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HomeMy WebLinkAboutVERGEER PUBLIC UTILITIES CONSTRUCTION AGREEMENT The City of Bremerton, a first class municipal corporation of the State of Washington, (hereinafter "City") and Gerard S Ver~eer, Jr. (hereinafter "Constructor"), in consideration of the mutual covenants herein defined, enter imo this agreemem for the construction and public dedication of a sewer main (hereinatter "Project") in accordance with the following terms and conditions. The Constructor will retain a licensed Professional Engineer registered in the State of Washington (hereinafter "Design Engineer") who shall design the Project. 1. DESCRIFrlON OF Tl4E PROJECT: The project to be constructed by the Constructor and dedicated to the City for public use, consists o~ Approximately 335 linear feet of 8" PVC class 35 SDR 3034 sewer pipe, one manhole assembly, and an 8" clean out assembly. The Project is more fiflly described in the plans and specifications incorporated by reference herein. 2. FEES ANI) EXPENSES: Sewer Only 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 $ N/A · Plan check and inspection fees - plan cheek-S154, insp. - $418.75 $ 454.00 · Total parcel FFF 287' ~ 9.49/t~ $ 2,723.63 Payment of appropriate General Facilities Fees and Front Footage Fees will be required prior to redeving utility service from the City. (per lot cost - $177.89 per unit & $40.00 lateral inspection fee) PUBLIC UTILITIES CONSTRUCTION AGREEMENT -1- B. The Constructor shall be responsible for obtaining and paying for necessary permits fi.om other governmental agencies and shall be responsible for any additional costs for inspection billed to the City by any government agency, including but not limited to the City ofBremerton, Kitsap County, or the State of Washington. C. The constructor shall pay all costs associated with easement acquisition and insuring title to the properties. D. The constructor shall post with the City Treasurer a Performance Bond prior to construction and a Warranty Bond upon completion of the work. The bonds shall be posted in the amounts as follows: Performance Bond 1. One hundred and filly percent (150%) of the Design Engineers estimated cost of construction for all work occurring within public fight-of-way or on City Property. 2. Twenty percent (20%) of the Design Engineers estimated cost of construction for all work occurring on Private Property. Warranty Bond 1. Twenty percent (20%) of the actual cost of construction. E. The bonds shall provide, as a minimum, the following: 1. The Constructor shall complete the project in accordance with good and accepted engineering and construction practice. 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 Warranty 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. PUBLIC UTILITIES CONSTRUCTION AGREEMENT -2- 5. The bond must be approved by the City's Risk Manager and may include one or more surety bonds issued by any surety company licensed to do business in the State of Washington. The Surety bond may be substituted by a cash deposit in the full required amount deposited with the City Treasurer or an assignment of funds on deposit in a licensed bank or credit union, in the full required amoum. 3. REPRESENTATIVES: The Constructor hereby names the following person as the representative of the Constructor for all purposes required by this agreement: The Constructor warrants that the Constructors 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 Ned Lever, P.E. , of its Department of Public Works and Utilities as its Project Manager and warrants that the Project Manager has full anthotity to exercise such discretion as does the Director of Public Works and Utilities under the ordinance of the City for purpose of canying 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. PUBLIC UTILITIES CONSTRUCTION AGREEMENT -3- Constructor shall use the following standards for design and construction of the project. Deviation from standard plans will not be accepted. Standard plans and specification provided by the City. · Bremerton Utilities Development and Construction Standards. · Washington State Department of Ecology's Stormwater Management Manual for the Puget Sound Basin. · American Waterworks Association Standards. · Washington State Department of Transportation's Standard Specifications for Road, Bridge, and Municipal Construction. 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 the plans by stamping and signing four (4) copies of the plan sheets. The City reserves the right to require modification of 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 Plans and 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 Clerk. D. Proof of insurance approved by the Risk Manager. E. A copy of the City or County fight-of-way permit submitted to the Utility. PUBLIC UTILITIES CONSTRUCTION AGREEMENT -4- 6. INSURANCE AND INDEMNITY: The Constructor shall provide liability and property 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. 7. 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 Comtmctor'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 six (6) months of permit issuance. 8. ADDITIONAL CONSTRUCTION WORK REQUIREMENTS: The Constructor in addition to other duties included in this agreement shall comply with the following: A. Schedule system connections with the Project Manager and meet all requirements for the connection and testing of their improvements in the presence of the City'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 by City personnel. PUBLIC UTILITIES CONSTRUCTION AGREEMENT -5- B. No work shall be performed by the Constructor other than Monday through Friday between 730 a.m. and 6:00 p.m., exclusive of City holidays, except with written prior consent of the City. If consent is given by the City for work on Saturday, Sunday or holidays or before or after the normal working hours above, the Constructor shall pay to the City the reasonable cost of furnishing the required inspection and supervision during said periods. C Remove and correct at the expense of the Constructor any improvements not authorized or constructed in compliance with the Utilities Development and Construction Standards. D. 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 requked 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. E. Notify the City when the project is ready for final inspection and approval by the Utility. 9. INSPECTION AND FINAL ACCEPTANCE: A. The City will provide periodic inspection during construction to ensure that the work complies with plans and City Utilities and 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. PUBLIC UTILITIES CONSTRUCTION AGREEMENT -6- B. Sewer acceptance requires an initial television inspection of all lines. This inspection may be conducted by the City for the cost of time and materials or by a private agency. Costs incurred for this inspection shall be paid by the Constructor following thirty (30) days written notice. C. 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. D. Within thirty (30) days of final inspection, furnish a complete set of mylar record drawings of the project improvements which have been prepared and stamped by the Design Engineer. E. 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 or2 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 upon payment of service fees. 10. REIMBURSEMENT AGREEMENT: If this agreement is for the construction of either water or sewer line, the City agrees to arrange for a partial reimbursemem 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 Reimbursement 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. PUBLIC UTILITIES CONSTRUCTION AGREEMENT -7- 11. NON-COMPLIANCE: Failure to comply with the terms of this agreement within 60 days following written notice by the Project Manager shall automatically remit 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 all sums due thereunder together with reasonable attorney's fees incurred by the City in enforcing the terms of this agreement. coss ucTo .d / Mai ting Address: Gerard S. Vergeer Jr. 2670 Tracyton Beach Road NW Bremerton, Wa. 98310 Telephone No.: (360) 373-6948 PUBLIC UTILITIES CONSTRUCTION AGREEMENT -8- CITY OF BREMERTON: I~NN HORTON, Mayor DEPARTMENTAL APPROVAL: W. EUGENE SAMPLEY, Director of Public Works and Utilities ATTEST: KATHLEEN McCLUSKEY, Clerk APP~VI~]~ AS TO FORM: Ian Sievers, City Attorney PUBLIC UTILITIES CONSTRUCTION AGREF~MENT -9-