HomeMy WebLinkAboutNORTH PACIFIC (Sydney Manor Water Main)
PUBLIC UTILITIES CONSTRUCTION AGREEMENT
The City of Bremerton, a first class municipal corporation of the State of Washington, (hereinafter
"City") and North Pacific Development (hereinafter "Owner"), in consideration of the mutual
covenants herein defined, enter into this agreement for the construction and public dedication of
watermain (hereinafter "Project") in accordance with the following terms and conditions. The
Owner will retain a licensed Professional Engineer registered in the State of Washington
(hereinafter "Design Engineer") who shall design the Project. The Owner will also retain a licensed
contractor (hereinafler "Contractor") to physically construct the project.
1. DESCRIPTION OF THE PROJECT: The project, to be constructed by the Owner or
Contractor and dedicated to the City for public use, consists off
APPROXIMATELY 706 LINEAL FEET OF 8-INCH CLASS 52 DUCTILE IRON
WATER PIPE AND MISCELLANEOUS APPURTENANCES.
The Project is more fully described in the plans and specifications incorporated by reference
herein.
2. FEES AND EXPENSES:
A. The Owner agrees to pay in advance the following fees and expenses associated
with the project and required by the Bremerton Municipal Code:
· Water plan check fee $ 174.35
· Water inspection fee $ 1,341.40
· Wet Tap (~ 7-~0 $ 4,451.75
Total: $ 5~967.50
B. The Owner shall be responsible for obtaining and paying for necessary permits from
other governmental agencies and shall be responsible for any additional costs for
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inspection billed to the City by any government agency, including but not limited to
the City of Bremerton, Kitsap County, or the State of Washington.
C. The owner shall pay all costs associated with easement acquisition and insuring title
to the properties.
D. The Owner or Contractor 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 mounts as follows:
Performance Bond
1. One hundred and fifty percent (150%) of the Design Engineer's estimated
cost of construction for all work occurring within public right-of-way or on
City Property.
2. Twenty percent (20%) of the Design Engineer's 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 Owner and Contractor shall complete the project in accordance with
good and accepted engineering and construction practice.
2. The Owner and Contractor shall comply with all the terms of this agreement.
3. The Owner and Contractor 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.
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
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or an assignment of funds on deposit in a licensed bank or credit union, in
the full required amount.
3. REPRESEI~ITATIVES: The Owner hereby names the following person as the
representative of the Owner for all p~ by this agreement:
The Owner warrants that the Owner's representative has full authority to bind the Owner in
all respects required by this agreement, and all applicable government requirements
imposed by any agency with jurisdiction. The City hereby designates Ned Lever, of its
Department of Public Works and Utilities as its Project Manager and warrants that the
Project Manager has full authority to exercise such discretion as does the Director of Public
Works and Utilities under the ordinance of the City for purpose of carrying out the terms of
this agreement.
4. PROJECT DESIGN: The Owner will retain a licensed Professional Engineer who shall
design the project, prepare the necessary plans, and provide construction engineering to the
extent reasonably necessary.
Owner and Contractor 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 fight to require modification of the plans in the event of errors
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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 Owner
or Contractor 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.
6. INSURANCE AND INDEMNITY: The Owner or Contractor shall provide liability and
property damage insurance covering all work under this agreement for construction within
the public fight-of-way, including all work provided by the Owner and its Contractors. Said
insurance shall name the City of Bremerton as additional insured and provide the following
limits:
o 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 Owner or Contractor 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 Owner 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
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Owner's rights under the agreement regardless of any other provisions of this
agreement.
B. Owner or Contractor agrees to continuously pursue work and complete the project
within six (6) months of permit issuance.
8. ADDITIONAL CONSTRUCTION WORK REQUIREMENTS: The Owner or
Contractor 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.
B. No work shall be performed by the Owner or Contractor other than Monday through
Friday between 7:30 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
Owner or Contractor 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 Owner or Contractor any improvements
not authorized or constructed in compliance with the Utilities Development and
Construction Standards.
D. Restore alt 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 Owner or Contractor 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'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.
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E. Notify the City when the project is ready for f'mal 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 Owner or Contractor 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
Owner's subcontractors or employees.
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 Owner or
Contractor 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 fmal 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
Owner on a form approved by the City Attomey. 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 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 reimbursement to be made to the
Owner for the cost of the line as permitted by state law and the municipal code.
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Reimbursement shall be subject to reasonable charges by the City for administration and
shall be payable only if the Owner 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.
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 Owner or Contractor 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.
Continued Next .Page
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OWNER: North Pacific Development CONTRACTOR
Mail Address: P.O. Box 4050 Mail Address: .P~O
Silverdale, WA 98383 '~'-~ o
Arm: Abe Young
Telephone No.: 360 779-8343 WelephoneNo.:
EXECUTED this day of ,2000
CITY OF BREMERTON:
ORTON, Mayor
ATTEST:
KATHLEEN McCLUSKE~3Ierk
APPROVED AS TO FORM:
i~l sydneypucs.doc
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