HomeMy WebLinkAboutDAHL CONSTRUCTION PUBLIC UTILITIES CONSTRUCTION AGREEMENT
IS A CONTRACT, made and entered into this ~ day of ~ ~
THIS
2002, by and between the City of Bremerton, a first class municipal corporation of the State of
Washington hereinafter called "City" and DaM Constraction, hereinafter calIed "Contractor,"
and referred to collectively as the "PaO. ies."
WHEREAS, the purpose of this contract is to provide for the constraction and public
dedication of the Garland Lane Water Main Extension, hereinafter called "Project."
NOW, THEREFORE, in consideration of the mutual covenants herein defined, and
attached and incorporated and made a part hereof, the City and Contractor mutually agree to the
following terms and conditions:
1. DESCRIPTION OF THE PROJECT: The Contractor will retain a licensed Professional
Engineer registered in the State of Washington (hereina~er "Design Engineer") who shall design
the Project. The Contractor will physically construct the Project. Tb.e Project, to be constructed by
the Contractor and dedicated to the City for public use, will consist of the con,struction of:
APPROXIMATELY 330 LINEAL FEET OF 8-1NCH DUCTILE IRON CLASS 52
WATER PIPE AND MISCELLANEOUS APPURTENANCES.
The Contractor shall provide all performance of work, including all labor, materials,
transportation, equipment, supplies, and services necessary for and reasonably incidental to the
completion of all work as set out in the plans and specifications attached as Approved set of Plans
and incorporated by reference herein.
2. FEES AND EXPENSES:
A. The Conlractor 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 $105.00
· Water inspection fees $~
Total: $ 420.00
B. The Contractor shall be responsible for obtaining and paying for necessary permits
from 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 of Bremen'ton, Kitsap County, or the State of Washington.
C. The Contractor shall pay all costs associated with casexnent acquisition and insuring
title to the properties.
Public Utilities Comtraction Agreement
Page 1 of 7
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(GarlandFqevg~er Waler Main Exlcnsion)
D. The 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 amounts as follows:
Performance Bond
· .,s' ...... s ....... ~ · ,"v'~,,:'- Twenty percent (20%) of the actual
cost of estimated construction on Private Property.
Warranty Bond
(1) Twenty percent (20%) of the actual cost of construction.
E. The bonds shall provide, the following:
(1) The Contractor shall complete the project in accordance with good and
accepted engineering and construction practice.
(2)The Contractor shall comply with all the terms of this agreement.
(3) The Contractor shall fully comply with all requirements of law in carrying
out the project, and shall comply with all lawfifl requirements imposed by
any agency with jurisdiction relating to the project.
(4) The Warranty Bond shall be effective for two years afar completion of
construction unless affn-matively 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 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 Treasurer or an irrevocable and
unreslricted assignment of funds on deposit in a licensed bank or credit
union, in the full-required amount.
F. Contractor shall possess a current Bremerton Business License and regulatory
licenses required to fulfill Contractor's obligations under this contract. As an
independent contractor, Contractor is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this 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 have been declared
delinquent, Contractor, by this agreement, assigns any payments due under this
contract to the City Clerk 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 following person as the
r~resentafive of the Contractor for all purposes required by this agreement:
Name:~To r~l VeArat~.t-. D~t~oWi ~t. OKtLff' Name: ~v..lO A
Phone: c.OIoO -' 37~,'~ {~qYg ' ~J Phone:
,~aaress- g'I6to '"FraeWto,,~ t~eack /&t, ,=aa,-,ss: toxic> ,,//a_qes Ln /Otc)
Bremenon/Vergeer ~?.vha.~-}on W.~c ~510
Public Utilities Cons~uction Agreement
Page 2 of 7
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The Contractor warrants Shat the Commctofs representative has full authority to bind the
Contractor in all respects required by this agreement, and all applicable government requirements
imposed by any agency with juhsdiction. The City hereby designates Paul Wandling of its
Department of Public Works and Utilities as its Project Manager and warrants that lhe 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 construction 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 accapted. · 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. PI~BLIC WORKS PRO,IECT 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 at the Contractor's expense in the event
of errors or mistakes in the draw/rigs, 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 writing by the City's Project Manager prior to coiLu,encement or alteration of
the work. Proposed plan changes shall be accompanied by an estimate of value. Where cost-
savings opportunities am identified, the Contractor shall agree to provide a deductive credit to the
City equal to 50 percent ofltae value of the coot savings.
The City will issue a Public Works Project Permit upon completion of the following:
· Construction Plans and Specifications have been approved by the City's Project
Manager.
· Deposit of advance cash deposits as stated m this agreement with the City Treasurer.
· Approved bonds posted with the City Clerk.
· Proof ofimurance approved by the Risk Manager.
· A copy of the City or County right-of~way permit sabmitted to the Utility.
6. INS[IRANCE AND II~I)E1V~'ITY: The Contractor shall provide liability and property
damage insurance coveting all work under this agreement for construction within the public fight-
of-way, including all work provided by Sub-Contractors. Said insurance shall name the City of
Bremerton as additional insured and provide the following limits:
- Bodily injury, S2,000,000.00 each person;
- $2,000,000.00 each accident;
- Property damage, $500,000.00
Bremerton/Vergeer
Public Utilities Commaction Agreemem
Page 3 of 7
~-d 8B£~BL~098 uo~uemauB 30 ~3 e~:BO ~0 BO ~nB
Evidence of such insurance shall be provided to the City's Risk Manager prior to issuance
oftbe Public Works Project Permit. Insurer shall provide the City's Risk Manager with 30 days'
written notice of any cancellation or change of coverage of the policy.
Contractor agrees to defend, indemnlfy, and hold harmless the City and its officials and
employees from and against all liability, loss, damages, and expenses, including costs and
attorneys' fees, resulting in whole or in part from actions, claims, and lawsuits arising or alleged
to have arisen, in whole or in part, out of or in consequence of the acts or failures to act of
Contractor, its employees, its subcontractors, its agents, or its assigns in the performance of this
Agreemcm. The City and Contractor have specifically negotiated Contractor's waiver of its
immuniW under Title 51 RCW, which is hereby waived for purposes of Contractor's
indemnification and hold harmless of the City, including the duty to defend. This provision shall
be inapplicable to the extent such action, claim, or lawsuit is judicially found to arise solely from
thc acts or failures to act of thc City.
7. PROSECUTION OF WORK:
A. Construction of the project shall be initiated by the Conlractor within one (1) year of
execution of tlxis agreement or within 30 days of issuance of the Project Permit,
whichever shall sooner occur. Failure to begin work within the one-year limit shall
result in forfeiture of all fights under the agreement regardless of any other
provisions of this agreement.
B. The Contractor 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 thc following:
A. Schedule system connections with the Project Manager and meet all requirements
for the connection and testing of their improvements in the presence oftbe 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 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' Project Manager. If consent is given by the City's Project
Manager for work on Saturday, Sunday or hohdays or before or after the normal
working hours above, the Contractor shall pay to the City the reasonable cost of
furnishing the required inspection and superdsion during said periods.
C. Remove and correct at the expense of the Conlxactor any improvements not
authorized or constructed in compliance with the Utilities Development and
Construction Standards.
Brernerton/'Vergeer
Public Utilities Construction Agreement
Page 4 of 7
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D. Restore ali 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 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
se~nents 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. INSPECTIONS 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. Inspections
by thc City shall not relieve the Contractor of its responsibility to construct the
· project in full accord with the standards of thc City. Nor shall inspection bc deemed
to be supervision of the project, methods or means of performance, compliance with
construction site safety require, merits, or the Contractor's employees.
B. All easements necessary for thc project have been obtained in the namc of the City,
aeccpted by the Project Manager, and reeorded with thc County Auditor.
C. Within thirty (30) days of final inspection, furnish a complete set of Mylar "Asbuilt"
drawings of the project improvements that have bccn prepared and stamped by thc
Design Engineer and a complete set of electronic Asbuilt drawings, in Autocad~
2000i.
D. 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 improvemems for the
Contractor on a form approved by the City Attorney. Approval of the deed shall
constitute completion of the project for the purposes of:
(1) Computing the guarantee period required by tiffs agreement for bonding.
(2) Commencement by tlae City of its usual and customary maintenance of the
project improvements.
(3) Commencement of water services upon payment of service fees.
10. GENERAL CONDITIONS:
A. Reports and Information: When requested by the City, Contractor shall furnish
periodic reports and documents on matters covered by this Agreement. The
reports and documents shall be furnished in the time and form requested,
Public Utilities Construction Agreement
Page 5 of 7
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Contractor shall maintain accounting records in accordance with Generally
Accepted Accounting Principles (G/La.P) to substantiate all billed amounts.
B. Entire Agreement: This Agreement and its Exhibits constitutes the entire
agreement between the Parties, and the Parties acknowledge that there are no
other agreements, written or oral, that have not been set forth in the text of this
Agreement.
Severabilitv: 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 Parties.
E. Notices: Notices shall be in writing and delivered to the following addresses:
City Address Contractor Address
City of Bremerton Dahl Construction
· ATTN: Paul Wandling ATTN: Dale Dahl
3027 Olympus Dr. 10230 Yatcs Ln. N.W.
Bremerton WA. 98310 Bremerton, WA 98312
Tel: 360-478-2351 Tel: 360 830-4550/830-5191
Fax: 360 830-4684
F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any rigttt or power arising out of this
Agreement shall not be deemed waiver of any other right or power.
G. Compliance with Laws: Contractor shall comply with all applicable Federal,
State, and local laws in performing its obligations under this Agreement.
H. Choice of Law and Venue: This Agreement shall be interpreted according to the
laws of the State of Washington. Any judicial action to resolve disputes arising
out of this Agreement shall be brought in Kitsap County Superior Court.
Attorneys' Fees: The substantially prevailing Party in any litigation arising out of
this Agreement shall be entitled to its reasonable attorneys' fees and court costs.
! 1. NON-COMPLIANCE/TERMINATION: Failure to comply xvith 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 Contractor of the duty
to comply with all the terms of this agreement, paying all sums due there under together with
reasonable attorney's fees incurred by the City in enforcing the terms of this agreement.
Bremerton/Vergeer
Public Utihfies Construction Agreement
Page 6 of 7
1 2. SUCCESSORS AND ASSIGNS: The City and Contractor each agree to be bound to the
other party in respect to a21 covenants, agreements, and obligations contained in this contract.
Neither party shall assign the contract in part or as a whole, without the written consent of the
other.
IN WITNESS WHEREOF the parties hereto have executed this Contract the date and
year indicated.
I CoastT~
date
date
Director of Public Works and Utilities
Approved as to form:
Roger Lubovich
Attorney
Received for Filing:
[~ Garland WTRpuca2.do c
BtemertoWVergeer
Pubtic Utilities Consm:cfion Agreement
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