HomeMy WebLinkAboutBERSCHAUER PUBLIC UTILITIES CONSTRUCTION AGREEMENT
THIS IS A CONTRACT, made anti entered into this/Z~lay of
200 ~"oy and between the City of Bremertou, a first class muni.cipal corporation of the State of
W~-ungton herdr~er called "City" and ~..,~,,/,,~'t?/~.,' .. hereinafter called
'Co.t to ," =d ef ed to con vely the "P ies.r'
WHEREAS, thc purpose of this contract is to provide for the construction and public
dedication o£the Kitsap County Emergency Services Readiness Center Water Main
Extension, hereiuater called "Project.."
NOW, TWI~.REFORE, in consideration of the mutual cov~ants herein defined, and
attached and ineorporatedTend made a part hereof, the City and Contractor mutually agree to the
following terms and conditions:
1. DESCRIPTION OF THE PROJECT: The Conttactor will retain a licensed Professional
Engineer registered in thc State of Washington (hereinafter 'Design Engineer") who shall design
the Project. The Contractor will physically construct the Project. The Project, to be constructed by
the Contractor and dedicated to the City/'or public use, will consist of the construction o£:
APPROXIMATELY 826 LINEAL I*EET OF 8-INCH AND 603 LINEAL FEET OF
transportation, equipment, supplies, and services necessary for and reasonably incidental to tho
completion of all work as set out in the plans and specifications aruached az Approved set of Plans
and incorporated by reference herein.
FEES AND EXPENSES:
A. The Contractor agrees to pay in advance the f'ollowing fees and expenses associated
with thc project and required by.the Bmmerton Municipal Code:
· Water plan check fee $157.19
· Water inspection fees $1143.20
Tolal: $1300.39
B. lne ~onlracmr shall be responsmie ~or obtaining aha p~ying mr necessary permits
fi'om other governmental agencies and shall be responsible for any additional cos:s
for inspection billed to the City by any government agency, including but not limited
to the City of Bremerton, Ir,.itsap County, or the State of W~hington.
C. The Conlractor shall pay all costs associated with easement acquisition and insm/ng
title to the properties.
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(Ki;s~p R~di~ss C~r Wirer Main E~s~o~)
D. The Contractor shall post with the City Treasurer a Performance Bond prior to
construction and a Wmanty Bond upon completion of the work. The bonds shall be
posted in the amounts as follows:
Perform~oe Bond
(1) One hundred and fifty percent (150%) of the Design Engineer's estimated
cost of construction, as approved by the City, for all work occurring within
public right-of-way or on City Property md/or 20% m private property.
Warranty Bond
(1) Twenty pement (20%) of the actual cost 0f construction. ~-~,~
E. The bonds shall provide, the following:
(I)The Contractor shall compIete the project in accordm~e with good and
accepted mgineering and consu'ucticn practice.
(2)The Contractor shall comply with all the terms of this agreement.
(3) The Con~ractor 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 two years ~r completion of
construction unless aflh'matively released sooner bythe 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 that is licensed to do
business in the State of Washington and meets the City's Risk Managers
rating criteria The Surety bond may be substituted by a cash deposit in the
full-required amount deposited with the City Treasur~ or an irrevocable and
unrestricted assignment of funds on deposit in a licemed bank or credit
union, in the full-required amount.
F. Contractor shall possess a curt-eat Bremenon Business Lic~se and regulatory
licenses required to fulfill Contractor's obligations under this contract. As an
independent contractor, Contractor is responsible for paym~tt of all taxes and
licensing fees necessary to perform its obligations under th£, Agreement. These
taxes and fees include but are not limited to State industrial insurance, B&O, and
City business licensing. If any taxes or fees due the City ha~ been declared
delinquent, Contractor, by tkis agreement, assigns any payments due under this
contract to thc City Cl~rk for payment of such taxes The City may also withhold
the delinquent amount, plus any additional charges arising from the delinquency,
from any payments due Contractor.
3. REPRESENTATIVES: The Contractor hereby names the followirlg person as the
represeattativc of the Contractor for all purposes required by t~s a~re~nent:
roche: ~ --~ 7 3 ~2[.,'"J ff' t'~on~. .~'d-, o 7 5-~'. , 5'~)'~ 4
Email: f~r: ~il: '~ ~ ~ f~:
Public UtiliZes Co~sm~don
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The Contractor warrants that the ConWaetofs representative has full authority to bind the
Conu'actor in all respects required by this agreement, and ali applicable government requirements
hnposed by any agency with jurisdiction. The City hereby designates Paul Wandling of its
Depar~rflent of Publ/c Works and Utilities as its Project Manager and warranls 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 Contractor will retain a Design Engineer who shall design the
project, prepare the necessary plans, and provide consmaction engineering to the extent reasonably
necessary.
The Contractor shall use the following up to date standards for drafting, design and
construction of the project Deviation from City standards will not be accepted.
·Standard pla~ and specification prey/dod by the City.
Bremerton Utilities Development and Consmaction Standard~
· Washington State Department of Ecology's Storrawater Ma~ement Manual for
the Puget Sound Basin.
· American Waterworks Association Standards.
· Washiugton S~ate Depam'nent oft .raasportation's Standard Specifications for Road,
Bridge, and Municipal ConSua~cfion.
S. PUBLIC WORKS PROJECT PERMYr: The City's Project Man/~ier will review the
project design, plans, and specifications, and when satisfied the work is in accordance with City
smudards, shall appwve the plans by stamping and signing four (4) copies of the plan sheets. The
City reserves the right to require modification of the plans at the Contractor's expense 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 Contractor
must be approved in ~Titing by the City'S Project Manager prior to commencanent or alteration of
the work. Proposed plan changes shall be accompanied by an estimate of rathe. Where cost-
savings opportunities are identified, the Contraaor shall agree to provide a d~ducfive credit to the
City equal to 50 percent of the value of the cost savings.
The City will issue a Public Works Project Permit upon completion of the following:
· Co~ction Plans and Specifications have been approved by the City'S Project
Manager.
· Deposit of advance cash deposits as stated in this agreement with the City Treasurer.
· Approved bonds posted with the City Clerk.
· Proof of insurance approved by the Risk Manager.
A copy of the City or County right-of-way permit submitted to the Utility.
6. INSURANCE AND II~DEMNI'IY: The Contractor shall provide liability and property
damage insurance covering all work under this agreement for construction within the public right-
of-way, ineludinglall work provided bySub-Con~xactors. Said insurance shall name the City of
Bremerton as additional imured and provide the following limits:
- Bodily injury, $2,000,000.00 each person;
: $2,000,000.00 each accident;
- Property damage, $500,000.00
Publk UtiliZes Co~m~ica Agreemeat
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D. .Restore all pablic ard private property disrupted by the installation of the project to
~ts original condition upon completior~ The entire job site w/Il be maintained in a
neat and workman like appearance. The Contractor will provide landscape
restoration including sodding, seeding or barking as may be required by the City's
?roject Manager. Landscape restoration shall follow installation of the various
se~ment~ of the project as closely as is practicable. When, in lhe opinion of the
City's l:~roject Mamgcr, landscape restoration has fallen behind installation of the
segments of the project, the Project Manager may halt all conm'action work until
restoration catches up.
E. Notify the City when the project is ready for final inspection md approval by the
Utility.
9. INSPECTIONS AND I*I/~AL ACCEPTANCE:
A. The City'will prov/de periodic inspection duri~g construction to ensure that the
work complies ~5th plans and City Utilities and Comtmctioa Standards. Inspections
by the City shall not relieve the Contractor of its respor~ibility to con~tmct the
project in full accord ~Sth the standards of the City. Nor shall inspection be deemed
to be supervision of the project, methods or means o£perforraance, compliance with
construction site safety requirernents, or the Contractor's eaq~oyees.
B. All easements necessary for the project have been o~ained in the name of the City,
accepted by the Project Manager, md recorded with the Couaty Auditor.
C. Within thirty (30) days of final inspeztion, furnish a complete set of Mylar "Asbuilt"
drawings of the project impmvemenfs that have been prepare{l and stamped by the
Design Engineer and a complete set of electronic Asbuilt dra,,~ngs, in Autocacl®
2000/.
D. Upon final approval ofproj ect construction by the Cites Projmt Manager, the City
shall accept and approve a Deed of Conveyance of the project improvements for the
Contractor on a form approved by the City Attorney. Approval of th~ deed shall
constitute completion of the project for the purposes of:
(1) Computing the guarantee period required by tl~is agreement for bonding.
(2) Co .mm .encement by the City of its usual and custornar~ maintenance of the
project improvements.
(3) Commencement of water services upon payment of serdce fees.
10. GENERAL CONDITIONS:
A. ~Informat.~.~: When requested by the City, Contnctor shall furnish
periodic reports and documents on matters covered by ~ Agreement. The
repom and document~ shall be furnished in the time and form requested.
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{Ki~p R~din~ C~ntcr Wat~ Main
Contractor shall maintain accounting records in accordance with Generally
Accepted Accounting Principles (GAAP) to substantiate all billed amounts.
B. Entire Agreement: This Agreement and its Exifibits constitutes the onti~
agreement between the Parties, and thc Paz'des acknowledge that there arc no
other agre~nents, written or oral, that have not been set forth in thc text of this
Agreement.
C. S~verabiliW: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
D. Modification: This Agreement may only be modified by written instrument signed
by both Pmica.
Notices: Notices shall be in writing and delivered to the following addresses:
City A Contractor Address
citY °f B_~. ~.rt°n... ) "-
"---~ 3027 Olympus Dr. /'
Br~m~rton WA. 98310
F. Waiver. Failure to enforce any provision of this Agreement shall hot be deemed a
waiver of that provision. Waiver of any right or power arising out of fids
Agreement shall not be deemed waiver of any other right or power.
G. Complianc~ with Laws: Contractor shall comply with ali applicable Federal,
State, and local laws in pcrformmg its obligations under this Agreement.
H. Choice of Law and Venue: This Agreement shall be interpreted according to the
laws o£the State of Washington. Any judicial action to resolve disputes arising
Oat of this Agreement shall bc brought in Kitsap County Superior Corm.
Attorneys' Fees: The substantially prevailing Pazty in any litigation arising oat of
this Agreem'eZtt, shall be entitled to its reasonablc attorneys' fccs and court costs.
]]. NON-COMPLIANCFJTE~A~ON: Failure to comply with the terms of this
agreement within 50 days following written notice by the Project Manager shall automatically rcsulL
in the tomfination of service and forfeiture of bonds and shall not relieve the Contractor of the duty
to comply with all the terms of this agl~¢ment, paying all sums duc there under together with
reasormble attorney's foes incurred by the City in enfm'cing the terms of this agreement.
Public Utilities Construcfon Agr~tmnt
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~ P~sdin~ss Cent- W~r Main Extension)
12. SUCCESSO~ ~ ASSIGNS: ~e Ci~ ~d Con~a~or ~ach a~e to b~ bo~d to th~
o~ p~ ~ m~ect to ~I covm~, a~eements. ~d obligafio~ writhed ~ ~s contact.
Neith~ ~. *h~ ~i~ ~e con. ct ~ ~ or ~ a whole, wi~out the ~en consmt of the
o~or.
IN WITNESS WI~REOF the parties hereto have executed this Contract the date and
year indicat~l..
Contrnetor
[n~e], [titlel ~,~ date
Cary Boze~nan date
Mayor
W. Eugene S'-ample~'~ ~ i
Director of Public Works a~d Utilities
Approved as to form:
Roger Lubovich
Attorney
SYKR. Cw~ac~.dOc
l~lic U '~liti~ Coasnmioa
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