HomeMy WebLinkAboutBREMERTON HOUSING AUTHORITY PUBLIC UTILITIES CONSTRUCTION AGREEMENT
THIS IS A CONTRACT between the City pf Brcmerton, a first class municipal
carpor�t�on of the State of Wastungton ("City") and Bremerton Housmg Authority ("Owner"),
and Iios Brathers Constrvction Inc, Owner's contractar ("Contractor") It is effect�ve an the
date executed by alt the parties.
Backgronnd
A Owner is the owner of real properry commonly known as Bay ��sta. Owner �s m making
tmprovements to that real pmperty Incidental to those �mprovements, Owner �s required by the
C�ty to construct and ded�cate for pubhc purpose uhhry �mprovements known as RusseU Road
Water Mauu {"Pro�ect"�
B Owner has selected Contractor to con�tnict the Project
C Owner shall r�main responsible and liable to the Crty for ail aspects �nf the pexformance af
th�s a�reement tncltidm� the concurrent responsibility and hability fox the Contractor's perFormance
under ttus �greement
Terms
Y. DESCRIPTION OF THE PROJEGT: The Own�r has reta�ned a hcensed
Profess�onai En�neer registered in the State of Washwgton ("D�sign Engineer") who
has des�gned the Proj�t as out in the approved plans and specif`ications attached
("p�")
Insta11750 feet of 8" duct�le iroa water main and assoctated �thngs
The Contractor will physically construct the pm�ect providmg all performance of wortc,
including all labor, matenais, transgartat�on, equ�pment, supplies, and services necessary for and
r�asonably incidental to the camplet�on of all work as set out in the Plans
2. FEES AI�iD EXPENS�S:
A The Ovmer agre� to pay in advance the fallowing fees and expenses associated
with the pro�ect and reqwred by the Bremertan Municipal Code•
�• Water plan check fe� $ 244 Qt?
• Water mspect�on fees $ 945 00 �'C�
• �1�5`�
• Tota1: $1,189 00 �
B The Contractor shall be responsible for obtammg and payu�g for necessary permits
from ather gaveminent�l agencies and shall be respons�ble for any addihonal costs
BrEmertonlContractor
Pub6c Utdit�es Consauct�on Agretment
Page 1 of 7
for �pection billed to the C�ty by any government agency, mcluding but not lumted
to the Crty of Bremerton, Kitsap County, or the StaLe af Washington
C The Owner shall pay all costs as�ociated v+nth easement acywsihon and insunng ritle
to the propert�es
D ?°he Conttactor shall post witi� ihe City Treasurer a Perfonnance Bond pnor w
canstruct�on and a Warraaty Bond upon compledon of the w+ork The bonds shall tre
posted in the �naow�ts as follows
Performunce Bond
(1) One hundred and fifty percent (150°10) of the Design Eng�neer's esnmated
ct�st of canshvc�ion, as approved by the City, fort all work occumng within
pubhc nght-of-way or on Criy Property and/or 24% on pnvate pmperty
Warranry Bond
(1) Tw�nty percent (20%) of the actual cost of construct�on
E The �n+ds shall pravrde the followuzg
(1) The Cantractor sh�ll complete the pro�ect m accordanc� with good and
accepted engineer�ng and construct�on practice
(2} The Contractor shall comply wnth alt the tera�s of tlus agreement
(3) The Contractor sha11 fully compty w�th all requirements of Iaw m cazrying
out the pro�ect, and shall comply with all Iawful requirements imposed by
any agency anth��msdiction relatwg to the pro�ect�
(4) The V►�arranty Bond shall be effect��e for two yeais after completian of
canstruct�oa unless affirmatively releas�d soaner by the Crty, and shall
guarantee the completed pro�ects aga�nst defect� m workmanslnp and
matenals
{5) The bond must be approved by the Caty's Risk A�Iansger and may �nclude
one or more surety bonds issued by any surety campany that is hcenseci to do
bus�ness m the State of WaShutgton and meets the Crty's Risk Managers
rating cnter�a. The S�+ety bond may be subsUtut� by a cash deposit in the
full-requu+ed amount depos�ted with the Criy Treasuner or �ut u�.wocable and
unrestricted ass�gnment of funds on deposit m a ltcensed bank or cred�t
iuuon, in the full-r�u�red amount
F Contractor shall passess a current Bremerton Business L�cense and regulatory licenses
requu�ed to fulfill Cantractor's obhgabons under this contract As an mdependent
contractor, Contractor is respansible for payment of ail t�ces and licenstng fees
aecessaiy to perform its obLgahons under th�s Agreement These taxes and fees
mclude but ar+e not luruted to State tndustnal wsurance, B&p, and City busm�ss
hcensing. If any taxes or fees due ihe Criy have been deciared delmquent, Contractoc,
by t�us agreement, ass�gns atty payments due under tPus contract tt� the �rty Clerk for
payment af such taxes The City may alsa withhold the dehnquent amount, plus any
addrtional charges arising from the dehnquency, f�c�m any payments due Contractor
Bremerton/Contractor
Public Uhlttres Conswct�on A�neement
Page 2 af 7
3. REPRESENTATIVES: The Owver and Contractor hereby name the foUowmg
gersons as the representatrve of the C)wner and Corrtractor for all purposes ret�wr�d by
th�s a�reement
Owner Contractor
11Ta�ne M lyi� �P..e��.c� t.� Name �kV��l�t.� `�o�C��i2_.�
Phane -� C� Phone - SS �
Address a f� v ddress ` W, �T! . cXX� �� �✓ aG�-m
Ema rnb�ou� �° �mai! 05 ` ax �k �-�do3`�
�M� r wazrant that theu representat�ves have full authonty to bind
them m alI respects requireci by s a�reement, and all appl�cable govemment requirements
imposed by any agency v�nth�unsdict�on The City hereby designabes Paut W�nndling of �ts
Department of Public Works and Uhlihes as rts Pm�ect Manager and warrants that the P%�ect
lvianager has full authanty to exercise such d�scretian as does the D�rector of Public Works and
Uhlities under the orduiance af the C�ty for purpose of carr�ru� out the ternis of tivs agr�emen�
Notices shall be �n wrtung and dehvered by gersonal service or �rst class maul to the
above addresses far the Contractor and Qvmer, and for the C�ty they shall be delivered to
Crty Address
City of Br�merton
ATTN° Paul Wandling
3427 Olympus Dr
Bremerton WA 98310
Tel 3d0-473-2351
4. PRUJEG°T DESIGN: The Owner wilI retatn a D� Eng►neer who shall design the
pra�ect, prepare the necessary plans, and provide construct�an engineenng to the extent reasonably
nec�sary
The 4w�ier shall use the follovv�ng up to date standards for drafling, design and oonstrucuon
ofthe proaect D�viatian fmm G�ty standards will not be accepted
• Standard plans �nd specLficafi�on prov�ded by the City
• Bremerton Uhhhes Development and Construction Standards
• Wastun�ton Stete Depardment of Ecology's Stormwater Management Manual for
ihe Puget Sound Bas�n
• Amencan Watervvorks Associat�on Standards
• Washu�gton State riepartmeni of Transportahon's Standard Specificauons for Road,
Bndge, and Mutucipal Construction
5. PUBLIC WORKS PROJECT PERMIT: The City's Project Manager w+ttll review the
project design, plans, �nd spectfications, and when sat�sfied the work is in accordance vv�th C�ty
standards, shatl approve the plan� by stampm� and sigrnng four (4} copaes of the plan sheets The
City reserves the n�,ht to re�wre modificat�on of the plans at the Contractor's expense m the event
of errors or mistakes in the drawu�gs, ar if new mfonnat�an bect�mes �va�lable which reqwres a
c�ange m the plans to properly accomplish the pro�ect. Plan changes u�rtiated by the Contractor
�reroertondContractor
Pubuc Uhutres Consbuchhon Agrcement
Page 3 of 7
must be approved �n wriUng by the C�ty's Project Manager pnor to cornmencement ar alterahon of
the work Proposed plan changes shall be accompuued by an estunate of value
The City will issu� a Pubhc Works Pro�ect Perm�t upon completion afthe followin�
• Cunstrucbon Plan� and Specificat�ans have been approved by the City's Proje�t
Manager
• Deposit of �dvance cash deposrts as stated m th�s agreement v►nth the Ciry Tmasurer
• Approved bonds posted r�nth the Gity Clerk
• Froof of msurance approved by the Risk Manager
• A copy of #he City or County nght-of-way permrt subtn�tted to the Ut�lrty
6. INSURANC"E AND INDEMNITY: The Contiactor shall provide liab�lfty and property
dam�ge msurance cover�ng all work under tlus agreement for construcban r�nthin the public aght-
of-way, �acluding all work provided by Sub-Contractors Said insurance shall name the City of
Bremerton as addmonal uisured and provide the follow�ng lun�ts
- Bodily m�ury, $2,00O,OOp OQ each person,
- $2,fl0�,U00 00 each accident,
- Property damage, $SOO,OUO 00
E�idence of such msw�wce shall be provided to the Crty's R�sk Manager prior to issuance
of the Public Works Project Permit Insurer shail pr+ov�de the City's Risk Manager with 30 days'
wntten noUce of any cancellatian or chan�e of coverage of the poLcy
Gontractor �grees to defend, indemitify, and hold harmless the City and �ts afficials and
employees from and against all habihty, loss, damages, and expens�s, includuig costs and
attomeys' fees, resulting in whole or m part from act�ons, claims, and lawsurts ar�sing or aileged
to have ansen, m whole or m part, out of or in consequence af the acts dr fa�lures to act of
Contractor, its emplayees, its subeontractors, rts agents, or its ass�gns m the performance of this
Agreement The City and Contractor have spec�fically negotiat�ed Contractor's waiver of �tS
�mmunity� under Title 51 RG W, which �s hereby waived for purpases of Centractor's
indemnification and hold harmless of the City, mcludmg the duty to defend Th�s provtston shall
be inapplicable to the extent such act�on, cla�m, or lawsu�t rs�udicially found to arise solaly frorn
the a+cts or failures to act of the Gity T6e prov�sions of this seetion shaU survive the
termination or expiration of this agreemen�
7. PROSECI�ITTION OF WORK:
A. Construchon of the pro��ct shall be uuhated by the Contractor vv�tlun one (1) year of
execution of th�s agreement or within 30 days of issuance of the Project Perrnit,
wh�chever shatl saoner occur Failure to begin work ranth�n the one-year lumt s}�,all
r�esult �n forferture of all nghts under the agreement regardless of any other
provis�ans of thts a�eement
B The Contractor agrees to com�auously pursue work �nd cdmplete the pro�ect withui
six (6) months of permit issuance
8. ADDITIQNAL CONSTRUCTION W4ItK REQUIREMENTS: The Comcactor in
addiuon to other duti�s ittcluded in this ag�reement shal! comply v�nth th�e followtng
BremertanJCaavactar
Publ�c Unl�hes Consitruction Agreement
Page 4 of 7
A Schedute system connecUons wrth ihe Pro�ect Manager and meet all requ�+emeats
for the connechon and testmg af the�r amprovements m the presence of the Crty's
authonzed representahve Ma�or system connectio� to the C�ty`s system shaU nat
be auttwr�zed o� Fr�da�+s Subsequent operation of system valves must be performed
by City personnel
B No work shall be perfarmed by the Conbractor other than Monday through Fnday
b�tw�a 7 30 a m. and 6 00 p m., euclustve of Crty holidays, except anth written
pnor consezut of the G`�ty' Pro�ect Manager Tf eonsent is g�ven by the Crty ProJect
Manager for work on Saturday, Sunday or hohdays or befare or aftee the narmal
workuig hours above, the Contractor sha1I pay to the C�ty the reasonable cost af
fiuYUShm� the requued u�spect�an and supervision during �d penods
C Remove and carrect at the expense of the Contractor any improvements noi
authonzed or constructed �n compl�ance wtth the Utilyties Development and
Construcuan Standards
D Restore all public and pnvate property dis�vpted by the mstallatton of the pro�ect to
rts on�,nnal condic�on upon complebon The ent�re�ob srte w711 lae mamt�ted m a
ne�t and workman lslce appearance The Contractor will provide landscape
restoration includmg sod, seed�z�g or bark�ng �s may be requir�d by the Criy's
Pro��ct Manager Landscape restoration shall follow installat�on of the vanovs
segments of the proaect as closely as is pracUcable When, m the opuuan of the
C�ty's Froject Manager, landscape restoratyon has fallen behind tnstallahon of the
segments of the proJect, the Pro�ect Mana�er may halt all cons�uct�on w�rk tu►Ul
r+estt�rahon c�tches up
E Not�fy the City when the pno,�ect �s ready for final inspect�on and app�oval by the
Utilrty
9 iNSPECTIONS AND FINAL ACCEPTANCE:
A The C�ty wxll provide penodic rospection dunr�g coastructtan to ensure that the
work evmphes v�th plans and City Uhlthes and Construction Standards In�pections
by the City shall not relieve the Contractor of its respottsibiltty to construct the
pro,ect m ful! accord wrth the standards of the City Nar shall inspecu�n be deemed
ta be supernsion of the pmject, methads or means af performance, compliance with
consttvction site safety requuements, ar the Contractar's employees
B �,11 easements necessary for the pro�ect have been ob�ned �n ihe name vf the Crty,
accepted by the Project Mana�er, and recorded vv�th the Goumy Auditor
C Wrtrun tlurty {30) days of final inspechon, furrush a complet� set of Mylar "As
bwlt" drav+nngs of the pro�ect unprovements thai have been prepared and stampad
Bremenon�'Contractor
Publ�c Utilit►es Construction A�nent
Page S of 7
by the Des�ga Engine�r and a complete set of electroruc As bu�lt drawulgs, m
AutaCAD� 200�i
D Upon final appr+oval of pro�ect construction by the City's Fro�ect Manag,er, the Gity
shall accept and appmve a Deed of C,onveyanc� of the pro�ect unprovements far the
Contractor on a form appmved by the City Attorney Approval of the deed shall
constrtute campletion of the pro�e�t for the purposes of
{ 1) Gomputing the guarantee period requir�d by thLS agreement for bonding
(2) Comrnencement by the City af its usuaJ and customary maintenance of the
pro�ect improvements
(3) Commencement of utihty sernces upon payment of service fees
10. G�NERAL CONDITIO�iS:
A Reparts and Infortnat�on When requested by the Crty, Contractor shall funush
penodic reports and dvcuments on matters cavered by th�s Agreement The
reports and doctunents shall be fumished in th� tune and furm requested
CQatcactor sh�ll ma�ntam account�ng records �n accardance w�th Generally
Accepted Accounting Principies (GAAP) to substantiate all bilied amounts
B gntue A�reement_ Tlus Agreement and its Exhibits consUtute the enttre agreement
between the Parhes, and the Pazhes acknowledge that there are no other agreernents,
wntten or aral, that have �ot been set forth in the text of tlus Ap,teement The section
headin,gs and article tides af ttus Agreement shall have no effect upon the construcbon or
interpretahon of any part hereaf
C Severabilitv Should any part of tlus Agreement be found �oid, the balance of the
Agreement sha11 mmam in full forc� and effec�
D Modification Th�s Agreement may only be modified by wmtten �nstrument stgned
by both Partaes
E Waiver Failure to enforce any provision of t}us Agreement shall not be deemed a
waiver of that pro�ision W'aiver of any nght ar power arising out of thys
Agreement shall not be deemed warver of any other nght or power
F Comphance vv�th Laws Gontractor shail comply vv�th all appLcable Federal,
State, and locallaws in performmg i�s obligations under tlus Agreement
G Choice of Law and V�nue Tl�us Agreement shall be snterpreted according ta the
laws of ihe State af WashingWn Any �udicial action to resolve disputes ansing
out of th�s Agreement shall be brought in Kits�p County Supenor Court
BremertoNContraMor
Public UUl�es Construcuon A�,reemem
Page G of �
11. NON-CQMPLIANCFJfER.MINATIQN. Fa�lure to comply vv�dl the terms of this
agre�rnent within 6U days fallowulg wntten not�ce by the Pro�ect Ma�ger shall automai�caliy resuit
in the termin$f�on of serv�ce and forfeiture ofbonds and shall not relieve the Qwner pr Co�tra�ctQr
of the duty to comply with ail the tern�s of tlus a,gneement, paying all sums due
12. S�JCGESSURS AND ASSIGNS: The City, �wner and Contractpr each agree to be
bound to the other party in respect to aIl co�venants, agreements, and obligations conta�ned in this
contract Nerther garty shall sssign the contract in part or as a whole, without #he wntten consent
of the other
IN WlTNESS WHEREOF the parties hereto have executed tlus Contract the date and
year indic�ted
Owne�
�— �� � /D
e], [t�tle] date
ur VU�Qs�, E��w�,�c. D, ru,�
Cont or
��-� �� I l I b
���� ��c� ��'m�
CITY OF BREMERTON
� �2- �-�v
Patty Len ayor date
Departmental Approval
..�.-
Vincent Akhimie,
D�rector af Public Works and Ubhhes
form
��� �
o er Lub ich, �ttorney
Received far Fihn
C�rot E en, ity Gl rk
Bremcrtonl'Contractor
Publ�c Ut�I�ttes Consavcqon Agreemera
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