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HomeMy WebLinkAboutHOLM PUBLIC UTILITIES CONSTRUCTION AGREEMENT Project No. The City of Bremerton, a first class municipal corporation of the State of Washington, (hereinafter "City")and mrrc ll~ll, ~ AL (hereinafter "Constructor"), in consideration of the mutual covenants herein defined, enter into this agreement for the construction and public dedication of (hereinafter "Project") in accordance witl: the following terms and conditions. 1. Description of the Project: The project to be constructed by the Constructor and dedicated to the City for public use, consists of: ~ 11/~5 LII~JkR ~ (]fit ~L ~[t 35 D303/+ I~C ~ PIPE ~) SIX The Project is ~nore fully described in the plans and specifications incorporated by reference herein. PUBLIC UTILITIES CONSTRUCTION AGREEMEN. T -1- 2. Fees nmi Expenses: A. The Co,sir,clot agrees to pay in adva,ce the followi,g fees and expenses nssodaled wilh Ihe projec( nmi requiad by Ihe Bremerlon Municipal Code: -Design and cons(n~cfio, engineering services $ N/A - Plan check and inspectio, fees $170.50 ~ ~ -Front footage f~s S~R FRONI FOOTAGE - $. ~/A ~AIER FRONT FOOTAGE- 013.42/FT* (DEFERRED) - General Faciliiy fees 25I . 76 PER RESIDENCE, S~ER* $ DEFERRED 0251.76" , ~ATER* / -C(,inection fees $60.00 INSPECTION FEi, SEWER* $~ED I;628.86 3/6" ~ATgR METER~* / -Recording fees $. I1.00 ~ -Other ~Ohg INSPECTION - $225~ $. 225.00 ~ *FEES & ASSESSMENTS TO BB ADJUSTgD BY CITE ORD. ON FBB. 1, 1996 B. The Co,struclor shall be respo,silfle for oblaM,g and paylng for necessary pemfils from other govemmenlal age,cies a,d shall be respo,sible for any additional cosls for i,spectio, billed to the Uliliiy by any gover,me,t age,cy, i,duding but not limited Io Ihe City of Bremeflon. Kitsap Courtly, or Ihe Stale of Washinglo, upon Ihirly (30) {lays wrille, notice from Ihe Ulilily. C. The conslructor shall pay Ihe following costs associated wilh easement acquisilion and i,sufing litle to the properties. D. The conslructor shall post with Ihe City Treasurer a bond or bonds in an amou,t equal Io 100% of the Ulilily e,gi,eer's estimated cost of conslruclion. The bom shall provide, as a mMmum, the Mlowi,g: 1. The Co,slmclor shall complele Ihe project in accorda,ce wilh good a,d accepted e,gi,eeri,g a,d co,sh'uclio, 13tactice. I'IJIILIC UTILrrlES CONSTRUCTION AGRIilLMENT -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 wilh all lawful requirements imposed by any agency with jurisdiction relating to the project. 4. The bond shall be effective for al 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: PUBLIC UTILITIES CONSTRUCTION AGREEMENT -3- The Constructor warrants that the Constructor's representative has full authority to bind the Constructor in all respects required by this agreement, and all applicable government requirement~ imlJOsed by any agency with jurisdiction. The City hereby designates ~ , 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. ~l. Project Desigm Th~ Co~sstructor 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 staudards, shall approve the plans by stamping and signing the original plan sheets. The PUBLIC UTILITIES CONSTRUCTION AGREEME. NT -4- City reserves the right to modify thc 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. 1~. All easements necessary for the project have been obtained in the name of the City, accepted by the Project Manager, and recorded with thc 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 6 months of permit issuance. Ce~structt(m aha'il begin by Sept,~her 30, 1997. If tl~ ~xk i~ not ~ the plans ~ 11 be z~-~zl~itted for approval and the tt~fet~ce in old and merit plan check and ~ater ~eter casts PIJBL1C IJTILITIES 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. Commence~nent by thc City of its usual and customary ,naintenance of the project improvements. 3. Commencement of sewer or water services. 8. Additional Cmtstruction 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 thc design sub-grade elevation prior to thc start of construction and to advise the Utility during construction of any changes which may be contemplated. Further, if the Constructor re~ises 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 Pa2.' ''~ .... * "~ .... ' ! · ...... U:'.'!!!~, 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 nor,nat 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 AGREEME. NT -7- F. Remove and correct at the expense of thc 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 condilion 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 thc 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. 1. Within thirty (30) days of finals inspection, furnish a complete set of mylar as-built plans of the project improvements. 9. Lateeomers Agreelnenl: 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 Ibc cost of the line as permitted by state law and the municipal cone. 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. ll~surance and indemnity: The Constructor shall provide liability and property PUBLIC UTILITIES CONSTRUCTION AGREEMI~NT -8- damage insurance covering all work under this agreement for construction within the public right-of-way, iucludit~g all work provided by tile Constructor and its Contractors. Said i,~sura,lce shall na~ne the City of Bremertou as additional insured m~d provide the following limits: - Bodily injury, $1,~,~.~ ~ch person; - $1,0~,~.00 each accident; -Property damage, $500,~.~ Evidence of iucb insurauce 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 officiMs, employees, and ageuts, for all liabilities and claims arising out of or rela~ed to performance of the work ideutified ill this agreement. 11. Non-compliance: Failure to comply with tim terms of this agreement within 60 days following writteu uofice by the Project Manager shall automatically result in the terminatiou of semice and forfeiture of bonds and shall uot relieve the Constructor of the duty to comply with all the terms of this agreemeut, paying all sums due herennder togelber with reasonable attorney's fees incurr~ by the Utility in enforcing the terms of this agreement. EXECUTED this /2~day of ~o,~$4~ , 19~( PUBLIC UTILITI~ CONSTRU~ION AGREEMENT -9- EXECUTED thi~?,~n~ay of~.~, 19.~_~a CITY OF BREMERTON: ON, Mayor DE~AL: W. EUGENE SAMPLEY, Director of Public Works and Utilities ATTEST: /OVED AS TO FORM: Glerma Malanca, City Attorney PUBLIC UTILITIES CONSTRUCTION AGREEMENT - 10 - 230 ·:EHTE WATER SEVVER [] 11+00 RECEIVED VICI NI'T'¥' MAP 'Nov ~lm5 SEC. ~., T ~.~.N ~ El E, W,M. Dept. o[ ~OOl~ v~u~ ~d U~s ° PPALO.OSA WAY OCT 1~5 LTD PF