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HomeMy WebLinkAboutASSIST LIVING CONCEPTS PUBLIC UTILITIES CONSTRUCTION AGREENIENT Project No. __ Tile City of Bremerton, a first class municipal co~oralion of the ~tate of Washingtvn, (hereinafter "Cily") m~d ~qI~ ~ ~, ~ (hereinafter "Constructor"), in consideration of the mutual covenants herein defined, enter into this agreement for Ibc conslructioa ~d public d~icalion of ~-r~ ~ ~ ~ (hereinafter "Proj~t") h~ accordance with the following terms ~d conditions. 1. D~cripfion oflhe Projecl: The proj~t to be constructed by the Constructor and dedicated to the City for public use, consists of: ~'t'~l,y 866 L~ ~-f OF ~ 52, 8" ~"~1~ ~ ~ PI~, ~ I,~ ~Mr OF ~ 52, 6'" ~Hg ~ ~ p]~, ~ F~ ~ ~~, A 2" S~: ~8~,y 691 BM ~'r OF 8" ~ ~R 35 ~ ~ S{ PI~, ~ The Project is more fully described in the plans and specifications incorporated by reference herein. PUBLIC UTILITIES CONSTRUCTION AGREEMENT -1- 2. Fees and Expeltses: A. The Constructor agrees to pay in advance the following fees and expenses associated with the project and required by the Bremerton Municipal Code: -Design and construction engineering services $, /lA -Plan, check and inspection fees ~Z~l,~:~ $. 3,145.38 -Front footage fees ¥/~'r~-345' @ 9.19/I~ $ 3,170.55 - General Facility fees l,~A-rn~ - :[;2,682.11 ~ - $2~682.17 $. ?,086./~ IilRIC.~ll'I~l~'- $1.722.10 . Connection fees lXl~b~I¢ ~ -$1,579.00 (2) ,, $ 8,387.00 6"l)g. nm-.W~,l)l~. Cl~. ~kgS'¥ - $5,400 (~: & - Recording fees $ Iq'lA -Other I~0 ~ ~ @ $2179.00 ga,. $ 4,358.00 B. The Coustructor 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 Utility by any government agency, including but not limited to the City of Bremerton, Kitsap County, or the State of Washington upon thirty (30) days written notice from the Utility. C. The constructor shall pay the followiqg costs associated with easement acquisition and insuring title to tile properties. D. The constructor shall post with the City Treasurer a bond or bonds in an amount equal to 100% of the Utility engineer's estimated cost of construction. Tile bond shall provide, as a minimum, the following: 1. The Constructor shall complete tile project in accordance with good and accepted engineering and construction practice. PUBLIC UTILITIES CONSTRUCTION AGREEMENT -2- 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 coJnpleted 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: PUBLIC UTILITIES CONSTRUCTION AGREEMENT -3- The Constructor warra,~ts that the Constructor's representative has full authority to bind the Constructor in all respects required by this agreement, and all applicable government requirements imposed by any agency with jurisdiction. The City hereby designates ~ Ia~ta/, P.g. , of its Department of Municipal Utilities as its Project Manager and warrants that the Project Manager has full authority to exercise such discretion as does the Director of Municipal Utilities under the ordinance of the City for purpose of carrying out the terms of this agreement. 4. Project Design: The Constructor will retain a licensed professional engineer who shall design the project, prepare the necessary plans, and provide construction engineering to the extent reasonably necessary. Constructor shall use the following standards for design and construction of the project. Deviation from standard plans will not be accepted. 1. Standard plans and specification provided by the City. 2. Bremerton Utility Construction Standards. 3. Washington State Department of Ecology Design Manual. 4. American Waterworks Association Standards. 5. Standard Specifications for Municipal Public Works Construction published by the Washington Chapter, American Public Works Association. 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 Ibc plans by sta~nping and signing the original plan sheets. The PUBLIC UTILITIES CONSTRUCTION AGREEME. NT -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 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 initialed within one (I) year of execution of this agreement by the Constructor and within 30 days of issuance of the Project Pertnit. 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 6 months of permit issuance. PUBLIC UTILITIES CONSTRUCTION AGREEMENT -5- 7. Inspection aaid Fismi 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 mainteuance 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 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 Utility's estimates for the required quantity of water to be used, which estimate shall be conclusive. The Utility shall furnish 5,000 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 8:00 a.m. and 4:00 p.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 pcriads. PUBLIC UTILITIES CONSTRUCTION AGREEME~NT -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 Projeet 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 big 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, Ihe 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. htsurance and indemnity: The Constructor shall provide liability and property PUBLIC UTILITIES CONSTRUCTION AGREEMI~NT -8- damage i.surance covering all work under this agree~nent for construction within the public right-of-way, including all work provided by the Co.slructor and its Contractors. Said i.]surm]ce shall nmne the City of Bremerton as additional insured mid provide the following limits: - Bodily iujury, $1,~,~.~ ~ch person; - $1,0~,~.00 each accident; -Property damage, $500,~.~ Evidence of Such insurance shall be provided to the Risk Manager prior to issuance of the Public Works Project Permit. The Coustructor shall hold harmless the City of Bremerton, its elected officios, employees, and agents, for all liabilities and claims arising out of or related lo performance of the work identifi~ in Ibis agreemenl. 11. No.-compliance: Failure Io comply with tl~e lerms of this agree~nent withi, 60 days following written notice by Ibc Project Manager shall automatically result in termination of service and forfeiture of bonds and shall not relieve tim Constructor of the duty to comply with all the terms of Ibis agreement paying all stuns due hereunder together with reasonable attorney's fees incurr~ by the Utility in enforcing the terms of this agreement. day of ~~ , Ibis~ EXECUTED FACSI~LE ~0.: (707) 657-9607 ~,~ frO.: (707) 657-3909 CONSTRUCTOR: ~Ss{ s~ ~a~ C~ ~ffe. Mailing Address: FIRSt, ~~~=~/~ G~Q~, CA. 95543 PUBLIC UTILiTI~ CONSTRUe'ION AOREEMHNT -~- CITY OF BREMERTON: L~NN HORTON, Mayor ATFEST: KATHLEEN McCLUSKEY, Clerk D~ROVAL:~ W. EUGENE SAMPLEY, P.E. Director of Public Works and Utilities PUBLIC UTILITIES CONSTRUCTION AGREEMENT -10-