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HomeMy WebLinkAboutSILVERDALE MOBILE ESTATES I'Ultl,IC U*i'ilXI'll~S CONSTI~,UCTION A(;liKI~MENT SILVERDALE ~OBILE ESTATES P~E II (Project Name) The City of IIremerlon, ~ first class mmficilml corpor~lio~ of Ihe Slale of Washin~lon. (herei~afler "Cily")mul $ILVERD~E HOBILE ESTATES (Imrei.afler "Col~strucl(~r"), i~ consideration of Ihe mutual covenal~ls herein defii~ed, enler i~llo Ihis agreement R)r Ihe conslructio~ ami public dcdicali(m of A ~ (hereinafter "Pro, ccC') in accordm~cc wil]~ Iht ~ollowi.g tcrm~ ami condilio.~. I. I)~crJpllm~ orlhe I'vo]ecl: Thc pro, cci Io be co~slr~clcd by Ihe C(mslruclor and dcdicalcd to linc City ~or public u~c. ~075 ~.~. of 8" ~.~., 9~ ~.~. 6"D.~., aud 5~3 ~.~. o~ ~" ~.~. aud appu~euauce~. The Project is ioorc fully described i,~ the i)la.s a,ul spccificalio~s i.corporated by reference I*crcin. I)UIILIC HTILITIILS CONSTItUCTION AGREI';M[iN'I' -I- 2. Ire~,~ nmi Expense,s: A. The Conslrt~clor agrees lo P~F in ~dvance the rollowit~g fees ami expm~e~ asx~)ciatc(I with the projcct ami rcqtiirc(I by the 8remerlml Mtmlclp~l Code: -Design and constr~ction engineering services $ -i'lnn check alld inspcclim~ fees $ 355.90 pd 5/4/92 -Fronl foolage fees DEVELOPER ZNST~LED $ N/A -(~c~tcral F~cili(y rccs 90 LOTS ~ ~231.98 ~. ~~0 TO BE P~D AT TINE OF CO~ECTION -~m~cdlon fccs 90 3/4~ HETERS ~ ~579.42 ~. TO BE P~D AT TINE OF CO~ECTION - I~ccordi.~ fees ~. -OIhcr IL The ~onsImclor shall be responsible for oblah~ht~ mrl pny~,~ f~ I~crmhs from ~lhcr ~ovcmmcnlal a~c~cics ami slmll be rc~pm~s~ble for ~,~y ~ddilimml f~r mspcc ion billed h~ Ilte UIilhy by m~y ~ovcmmcm ~c~cy, htchrlin~ Iht ~ily of Ihcmcrhm, ~i~l~ ~mmly, or Ibc SI~e of Wushi*~hm ~*pon wrhIm~ mdicc from Iht UI~lily. ~. Thc cmt~lmclor shnll pny fire followin~ costs nssoc~nlml wiIh en~eme,I eClt~n[ to 100% of the Utility ei~gineer's esfimnlml cost of cm sin chml. 'l'l~e Immt ~lmll provide, as fl minimm~h the following: NOT~: ~ ~V~ ~ ~ I. The Const~uclor shall complcle ll~e project in ~ccorl~nce whh and accc~Icd cn~inec~h~ ~nd consm~clion prnclice. i"tJlll.IC UTII.H'Ii~ CONS'I'RUCI'ION AgRI~,ITMI]NT 2. The Constructor shall comply with all the terms of this agreement. 3. The Constructor 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 bond shall be effective for at least 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. Bond amount during the guaranteed period shall be 20% of the project cost. 5. The bond must be approved by the City Attorney and may take any of the following forms: a. One or more surety bonds issued by any surety company licensed to do business in the State of Washington. b. A cash deposit in the full bonded amount deposited with the City Treasurer. c. An assignment of funds on deposit in a licensed bank or credit union, in the full bonded amount and releasable only upon order of the City's Project Manager. 3. Representatives: The Constructor hereby names the following person as the representative of the Constructor for all purposes required by this agreement: John Steven Harer PUBLIC UTILITIES CONSTRUCTION AGREEMENT ,3- The Constrnctor warrants that Ihe Conslrnclor's represenlative has filll a~lhority to bind the Conslrl~ctor in all respects require~l by Ibis agreement, and all applicable government requiremenls imposed by any agency w th jnrisdictlon. The City hereby designales #ill'tam l)uf£]r , of its Departmenl of Mm~icipal Utililies as ils Project Manager and warranls Ihat the Project Manager has hill anlhorily Io exercise such discretion as does the Director of Mmficipal Utilities nnder Ihe ordinance of the Cily for pl~rpose of carrying ont lhe lerms of Ihis agreement. 4. l'rqjec! Design: The Conslrnctor will relai~ a licensexl professional engineer who shall design the project, prepare the necessary plans, anti provide conslruction engineering to the exlent reasonably necessary. Constrnctor shall use the following slandards for design and consltoctlon of Ihe project. Devialion from standard plans will not be acceplcd. I. Standard plans and specification provided by the City. 2. Bremerton Lllility Conslruction Standards. 3. Washington Slale I)epattment of l~ology Design Mannal. 4. American Waterworks Association Standards. 5. Slandard Specificatio~s for Mnnicipal Public Works Constrtlcllon published by the Washington Chaplet, American Pnblic Works Association. 5. lhlblic Works l'rojecl Permil: The Cily's Projecl Manager will review lhe ptojecl design, plans, a~d specificalions, and when salisfied Ihe work is in accordance wilh Cily standards, shall approve Ihe plans by slamping and signing the original plan sheels. The PIJBLIC LVI'IL1TIIK~; CONSTRIJCTION AGREEMENT -4- City reserves the right to modify the plans 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 Constructor must be approved in writing by the City prior to commencement or alteration of the work. The City will issue a public works project permit upon submittal or completion of the following: A. Construction plan specifications have been approved by the City's Project Manager. B. Deposit of advance cash deposits as stated in this agreement with the City Treasurer. C. Approved bonds posted with the City Treasurer. D. Proof of insurance (§10) approved by the Risk Manager. E. 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. 6. Prosecution of Work: A. Construction of the project shall be initiated within one (1) year of execution of this agreement by the Constructor and within 30 days of issuance of the Project Permit. Failure to begin work within the one year limit shall result in forfeiture of all Constructor's rights under the agreement regardless of any other provisions of this agreement. B. Constructor agrees to continuously pursue work and complete the project within 17,. months of permit issuance. PUBLIC UTILITIES CONSTRUCTION AGREEMENT -5- 7. Inspection and Final Acceptance: A. The City will provide periodic inspection during construction to ensure that the work complies with plans and City Utility Construction Standards for the City. Inspections by the City shall not relieve the Constructor 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 Constructor's subcontractors or employees. B. Sewer acceptance requires an initial television inspection by the City of all lines. Costs incurred for this inspection shall be paid by the Constructor following thirty (30) days written notice. C. 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 Constructor 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 sewer or water services. 8. Additional Construction Work Requirements: The Constructor in addition to other duties included in this agreement shall comply with the following: _ A. Set all lot corners prior to commencing work. PUBLIC UTILITIES CONSTRUCTION AGREEMENT -6- B. Grade all roads to the design sub-grade elevation prior to the start of construction and to advise I/ne Utility during construction of any changes which may be contemplated. Further, if the Constructor revises the sub-grade elevation of the roads after completion of the system improvement, Constructor agrees to raise or lower the system improvements as required by the new sub-grade elevation at no cost to the Utility to be in compliance with the Utility Construction Standards. C. Pay the cost of any excessive amount of water from the Utility system for the required testing, flushing or purifying this project based on the U. tility's estimates for the required quantity of water to be used, which estimate shall be conclusive. The Utility shall furnish 30,000 gallons of water without cost to the Constructor for the initial testing, flushing, and purifying of the project. D. Schedule system connections with the Project Manager and meet all requirements for the connection and testing of their improvements in the presence of the Utility'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 with the authorization of the Utility's Project Manager. E. No work shall be performed by the constructor other than Monday through Friday between 8:00a.m. and 4:00p.m., exclusive of City holidays, except with written prior consent of the Utility. If consent is given by the Utility for work on Saturday, Sunday or holidays or before or after the normal working hours above, the Constructor shall pay to the Utility the reasonable cost of furnishing the required inspection and supervision during said periods. PUBLIC UTILITIES CONSTRUCTION AGREEMENT -7- F. Remove and correct at the expense of the Constructor any improvements not authorized or constructed in compliance with the Utility Construction Standards. G. 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 Constructor 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. H. Notify the Utility when the project is ready for final inspection and approval by the Utility. I. Within thirty (30) days of finals inspection, furnish a complete set of mylar as-built plans of the project improvements. 9. Latecomers Agreement: If this agreement is for the construction of either water or sewer line, the City agrees to arrange for a partial reimbursement to be made to the Constructor for the cost of the line as permitted by state law and the municipal code. Reimbursement shall be subject to reasonable charges by the City for administration and shall be payable only if the Constructor executes a City Latecomer's Agreement and files the same with the County Auditor as a lien on properties to be served in the future by the water or sewer line. 10. Insurance and indemnity: The Constructor shall provide liability ~nd property PUBLIC UTILITIES CONSTRUCTION AGREEMENT -8- damage insurance covering ail work under this agreement for construction within the public right-of-way, including ail work provided by the Constructor and its Contractors. Said insurance shall name the City of Bremerton as additionai insured and provide the following limits: - Bodily injury, $1,000,000.00 each person; - $1,000,000.00 each accident; -Property damage, $500,000.00 Evidence of such insurance shail be provided to the Risk Manager prior to issuance of the Public Works Project Permit. The Constructor shail hold harmless the City of Bremerton, its elected officials, employees, and agents, for ail liabilities and claims arising out of or related to performance of the work identified in this agreement. 11. Non-compliance: Failure to comply with the terms of this agreement within 60 days following written notice by the Project Manager shail automaticaily result in the termination of service and forfeiture of bonds and shail not relieve the Constructor of the duty to comply with ail the terms of this agreement, paying all sums due hereunder together with reasonable attorney's fees incurred by the Utility in enforcing the terms of this this_~:~ay EXECUTED CONSTRUCTOR: Mailing Address: F~.ff~~ Telephone Number: PUBLIC UTILITIES CONSTRUCTION AGREEMENT -9- EXECUTED this ~ day of CITY OF BREMERTON: LOUIS MENT(~I~, Mayor ATTEST: KATHLEEN McCLUSKEY, Clerk DEPARTMENTAL AppROVAL: ^PPRgy.,E~, AS TO FORM: IAN R. SIEVERS, City Attorney PUBLIC UTILITIES CONSTRUCTION AGREEMENT -10- September 8, 1992 T O : Kathleen L. McCluskey, DAS/City Cler~.-~ \~ FROM: William Duffy, Director of Utilities ~,;~ SUBJ: P~blic Utilities Construction Agreements Attached are Public Utilities Construction Agreements for new developments requesting utility service. Blocks 22 and 23, Replat of Port Orchard City Silverdale Mobile Estates, Phase II Please route these documents for review of the agreements and signatures of approval by the appropriate city officials. /ds