under the ordinance of the City for purpose of
cariying out the tertns af this agreement.
Notices sha11 be in writing and delivered by personal service or first class mail to the
above addresses for the Contractor and Owner, and far ihe City they shall be delivered to: �
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Citv Address
City of Bremerton �
ATTN; Paul Wandling
• 3Q27 Olympus Dr. .
Bremerton WA. 9831 Q
Tel: 360-473-235I
4. PR43ECT DESIGN: The Owner will retain a Design Engineer who shall design the ,
project, prepare the necessary plans, and pravide construction engineering to the extent reasonably
necessary.
The Owner shall use the following up to date standards for drafting, design and construction
of the projeet. 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 Specificatians for Road,
Bridge, and Mwucipal Construction.
5. PUBLIC WURKS PROJECT PERMIT: The City's Project Managcr 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 mistalces in the drawings, or if new information becomes available which requires a �
Fox Crossing
Pu61ic Utilides Conshuction Agreemerrt _
Page 3 of 7
! change in the plans to properly accomplish the project. Plan changes initiated by the Contractor
must be approved in writing by the City's Proj ect Manager prior to commencement or alteration of �
the work. Proposed plan changes shall be accompanied hy an estimate of value.
The City will issue a Public Works Project Permit upon compietion 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. TNSURANCE AND INDENIl�TITY: The Contractor slaall provide liability and property
damage insurance covering all work under this agreexnent for conshuction 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;
- $2,0OO,OQ0.00 each accident; � �
- Property damage, $SOO,OOO.QO
Evidence of such insurance shall be provided to the City's Risk Manager priar to issuance �
ofthe Public Works Project Permit Insurer sha11 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
emplayees fram and against all liability, loss, damages, and expenses, including costs and
attorneys' fees, resulting m 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 acfs or failures to act of the City. The provisions of this section shall survive the
termination or expiration of this agreement.
7. PROSECUTION OF WQRK:
A. Construction of the project sha11 be initiated by the Contractor'within one (1) year af
execution of this agreement or within 34 days of issuance of the Project Permit,
whichever shall sooner occur. Faiiure to begin work withixi the one-year limit shall
result in forfeiture of a11 rights under the agreement regardless of any other
provisions of this agreement.
B. The Contraetor agrees to continuously pursue work and complete the project wit�iin
six (6} months of permit issuance.
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Fox Crassing
Public Utilities Conshuction Agreement • _
Page 4 of 7
� S. ADDITIONAL CONSTRUCTION WORK REQUIREMENTS: The Contractor in
addition to other duties included in this agreement sha11 comply with the following: �
A. Schedule system connections with the Proj ect Manager and meet all requirements :
for the connection and testing of their improvements in the presence of the Cify's
authorized representarive. 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 Contractar 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 ar holidays or before or after the normal �
working hours above, the Contractor shall pay to the City the reasonable cost of
furnishing the required inspectian 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 a11 public and private properry 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 sha11 fallow installation of the various
segments of the project as closely as is practicable. When, in the opinion of the
Ciiy's Project Manager, landscape restoration has fallen behind installation of the
segments of the project, the Project Manager may halt all construcrion work until .
restoration catches up.
E. Notify the City when the project is ready for finat 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 sha11 not relieve the Coniractor of its responsibility to canstruct the
project in full accord with the standards of the City. Nar sha11 inspection be deemed
to be supervision of the project, methods or means of performance, compliance with
consfixuction site safety requirements, or the Contractor's employees. �
B. All easements necessaty for the project have been obtained in the name of the City, �
accepted by the Projeet Manager, and recorded with ihe County Auditor. �
`�' Fox Crassing
Public Utilities Construction Agreement .
�� Page 5 of 7
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• C. Within thirty (30) days of final inspection, fiunish a complete sat of Mylar "As
built" drawings of the project improvements that have been prepared and stamped
� by the Design Engineer and a complete se# of electronic As built drawings, in
AutoCAD� 2000i.
D. Upon final approval of project construction by the City's Project Manager, the City
sha11 accept and approve a Deed of Conveyance of the project improvements for the �
Contractor on a form approved by the City Attorney. Approvai 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
projeot improvements.
(3) Commencement of utility services upon payment of service fees.
10. GENERAL CONDITIONS:
A. Reports and Information: When requested by the City, Coniractor shali fiunish �
periodic reports and documents on matters covered by this Agreement. The
reports and documents shall be furnished in the time and form requested.
Contractar shall maintain accounting records in accordance with Generally ►
Accep#ed Accounting Principles (GAAP) to substantiate all billed amounts.
� B. Entire A�reement: This Agreement and its E�chibits constitute the entire agreement
befween the Parties, and the Parties acknowledge that there are no ather 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 hereo£
C. Severabilitv: Should any part of this Agreement he found void, the baiance 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. Coinnliance with Laws: Coniractar sha11 comply with a11 applicable Federal,
State, and local laws in performing its obligations tznder this Agreement. .
G. Choice of Law and Venue: This Agreement shatl be interpreted according to the
laws af t�e State of Washington. Any judicial action to resolve disputes arising -
out of this Agreement sha11 be brought in Kitsap County Superior Court.
' � Fox Crossing
Public Utilities Construction Agreement ,
Page 6 of 7 �
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t 1. NUN-CQMPLI�,NCE/'I'ERMINATION: Cailure to con�ply with the terms of ihis I
a�ereemerit within 60 days tall�win� written natice by th� Project Manager shalt automaticaaty resuit
11] t�l� t�rit11t1AtiQ11 Of 'setvice and fbrfeiture of bnnds and shal! n�t rclieve the O►�ner �r Contractor
bfthe duty t� Camply �vith alt the ter,ns uf this abreemeni, payin� all sums due. �
12. SUCCESSQRS AND ASSIGNS: Th� City, O�vncr anc� Contractar each agree to be
baund t�� th� c�U�er p�rty in respeet t�a all c�vcnants, a�r�e�icnts, and obli�atians cant�tin�cl in this �
can,traet. Neitta�r party sll�ll assign ti�e cc��itract in part ar as a«j hale, without the written c.onsent �
v�the ather. �
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IN WITNESS WNERE4� the parties hereto have e!�ecuted this Contract tha daic �n.d
year indicated. �
���, �if�d� ►it/oods L�C �
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Nam ], [t tleJ c�lir, W�h��i� � date
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C'ontrRCtor �
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(Name], [title� date
CITY OF BREMERTON '
�' ;�---- _ z� �to
P�i�y L� , ayor dAte
D�parnnental Approva!
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uincei�t Akhiii�i�
I�i��ectar dt`Public W�rks �c�d Utifities
lo tonn:
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u� ich, Atiorn�y
Received far �'tin�:
,
Carol � en, C�ity.Clerl:
Fox CroSSin�;
Autatic Uti�ities Co►�sm�ciion A±:reemeni
�'a�;e 7 af 7
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