HomeMy WebLinkAboutBJC GROUP DocuSign Envelope ID: F3A86DD9-CC5D-4A76-B464-9FCC56AF4235
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 KITSAP COMMUNITY RESOURCE
CENTER("Owner"), and BJC Group, 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 2115 E 19th St, parcel
number 132401-1-087-2006 and adjacent parcel number 132401-1-088-2005 . 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 KCR Manette Short
Plat RCD, Site Development Permit BD22 00011 ("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: The Owner has retained a licensed Professional
Engineer registered in the State of Washington("Design Engineer")who has designed the Project as
set forth in the approved plans and specifications attached ("Plans"):
Site Development includes subdividing two parcels totaling 0.9 acres into nine single-family
residential lots. The developer will install utility infrastructure which includes approximately 324
feet of 8-inch ductile iron public water main with one (1)fire hydrant and associated water system
appurtenances. Sewer service installation will include 476 feet of 8-inch PVC public sewer main,
2 manholes, and associated sewer system appurtenances. A private stormwater management
system will be constructed on the site.
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 Project and required by the Bremerton Municipal Code:
• Sewer plan check fee $ 460.00
• Sewer inspection fees $ 1,643.70
• Water plan check fees $ 460.00
• Water inspection fees $ 605.00
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Bremerton/BJC Group,Inc.
Public Utilities Construction Agreement
Rev. 09 2022
DocuSign Envelope ID: F3A86DD9-CC5D-4A76-B464-9FCC56AF4235
• Storm plan check fees $ 720.00
• Storm inspection fees $ 1,313.50
Total: $ 5,202.20
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 cost
of construction, as approved by the City,for all work occurring within public right-of-way or on City
Property and/or twenty percent(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 include but are not limited to State
industrial insurance, B&O, and City business licensing. If any taxes or fees due to 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
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Bremerton/BJC Group,Inc.
Public Utilities Construction Agreement
Rev. 09 2022
DocuSign Envelope ID: F3A86DD9-CC5D-4A76-B464-9FCC56AF4235
amount, plus any additional charges arising from the delinquency, from any payments due to
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: Kitsap Community Resource Center Name: The BJC Group, Inc.
Phone: 360.478.2301 Phone: 306.895.0896
Address: 845 8`h St, Bremerton, WA 98337 Address:P.O. Box 2030 Port Orchard, WA 98366
Email: Email: rbaglio@bjcgraup.com
The Owner and Contractor warrant that their representatives have full authority to bind them
in all respects required by this agreement, and all applicable government requirements imposed by
any agency with jurisdiction. The City hereby designates Janelle Hitch 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:
City of Bremerton
ATTN: Janelle Hitch
345 6t' Street, Suite 100 (Mail)
345 6t' Street, Suite 600 (Engineering)
Bremerton, WA 98310
Tel: 360-473-2348
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 Western Washington.
• American Waterworks Association Standards.
• Washington State Department of Transportation's Standard Specifications for
Road, Bridge, and Municipal Construction.
• Washington State Department of Health Water System Design Manual.
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Bremerton/BJC Group,Inc.
Public Utilities Construction Agreement
Rev. 09 2022
DocuSign Envelope ID: F3A86DD9-CC5D-4A76-B464-9FCC56AF4235
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 mistakes 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: The Contractor shall provide liability and property damage insurance
covering all work under this agreement for construction within the public right-of-way and on City
property, including all work provided by subcontractors. Before beginning work on the project
described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing:
1. Automobile Liability insurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
2. Commercial General Liability insurance written on an occurrence basis with
limits no less than $2,000,000 combined single limit per occurrence and general
aggregate for personal injury, bodily injury and property damage. Coverage shall
include but not be limited to: blanket contractual; products/completed
operations/broad form property damage; explosion, collapse and underground
(XCU) if applicable; and
3. Excess Liability insurance with limits not less than $1,000,000 limit per
occurrence and aggregate; and
4. Workers Compensation insurance as statutorily required by the Industrial
Insurance Act of the State of Washington, Title 51, Revised Code of Washington
and employer's liability with limits not less than $1,000,000.
Any payment of deductible or self-insured retention shall be the sole responsibility of the
Contractor.
All required policies shall be provided on an "occurrence" basis except professional
liability insurance (if required), which may be provided on a"claims-made"basis.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Contractor and a copy of an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
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Bremerton/BJC Group,Inc.
Public Utilities Construction Agreement
Rev. 09 2022
DocuSign Envelope ID: F3A86DD9-CC5D-4A76-B464-9FCC56AF4235
attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of
all the required insurance policies and endorsements. The City further reserves the right to reject
any unacceptable policies and/or endorsements.
The Contractor's Commercial General Liability insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer's liability.
The Contractor's insurance shall be primary and non-contributory insurance as respects the
City and shall contain a waiver of subrogation against the City for claims arising out of any
operations, liabilities and obligations to which coverage applies. 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.
The City also reserves its unqualified right to require at any time and for any reason, proof
of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence
of coverage.
7. INDEMNIFICATION: 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.
8. 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.
B. The Contractor agrees to continuously pursue work and complete the Project within
six(6)months of permit issuance.
9. ADDITIONAL CONSTRUCTION WORK REQUIREMENTS: The Contractor in
addition to other duties included in this agreement shall comply with the following:
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Bremerton/BJC Group,Inc.
Public Utilities Construction Agreement
Rev. 09 2022
DocuSign Envelope ID: F3A86DD9-CC5D-4A76-B464-9FCC56AF4235
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.m., exclusive of City holidays, except with written prior consent of the
City's 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 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.
10. 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 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, or the Contractor's employees.
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 (30) days of final inspection,furnish a complete set of Mylar"Asbuilt"
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®Civil 3D 2019.
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.
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Bremerton/BJC Group,Inc.
Public Utilities Construction Agreement
Rev. 09 2022
DocuSign Envelope ID: F3A86DD9-CC5D-4A76-B464-9FCC56AF4235
(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.
11. 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.
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.
H. Equal Employment Opportunity Statement. In the hiring of employees for the
performance of work under this Agreement,the Contractor,its subcontractors, or any person acting
on behalf of Contractor shall not discriminate in any employment practice on the basis of age
(40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status,
military status, or the presence of any physical, mental or sensory disability.
L ADA Statement: The City of Bremerton does not discriminate on the basis of
disability in programs and activities, which it operates pursuant to the requirements of the
Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both
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Bremerton/BJC Group,Inc.
Public Utilities Construction Agreement
Rev. 09 2022
DocuSign Envelope ID: F3A86DD9-CC5D-4A76-B464-9FCC56AF4235
employment and admission to participation in the programs, services and activities of the City of
Bremerton. Reasonable accommodation for employees or applicants for employment will be
provided.
12. 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.
13. 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.
Ow r
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Anthony Ives, Exe •tive Director Date
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CITY OF BRE MERTON
E, ,DAocuSigned by::,,,,D,,,
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Greg WheelbU9er,6 yIB.or Date
Departmental Approval
DocuSigned by:
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Thomas r nuc�Cey
Director of Public Works and Utilities
Page 8 of 9
Bremerton/BJC Group,Inc.
Public Utilities Construction Agreement
Rev. 09 2022
DocuSign Envelope ID: F3A86DD9-CC5D-4A76-B464-9FCC56AF4235
Approved as to form:
DocuSigned by:
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Kylie J. Finnell, City Attorney
R:ALegal\Legal\Forms\FORMS ON COBWEB\Public Utilities Construction Agreement Rev. 09 2022.docx
Page 9 of 9
Bremerton/BJC Group,Inc.
Public Utilities Construction Agreement
Rev.09 2022