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HomeMy WebLinkAboutWARD PUBLIC UTILITIES CONSTRUCTION AGREEMENT Project No. __ (Name) o./ The City of Bremerton, a first class municipal corporation of the State of Washington, (hereinafter "City") and 14R. DANIgL I,/ARD (hereinafter "Constructor"), in consideration of the mutual covenm~ts herein defined, enter into this agreement for the construction and public dedication of a water main '& hydrant (hereinafter "Project") in accordance with the following terms and conditions· 1. Description oflhe Project: The project to be constructed by the Constructor and dedicated to the City for public use, consists of: Approximately 15' of 8" ductile iron water main, one complete hydrant assembly, 235' of 4" ductile iron water main and appurtenances, to serve Blocks 22 and 23 of Replat of Port Orchard City. The Project is more fully described in the plans and specifications incorporated by reference herein. PUBLIC UTILITIES CONSTRUCTION AGREEMENT -1- 2. irec_s and Expenses: A. The Conslrnclor agrees Io pay in advance lite following fees anti expenses associated with lite project arm required by the Bremedon Municipal Code: -Design and construction engineering settees $ - Plan check and inspection fees $ 75.00 -Front f~lage fees 9 LO~S ~I~H 3/4" -General Facility rees ~0 BE COLLECTED PRIOR ~0 $~;025.00 ~TER SETS -~onnccfio~ ~ces TO BE COLLBCTED PRIOR TO ~,1~0.00 ~TER SETS - Recording fees -Olher 8' ~ ~AP $ 330.00 B. The Conslrnclor shall be responsible for oblaining and paying for necessary permits from olher governmenlal agencies and shall be responsible for any addilional cosls for inspection billed Io Ihe Utilily by any governmenl agency, including bul not limiled Io Ihe Cily of Bremerlon, Kitsap County, or the Slale of Washinglon upon Ihirly (30) days wfillen nolice from the Ulilily. C. The conslruclor shall pay Ihe following costs associaled with easemenl acq~fisilion and insuring lille Io Ihe propedies. D. The consltuclor shall post wilh Ihe Cily Treasurer a bond or bonds in an amounl equal Io I~% of Ihe Utility engineer's eslimaled cost of conslruclion. The bond shall provide, as a minimum, Ihe following: ~ I. The Consltuclor shall complele Ihe projecl in accordance wilh good and acceplcd engineering anti conslruclion ptaclice. PUBLIC UTILITII~ CONSTRUCTION AGRI~.EMENT -2- 2. The Constructor shall co~nply with all the terms of this agreement. '3. The Constructor shall fully co~nply 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 gnaranlee the completed projects against defects in workmanship and materials. Boud amount duriug the g.aranteed period shall be 20% of the project cost. 5. The bond must be approved by the City Altorney and may take any of the following fo,-ms: a. One or more surety bonds issued by any surety company licensed to do business in the Stale of Washington. b. A cash deposit i, the full bonded a,uount deposited with the City Treasurer. c. An assignment of funds on deposit in a licensed bank or credit nnion, in the full bonded amount and releasable only upon order of Ihe City's Project Manager. 3. Representatives: The Constructor hereby names the following persou as the representative of the Constructor for all purposes required by this agreement: Daniel Ward PUBLIC UTILITIES CONSTRUCTION AGREEMENT -3- The Constructor warrants that lhe Constructor's representative has fidl authorily to bind the Constructor in all respects required by this agreement, and all applicable government requiretnents imposed by any agency with jnrisdiclion. The Cily hereby designates I)enrd. s A. ¢oburn , of its Deparlment of Municipal Utililies as its Project Manager and warranls that the Project Manager has full aulhority to exercise such discrelion as does the Direclor of Municipal Utilities under the ordinance of the City for purpose of carrying out the lerms of Ihis agreement. 4. Project Desigm The Constructor will relain a licensed professional engineer who shall design lhe project, prepare tile necessary plans, and provide construction engineering to the exteot reasonably necessary. Constructor shall use the following stai~dards for design and construction of the project. Deviatiou from standard plans will not be accepted. l. Standard plans and specificalion provided by lhe City. 2. Bremerton Utility Construction Standards. 3. Washinglon State Department of ,Ecology Design Manual. 4. American Waterworks Association Standards. 5. Standard Specifications for Municipal Public Works Construclion published by the Washington Chapter, American Public Works Associalion. 5. Public Works i'~'ojecl Permit: The City's Project Manager will review the project design, plans, aud specil'icalioas, and when satisfied Ihe work is in accordance wilh City standards, shall approve the plans by slampiug and signi~g the original plan sheets. 'File PUBLIC UTILITIES CONSTRUCTION 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 lhe work. The City will issue a public works project permit upon sublnittal or completion of the following: A. Construction plan specifications have been approved by the City's Project Manager. B. Deposit of advauce cash deposits as slated in this agreement wilh the City Treasurer. C. Approved bonds posted with the City Treasurer. D. Proof of insurance (§10} approved by the Risk Mauager. E. All easements necessary for the project have beeu oblained in the name of the City, accepted by lhe Project Manager, and recorded with the County Auditor. 6. l'rosecutio~ of Work: A. Construction of Ihe project shall be iniliated withiu one (l) year of execution of this agreement by the Coustructor and wilhin 30 days of issuance of the Project Permit. Failure lo begin work within the one year limit shall result iu forfeiture of all Constructor's rights under the agreement regardless of any other provisions of Ibis agreement. B. Conslructor agrees to continuously pursue work and complete the project wilhin slx (6)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 the 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 cosl lo 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 lhe reqnired quantity of water to be t, sed, which estimale shall be conclusive. The Utility shall furnish 6,000 gallons of water without cost to the Construclor for the initial testing, flushiug, and purifying of the project. D. Schedule system conneclions with the Project Manager aud meet all requirements for the connection and tesliug of their in~provemenls in the presence of the Utility's authorized representative. Major system connections to lhe City's system shall not be authorized on Fridays. Subsequenl operation of system valves must be performed with Ihe authorization of the Utility's Project Manager. E. No work shall be performed by the conslructor other than Monday through Friday between 8:00 a.m. and 4:00 p.m., exclusive of City holidays, except with written prior conseut of the Utility. If consent is given by Ihe Utility for work on Saturday, Sunday or holidays or before or after the normal working hours above, the Constructor shall pay 1o the Utility the reasonable cost of furnishing Ihe 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'sProject 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. Lateeomers 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. lneuranee and indemnity: The Constructor shall provide liability and property PUBLIC UTILITIES CONSTRUCTION AGREEMENT -8- damage insurance covering all work under this agreement for construction within the public right-of-way, including all work provided by the Constructor and its Contractors. Said insurance shall name the City of Bremerton as additional 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 shall be provided to the Risk Manager prior to issuance of the Public Works Project Permit. The Constructor shall hold harmless the City of Bremerton, its elected officials, employees, and agents, for all 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 shall automatically result in the termination of service and forfeiture of bonds and shall not relieve the Constructor of the duty to comply with all the terms of this agreement, paying ail sums due hereunder together with reasonable attorney's fees incurred by the Utility in enforcing the terms of this agreement. EXECUTED this~5~day of ~tn m ,19 CONSTRUCTOR: Mailing Address: f~r~mer+e,~ Telephone Number: 2.c~ - \\ PUBLIC UTILITIES CONSTRUCTION AGREEMENT -9- EXECUTED this ~,~.~. day of ~.~,~- - ,19~ .?-~ CITY OF BREMERTON: LOUIS MENTOR, Mayor ATTEST: KATHLEEN McCLUSKEY, Clerk DEPARTMENTAL AppROVAL: PUBLIC UTILITIES CONSTRUCTION AGREEMENT -10-