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.
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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
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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:
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