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HomeMy WebLinkAboutROBERT MATHWIG PUBLIC UTILITIES CONSTRUCTION AGREEMENT THIS IS A CONTRACT between the City of Bremerton, a first class murucipal corporahon of the State of Waslungton ("Crty") and Robert Mathwig ("Owner"), and FPH Construction Owner's contractor ("Contractor") It is effective on the date executed by all the parties Background A Owner is the owner of real property commonly known as Gorst Storage Owner is m makmg improvements to that real property Incidental to those improvements, Owner is required by the Crty to construct and dedicate for pubhc purpose utihty improvements known as Pressure Sewer Line ("Pro�ect") B Owner has selected Contractor to construct the Pro�ect C Owner sha11 remaui responsible and liable to the Crty for all aspects of the performance of tlus agreement mcludmg the concurrent responsibihty and hability for the Contractor's performance under tlus agreement Terms 1 DESCRIPTION OF THE PROJECT. The Owner has retamed a licensed Professional Engmeer registered m the State of Waslungton ("Design Engmeer") who has designed the Pro�ect as out m the approved plans and specifications attached ("Plans") Insta11555' of new 2" sewer ma�n along Highway 16 in Gorst The Contractor will physically construct the pro�ect providmg all performance of work, mcludmg 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 m advance the following fees and expenses associated with the pro�ect and required by the Bremerton Murucipal Code • Sewer plan check fee $ 366 00 � • Sewer mspechon fees $ 1087 80 Total: $ 1453 80 B The Contractor shall be responsible for obtaimng and paymg for necessary permits from other governmental agencies and shall be responsible for any addrtional costs for inspection billed to the Crty by any government agency, mcludmg but not limited to the City of Bremerton, Krtsap County, or the State of Waslungton Bremerton/Contractor Pubhc Utilities Construction Agreement Page 1 of 7 C The Owner shall pay all costs associated with easement acquisrtion and msurmg title to the properties D The Contractor shall post with the City Treasurer a Performance Bond pnor to construction and a Warranty Bond upon completion of the work The bonds shall be posted m the amounts as follows Performance Bond (1) One hundred and fifty percent (150%) of the Design Enguieer's estimated cost of construction, as approved by the City, for all work occumng withm pubhc nght-of-way or on City Property and/or 20% on pnvate property Warranty Bond (1) Twenty percent (20%) of the actual cost of construction — E The bonds shall provide the followmg (1) The Contractor shall complete the pro� ect m accordance with good and accepted engmeeruig and construction practice (2) The Contractor shall comply with all the tertns of this agreement (3) The Contractor shall fully comply with all requ�rements of law m carrymg out the pro�ect, and shall comply with all lawful requ�rements imposed by any agency with �unsdiction relatmg to the pro�ect (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 pro�ects agamst defects in workmanship and materials (5) The bond must be approved by the City's Risk Manager and may mclude one or more surety bonds issued by any surety company that is licensed to do busmess m the State of Waslungton and meets the Crty's Risk Managers rahng cntena The Surety bond may be substituted by a cash deposit m the full-requ�red amount deposited with the City Treasurer or an urevocable and unrestncted assignment of funds on deposit m a licensed bank or credit umon, m the full-required amount F Contractor shall possess a current Bremerton Busmess License and regulatory licenses required to fulfill Contractor's obligations under this contract As an mdependent contractor, Contractor is responsible for payment of all taxes and licensmg fees necessary to perform its obhgations under this Agreement These taxes and fees mclude but are not limited to State mdustnal msurance, B&O, and City business licensmg If any taxes or fees due the City have been declared delinquent, Contractor, by this agreement, assigns any payrnents due under this contract to the City Clerk for payment of such taxes The City may also wrthhold the delmquent amount, plus any additional charges ansmg from the delmquency, from any payments due Contractor 3 REPRESENTATIVES The Owner and Contractor hereby name the followmg persons as the representative of the Owner and Contractor for all purposes requ�red by this agreement Bremerton/Contractor Pubhc Uhhties Construction Agreement Page 2 of 7 Owner Contracto��st2c7e�r � Name Robert Mathwi Name �s�ictierr Phone � � Phone Address b b ! -� I Address � A1 L� IZ,. Emaal uJl � Emaal �22+ ax The Owner and Contractor warrant that the�r representahves have full authonty to bmd them m all respects requ�red by this agreement, and all applicable government requ�rements imposed by any agency with �urisdichon The City hereby designates Paul WandLng of its Department of Pubhc Works and Utilrties as its Pro�ect Manager and warrants that the Pro�ect Manager has full authonty to exercise such discretion as does the D�rector of Public Works and Utilities under the ardmance of the City for purpose of carrymg out the terms of this agreement Notices shall be in wntmg 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 ATTN Paul Wandlmg 3027 Olympus Dr Bremerton WA 98310 � Tel 360-473-2351 4 PROJECT DESIGN The Owner will retam a Design Engmeer who shall design the pro�ect, prepare the necessary plans, and provide construction engmeermg to the extent reasonably necessary The Owner shall use the followmg up to date standards for draftmg, design and construction of the pro�ect Deviahon from City standards will not be accepted • Standard plans and specificahon provided by the City • Bremerton Utilities Development and Construction Standards • Waslungton State Department of Ecology's Stormwater Management Manual for the Puget Sound Basm • American Waterworks Association Standards • Waslungton State Department of Transportation's Standard Specifications for Road, Bndge, and Mumcipal Construction 5 PUBLIC WORKS PROJECT PERMIT: The City's Pro�ect Manager will review the pro�ect design, plans, and specifications, and when sahsfied the work is m accordance with City standards, shall approve the plans by stampmg and sigmng four (4) copies of the plan sheets The Crty reserves the nght to require modification of the plans at the Contractor's expense m the event of errors or mistakes m the drawuigs, or if new mformation becomes available which requires a change m the plans to properly accomplish the pro�ect Plan changes mitiated by the Contractor must be approved m wrrtmg by the Crty's Pro�ect Manager pnor 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 Pro�ect Permit upon completion of the followmg Bremerton/Contractor Pubhc Utilities Construction Agreement Page 3 of 7 • Construction Plans and Specifications have been approved by the City's Pro�ect Manager • Deposit of advance cash deposits as stated ui this agreement with the City Treasurer • Approved bonds posted with the City Clerk • Proof of msurance approved by the Risk Manager • A copy of the City or County nght-of-way permit submitted to the Utility 6 INSURANCE AND INDEMNITY The Contractor shall provide liability and property damage msurance covermg all work under this agreement for construction withm the pubhc nght- of-way, mcludmg all work provided by Sub-Contractors Said msurance shall name the City of Bremerton as addihonal msured and provide the followmg limits - Bodily m�ury, $2,000,000 00 each person, - $2,000,000 00 each accident, - Property damage, $500,000 00 Evidence of such msurance shall be provided to the City's Risk Manager pnor to issuance of the Public Works Pro�ect Permit Insurer shall provide the City's Risk Manager with 30 days' wntten notice of any cancellation or change of coverage of the policy Contractor agrees to defend, mdemmfy, and hold harmless the City and its officials and employees from and agamst all liability, loss, damages, and expenses, mcludmg costs and attorneys' fees, resultmg m whole or in part from actions, claims, and lawsuits ansing or alleged to have ansen, m whole or in part, out of or m consequence of the acts or failures to act of Contractor, rts employees, its subcontractors, its agents, or rts assigns m the performance of this Agreement T'he City and Contractor have specifically negotiated Contractor's waiver of rts immumty under Title 51 RCW, which is hereby waived for purposes of Contractor's mdemmfication and hold harmless of the City, mcludmg the duty to defend This provision shall be mapplicable to the extent such achon, claim, or lawsurt is �udicially found to anse solely from the acts or failures to act of the City The provisions of this section shall survive the termu►ation or expirahon of this agreement 7 PROSECUTION OF WORK A Construction of the pro�ect shall be mitiated by the Contractor withm one (1) year of execution of this agreement or withm 30 days of issuance of the Pro�ect Permit, whichever shall sooner occur Failure to begm work withm the one-year limit shall result m forfeiture of ali nghts under the agreement regardless of any other provisions of this agreement B T'he Contractor agrees to contmuously pursue work and complete the pro�ect withm six (6) months of permit issuance 8 ADDITIONAL CONSTRUCTION WORK REQUIREMENTS• The Contractor m addition to other duties mcluded m this agreement shall comply with the followmg A Schedule system connections with the Pro�ect Manager and meet all requirements for the connection and testmg of their improvements m the presence of the City's Bremerton/Contractor Pubhc Uhlrties Construction Agreement Page 4 of 7 authonzed representative Ma�or system connections to the City's system shall not be authonzed on Fndays Subsequent operation of system valves must be performed by City personnel B No work shall be performed by the Contractor other than Monday through Fnday between 7 30 a m and 6 00 p m, exclusive of City hohdays, except with written pnor consent of the City' Pro�ect Manager If consent is given by the City's Pro�ect Manager for work on Saturday, Sunday or holidays or before or after the normal workmg hours above, the Contractor shall pay to the City the reasonable cost of furnishmg the requ�red mspection and supervision durmg said penods C Remove and correct at the expense of the Contractor any improvements not authonzed or constructed m compliance with the Urilities Development and Construction Standards D Restore all public and pnvate property disrupted by the mstallation of the pro�ect to its onguial condition upon complehon The ent�re �ob site will be mamtamed m a neat and workman lilce appearance The Contractor will provide landscape restoration mcludmg sod, seedmg or barkmg as may be requ�red by the City's Pro�ect Manager Landscape restoration shall follow mstallation of the various segments of the pro�ect as closely as is practicable When, m the opmion of the City's Pro�ect Manager, landscape restoration has fallen behmd mstallation of the segments of the pro�ect, the Pro�ect Manager may halt all construction work until restoration catches up E Notify the City when the pro�ect is ready for final mspection and approval by the Ut�l�ty 9 INSPECTIONS AND FINAL ACCEPTANCE A The City will provide penodic rospection durulg construction to ensure that the work comphes with plans and City Uhlities and Construction Standards Inspections by the City shall not relieve the Contractor of its responsibility to construct the pro�ect m full accord with the standards of the City Nor shall mspection be deemed to be supervision of the pro�ect, methods or means of performance, comphance with construction site safety requirements, or the Contractor's employees B All easements necessary for the pro�ect have been obtauied m the name of the City, accepted by the Pro�ect Manager, and recorded with the County Auditor C Wrtlun tlurty (30) days of final mspection, furrush a complete set of Mylar "As built" drawmgs of the pro�ect improvements that have been prepared and stamped by the Design Enguieer and a complete set of electromc As built drawmgs, m AutoCAD� 2000i Bremerton/Contractor Pubhc Utihties Construction Agreement Page 5 of 7 D Upon final approval of pro�ect construction by the City's Pro�ect Manager, the City shall accept and approve a Deed of Conveyance of the pro�ect improvements for the Contractor on a form approved by the City Attorney Approval of the deed shall constitute completion of the pro�ect for the purposes of (1) Computmg the guarantee period requ�red by this agreement for bondmg (2) Commencement by the City of its usual and customary mamtenance of the pro�ect improvements (3) Commencement of utility services upon payment of service fees 10. GENERAL CONDITIONS A Re�orts and Information When requested by the City, Contractor shall furnish penodic reports and documents on matters covered by this Agreement The reports and documents shall be furnished in the time and form requested Contractor shall mamtam accountmg records m accordance with Generally Accepted Accounting Pnnciples (GAAP) to substantiate all billed amounts B Entire A�reement This Agreement and rts Exhibits constitute the entire agreement between the Parties, and the Parties acknowledge that there are no other ageements, wntten or oral, that have not been set forth m the text of this Agreement The section headmgs and article titles of this Agreement shall have no effect upon the construction or mterpretation of any part hereof C Severabilitv Should any part of this Agreement be found void, the balance of the Agreement shall remam m full force and effect D Modification This Agreement may only be modified by wntten mstrument 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 nght or power ansmg out of this Agreement shall not be deemed waiver of any other nght or power F Compliance with Laws Contractor shall comply with all applicable Federal, State, and local laws in performmg its obligations under this Agreement G Choice of Law and Venue This Agreement shall be mterpreted accordmg to the laws of the State of Washmgton Any�udicial action to resolve disputes ar�smg out of this Agreement shall be brought m Kitsap County Supenor Court 11 NON-COMPLIANCE/TERMINATION Failure to comply with the terms of this agreement withm 60 days followmg written notice by the Pro�ect Manager shall automatically result m the termmation 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, pa}nng all sums due Bremerton/Contractor ' Pubhc Urihties Construcrion Agreement Page 6 of 7 � 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 contamed in this contract Neither party shall assign the contract m 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 mdicated Ow fp=,�� .Zb/b iame], [title] date Contractor � CN,Fr t��►�°�'' !a Z7 2v/o [name], [title] d te CITY OF BREMERTON � � �L � l2. �� �O10 Patty Le May r dat Departmental Approval � Vmcent Akhimie, Director of Public Works and Utilrties � ov to form �o� ubov , Attorney Rece ved for Filmg Carol Etg n, City Cle Bremerton/Contractor Public Utihhes Construcrion Agreement Page 7 of 7