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HomeMy WebLinkAboutBOYS AND GIRLS CLUB 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 Boys and Girls Club ( "Owner "), and FPH Inc 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 Boys and Girls Club, 3102 Wheaton Way Owner is , 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 Boys and Girls Club ( "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 performance under this agreement Terms 1. DESCRIPTION OF THE PROJECT: Installation of Water Main The Owner has retained a licensed Professional Engineer registered in the State of Washington ( "Design Engineer ") who has designed the Project as Odin the approved plans and specifications attached ( "Plans ") 41,ow-%+ 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 protect and required by the Bremerton Municipal Code • Sewer Inspection $412.00 • Sewer General Facility Charge $17,560 62 • Water Main Extension Plan Check $244 00 • Water Main Inspection $477 00 • Fire Line Plan Check $98 00 • Fire Line Inspection/Meter $592.00 • Water Tap $2,860.00 • Water Connection Fee $4356 00 • Water General Facility Charge $20,084.00 • Storm Water Plan Check $349 00 • Storm Water Inspection $175 00 Bremerton/Contractor Public Utilities Construction Agreement Page 1 of 7 • Storm Water General Facility Charge $10,190 00 • Right of Way Inspection $350 70 Total: $57,74832 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 for inspection billed to the City by any government agency, including but not limited to the City of Bremerton, 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 2 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 Bremerton/Contractor Public Utilities Construction Agreement Page 2 of 7 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 ansing from the delinquency, from any payments due Contractor 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 : 1 6Kn Fin nt Name r111 Phone - 2 -3/77 Phone 36o - 6 Address ?w c.o.... ao Address /O 9 Oil . 5 a . 2 0 0 &- h Email 7mn b e f ax Email fax 766- .7 77•.?y6G G•++A • ca The Owner and Contractor warrant that their representatives ha 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 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 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 Wandling 345 6 Street Suite 600 Bremerton WA. 98337 Tel 360 - 473 -2351 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 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 Municipal Construction Bremerton/Contractor Public Utilities Construction Agreement Page 3 of 7 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 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 nustakes 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 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. 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 Manager 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 of the 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. Bremerton/Contractor Public Utilities Construction Agreement Page 4 of 7 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 personnel B No work shall be performed by the Contractor 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 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 belund 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 protect 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 protect 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, or the Contractor's employees. Bremerton/Contractor Public Utilities Construction Agreement Page 5 of 7 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 Auditor C. Within thirty (3 0) days of final inspection, furnish a complete set of Mylar "Asbuilf drawings of the project improvements that have been prepared and stamped by the Design Engineer and a complete set of electronic Asbuilt drawings, in Autocad® 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 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. Bremerton/Contractor Public Utilities Construction Agreement Page 6 of 7 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 ansmg out of this Agreement shall be brought in Kitsap County Superior Court 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 IL 03���—ac�l3 -�� Yl 1 v`ft &I VN P_. date Contractor date CITY OF BREMERTON Patty Le ayor i, da Departmental Ap roval Chal Martin Director of Public Works and Utilities A rov d o f Roger Lu ovich, Attorney R e ed fo Filing. -- Shannon Conn, City Clerk Bremerton/Contractor Public Utilities Construction Agreement Page 7 of 7