HomeMy WebLinkAboutPORT OF BREMERTON U
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 Port of Bremerton ( "Owner "), and
Tucci & Sons Owner's contractor ( "Contractor "). It is effective on the
date executed by all the parties
Back round
A Owner is the owner of real property commonly known as Basin 7 Industrial Park.
Owner is in making improvements to that real properly Incidental to those improvements,
Owner is requited by the City to construct and dedicate for public purpose utility improvements
known as N.E. Campus ( "Pioject ")
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 Protect as out in the approved plans and specifications attached
( "Plans ")
NE Campus, Basin 7 Industrial Park & Regional Storm Control Facaht dtd 5/25/12
The Contractor will physically construct the protect providing all peiformance 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 ptoject and required by the Bremerton Municipal Code
• Sewer plan check fee $ N/A
• Sewer inspection fees $ N/A
• Storm plan check fee County assessed fees
• Storm Inspection fee- $3207 00
• Water plan check fee $ 435 00
• Watei inspection fee $ 1935 00
• Street plan check fee $ 21$ 75
• Street Inspection fee $ 4593.75
Total: $10,39025
Bremerton /Conti actor
Public Utilities Construction Agreement
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B The Contractor shall be responsible for obtaining and paying for necessary permits
from other governmental agencies and shall be isponsible for any additional costs
for inspection billed to the City by any government agency, including but not limited
to the City of Biemerton, Kitsap County, or the State of Washington.
C. The Owner shall pay all costs associated with easement acquisition and msurrng title
to the properties
D. The Contractor shall post with the City Treasurer a Performance Bond pi for 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 consti action, as approved by the City, for all work occurring within
public right -of -way or on City Property and /oi 20% on private property
Warranty Bond
(1) Twenty percent (20 1 /o) of the actual cost of consti uction
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 Contracctoi 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 jui isdiction ielating to the protect
(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 piolects against defects in workmanship and
mateiials
(5) The bond must be approved by the City's Risk Managei and may include
one of more surety bonds issued by any suiety 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 of an irrevocable and
unrestricted assignment of funds on deposit in a licensed bank of credit
union, in the full - required amount
F. Contractor shall possess a current Bremerton Business License and regulatory licenses
tequlied 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 fol
Bremertoii/Contractor
Public Utilities Construction Agreement
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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. REPRESENTATIVES: The Owner and Contractor hereby name the following
persons as the representative of the Ownei and Contractor foi all purposes required by
this agreement
Owner Contractor
Name Port of Bremerton Name Tucci & Sons
Phone 3 60.674.2381 x 17 Phone 253.922.6676
Address 8850SW State Hwy 3 Br em WAddress 4994 Wallpr Rd R Tarnma W
Email freds @port9Lkremerton.org Email dglover@tucc:Landsop.com
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 requiements
imposed by any agency with jurisdiction The City hereby designates
Paul W andhng of its Depar bnent of Public Works and Utilities as its Protect
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
ATTN Paul C. Wandhn P.E.
3027 Olympus Dr
Bremerton WA 98310
Tel. 360- 473.2351
4. PROJECT DESIGN: The Owner will retain a Design Engineer who shall design the
protect, prepare the necessary plans, and provide construction engineering to the extent 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 Muntcipal 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
Bi emertonlContractor
Public Utilities Constivction Agieeinent
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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 enots of mistakes in the drawings, or if new information becomes available which requires a
change in the plans to properly accomplish the pioject Plan changes initiated by the Contractor
must be approved in writing by the City's Project Manager prioi to commencement of alteration of
the woik 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
• Consti uetion Plans and Specifications have been approved by the City's Project
Managei
• Deposit of advance cash deposits as stated in this agreement with the City Treasuter.
• Approved bonds posted with the City Clerk
• Pioof of insurance approved by the Risk Manager
• A copy of the City of County right -of -way permit submitted to the Utility
b. INSURANCE AND INDEMNITY: The Contiactor shall provide liability and pioperty
damage insurance covering all work under this agreement for construction within the public right -
of -way, including all work provided by Sub - Contractors. Said insuiance shall name the City of
Bremerton as additional insured and piovide 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
of the Public Works Project Permit Insuier shall provide the City's Risk Managei 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 of in part from actions, claims, and lawsuits arising or alleged
to have arisen, in whole of in part, out of of 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 of within 30 days of issuance of the Project Permit,
whichever shall sooner occui Failure to begin work within the one -year limit shall
result in for feiture of all tights under the agreement regardless of any other
provisions of this agreement
Bremerton /Contractoi
Public Utilities Construction Agreement
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B. The Contractor agrees to continuously pursue work and complete the project within
six (6) months of permit issuance
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 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 peisonnel
B. No work shall be performed by the Contractot other than Monday through Friday
between 7.30 a.m and 6 00 p in , 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 of 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 per rods.
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 balking 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 Managet, 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 Constriction 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 shall inspection be deemed
to be supervision of the project, methods or means of performance, compliance with
construction site safety requirements, of the Contractor's employees.
Bi enierton /Contractor
Public Utilities Construction Agieement
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B All easements necessary for the project have been obtained in the name of the City,
accepted by the Project Manager, and recorded with the County Auditoi
C. Within thirty (30) days of final inspection, furnish a complete set of Mylar "Asbuilt"
drawings of the project irnpiovements that have been prepared and stamped by the
Design Engineer and a complete set of electronic Asbuilt drawings, in AutocadO
20001.
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 Attoi ney Approval of the deed shall
constitute completion of the project foi the purposes of
(1) Computing the guarantee period requited by this agreement for bonding
(2) Commencement by the City of its usual and customary maintenance of the
ptoject improvements
(3) Commencement of utility services upon payment of service fees
10. GENERAL CONDITIONS:
A Reports and Information When requested by the City, Conttactol 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 Ag_reeme~nt: This Agreement and its Exhibits constitute the entire agreement
between the Parties, and the Parties acknowledge that there ate 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 consti uetion of
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
Bi emerton /Conti actor
Public Utilities Constriction Agreement
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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
11. NON - COMPLIANCE /TERMINATIION: failure to comply with the terms of this
agreement within 60 days following written notice by the Pioject Manager shall automatically result
in the termmation of service and forfeiture of bonds and shall not relieve the Owner or Contractoi
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
yeas indicated
Owne
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[name] IItitle] date
Tim �'homson, CEO
Cont ractor
1 1
1- {U ZO{Z
(naMe] ,[t1A yI1V0 I 0 I date
- PRESIDENT
VICE
CITY OF BRE MERTON
9 -21-- Y
Patty LentWal date
De77 proval
-- Cat*,4gC2T CNA 1-
Director of Public Works and Utilities
Aul2roved s to form,
R Lubovrch, Attorney
Received for Piling.
Bi emei ton /Contractor
Public Utilities Construction Agreement
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Shannon Colin, City Clerk
B i emerton/Conti actor
Public Utilities Construction Agieement
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