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HomeMy WebLinkAboutDEAVER (BOWEN ST. WATER MAIN EXTENSTION) PUBLIC UTILITIES CONSTRUCTION AGREEMENT The City of Bremerton, a first class municipal cor~oralion of the State of Wasb_ingtom (hereinafter "Ciw"~ and DO_L!G. DEAVEB~(hereinaiter "Owner"), in consideration of the mutual covenants herein defined, enter into this _agreement for the construction and 0ublic dedication of ~ (hereinafter "Pr0ieet") in accordance with the following terms and conditions. The Owner will retain a licensed Professional E ~ngineer re~fstered in the State of Washin_~on (hereinafter "Desi_ma E _n~ineer") who shall design the Project and a licensed Contractor (hereinafter "Contractor') who shall construct the Projeet 1. DESCRllrHON OF THE PROJECT: The project to be constructed by the Contractor and dedicated to the City_ for public use, consists of. 100 LINEIAL FEET OF 6" DUCTIL IRON PIPE The Project is more fully described in the plans and specifications incorporated by reference herein. 2. FEES AND EXPENSES: A. The Owner agl'ees to pay in advance the fo~owing ~"s and exoenses associated with the projeet and reauired by the Bremerton Munici0al Code: · Design and con,,vzuction en~neering services $ 51%. va · Plan cheek and irr~eetion fees $604.00 · Connection fees $ · Recording fees $ · Total parcel FFF ' $ · Other $ Payment of avl~ropriate General Facilities Fees and Front Footage Fees will be required prior to receivin_~ utility_ service bom the CiW. (BOWEN ST. WATER MAIN EXTENSTION) B. The Owner shall be responsible for obtaining and paving for necessary permits from other governmental agencies and shall be responsible for any additional costs for ins0ection billed to the City by_ any government agency, including but not limited to the City ofBremerton, Kitsap County, orthe State of Washingt_ on. C. The Owner shall pay all costs associated with easement acauisition and insurin~ title to the prooerties. 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 he posted in the amounts as follows: Performance/~d 1. One hundred and fifty percent (150%) of the Design Engineer's estimated cost of construction for all work occurring within City right-of-way or on City Property. 2. Twenty oercent (20%) of the Design Engineers estimated cost of construction for all work occur_ on Private Properv/. Warran~ Bond 1. Twenty 0ercem (20%) of the actual cost of construction. E. The bonds shall provide, as a minimum, the following_: 1. The Owner or Commctor shall complete the prqiect in accordance with good and acceoted en_~gineering and construction practice. 2. The Owner shall comply with all the terms of this ~agreement. 3. The Owner or Contractor shall fully cortmly with all requirements of law in carryin~ ' g out the project, and shall com01v with all lawful requirements imposed by any ag_enev with jurisdiction relating to the project. 4. The Warranty Bond shall he effective for at least two years atter completion of construction unless affum~velv released sooner by the City. and shall guarantee the completed Pmieets ~against defects in workmansNp and materials. 5. The bond must he approved by the City's Risk Manage= r and may include one or more surety_ bonds issued by any suretw company licensed to do business in the State of Washington. The Surety bond may he substituted by a cash (BOWEN ST. WATER MAIN EXTENSTION) deoosit in the full required amount deposited with the City Treasurer or an assi_munent of funds on deposit in a licensed bank or credit union, in the full required amount. 3. REPRESENTATIVES: The Owner hereby names the followin~ person as the representative of the Owner for all purposes re~luired by this ~agreement: The Owner warrants that the Owner's re!0resentative has full authority to bind the Owner in all respects required by this agreemem, and all ~plicable government reauirements imposed by any _agency withiurisdiction. The City_ hereby designates Ned Lever, P.E.., of its Depa~[ment &Public Works and Utilities as its Project Man~ er 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 pur0ose of carrying out the terms of this agreement. 4. PROJECT DESIGN: The Owner will retain a licensed Professional Engineer who shall design the proiect, preoare the necessary plans, and provide construction en_o~ineering to the extem reasonably neces~,. Owner shall use the following standards for design and construction of the m-oiect. Deviation fi.om standard plans will not be accept_ed. · Standard plans and s!:~ciflcation provided by the City. · Bremerton Utilities Development and Construction Standards. · Washin~on State Department of Ecolosy's Stormwater Managemem Manual for the Puget Sound Basin. · American Waterworks Association Standards. · Washin~on State Department of Transportation's Standard Spedticafions for Road, Brid~,,e, and Municipal Construction. fi. PUBLIC WORKS PROJECT PERMIT: The City's Project Man,_er will review the proieet design, plans, and sl~cifications, and when satisfied the work is in accordance with City_ standards, shall approve the Nans by stamping and si~gning 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 pro0erly accomplish the proiect. Plan changes initiated by the Owner rrrast be apl~roved in writing by the City prior to commencement or alteration of the work. (BOWEN ST. WATER MAIN EXTENSTION) The Ci~ will issue a Public Works Proiect Permit upon submittal or completion of the following: A. Construction Plans and Specifications have been approved by the City's Project B. Deposit of advance cash deposits as stated in this agreement with the City Treasurer. C Aporoved bonds posted with the City Clerk. D. Proof of insurance approved by the Risk Manager. E. A cooy of the City. or County right-of-wa~v permit submitted to the Utility. 6. INSURANCE AND INDEMNITY: The Owner or Contractor shall provide liabili~ and property damage insurance cove~g all work under this agreement for construction within the public fight-of-way, including all work provided by the Owner and its Contractor. 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 he provided to the Risk Manager prior to issuance of the Public Works Project Permit. The Owner shah hold harmless the Ci~ 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 oftbe Project Permit. Failure to begin work within the one year limit shall result in forfeiture of all Owner's fights under the agreement regardless of any other provisions of this agreement. B. The Owner agrees to continuously pursue work and complete the project within six (6) months of permit issuance. 8. ADDITIONAL CONSTRUCTION WORK REQUIREMENTS: The 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. M~'or system connections to the Cit?s system shall not be (BOWEN ST. WATER MAIN EXTENSTION) 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 oftbe City. If consent is ~iven by the City for work on Saturday, Sunday or holidays or before or at~er the normal working hours above, the Owner shall pay to the City the reasonable cost of fumishin~ the required inspection and supervision during said periods. C. Remove and correct 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 Owner or Contractor will provide landscape restoration including sodding, seeding or barking as may be requked by the Ci~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 CitVs Project Manager, landscape restoration has fallen behind installation of the segments of the project, the Pmiect Manaser 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 dung 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 Contractor's subcontractors or employees. B. Sewer acceptance requires an initial tdevision inspection of alt lines. This inspection may be conducted by the City for the cost of time and materials or bv a private agency. Costs incurred for this inspection shall be paid by the Owner following thirty (30) days (BOWEN ST. WATER MAIN EXTENSTION) written notice. C All easements necessarv for the vroiect have been obtained in the name of the City, acce~ted by the Project Manager, and recorded with the County Auditor. D. Within thirty (30'~ days of final ins~m~ior~ furnish a complete set of mylar record drawings of the ~roieet imvrovements which have been ¢regared and staml:~l by the Design Engineer. E. U~on final a~roval of ~roieet construction by the City's Project Manager, the Cilv shall aece~t and ~prove a Deed of Conveyance of the project improvements for the Owner on a form a~roved by the City Attorney. An~roval of the deed shall constitute completion of the project for the pumoses or2 1. Comvutin~ the ~aarantee veriod reauired bv this a~reement for bonding. 2. Commencement bv the CRv of its usual and customary maintenance of the vroiect imvrovements. 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 am'ees to arrange for a VaO:ial reimbursement to be made to the Owner for the cost of the line as venniRed by state law and the municipal code. Reimbursement shall be subiect to reasonable charges by the City for administration and shall be ~ayable only if the Owne~ executes a City Reimbursement Agreement and files the same with the County Auditor as a lien on vroverties to be served in the future by the water or sewer line. 11. NON-COMPLIANCE: Failure to comv~ with the terms of this ~agreement within 60 days followin~ written notice bv the Proiect Manager shall automatically result in the termination of service and forfeiture of bonds and shall not relieve the Owner of the du~ to comply with all the t~ms of this ~agreement, raving all sums due thereunder together with reasonable attorney's fees incurred by the Ci~ in enforcing the terms of this agr~ eemellt. DOUG DEAVER 27316 140TH CT. SE KENT, WA. 98042 Televhone Number 1-206-365-3695 (BOWEN ST. WATER MAIN EXTENSTION) EXECUTED this / ~4.;dav of~.~..~ . ! 99~8 CITY OF BREMERTON: LYI~ S. HORTON, Mayor DEPAR~E~PROVAL: W. EUGENE SAM~~or of Public Works and Utilities ATTEST: KATHL EN McCLUSKEY. City (]lerk FILE: BOWNPUCA.DOC w