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
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