HomeMy WebLinkAboutSYNERGY CONSTRUCTION PUBLIC UTILITIES CONSTRUCTION AGREEMENT
THIS IS A CONTRACT, made and enmred into this~_~_ day o~
2004, by and between the City of Bremerton, a first class municipal cor~6rati~n of the State of
Washington herema~er called "CiW" and _~ ~/~ ,'..-~ u
"Contractor," and referred to collectively as ~he "lga~es.';- '
WHEREAS, the purpose of this contract is to provide for the construction and public
dedication of the Chester Manor Renovation Storm Extension, hereinafter called "Project."
NOW, THEREFORE, in consideration of'the mutual covenants herein defined, and
attached and incorporated and made a pan hereof, the City and Con~ractor mutually agree to the
following terms and conditions:
1. DESCRIPTION OF TIFF. PROJECT: The Contractor will retain a licensed Professional
Engineer registered in the State of Washington (hereinafter "Design Engineer') who shall design
the Project. Thc Contractor will physically construct the Project. Th~ Pwject, to bc constructed by
the Contractor and dedicated to the City for public use, will consist of thc construction of:
APPROXIMATELY 265 LINEAL FEET OF 12-1NCH HDPE STORM PIPE,
THREE TYPE 1 CATCH BASINS 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
and incorporated by reference herein.
2. FEES AND EXPENSES:
A. The Contractor a~ees to pay in advance the following fees and expenses associated
with the project and required by the Breme.rton Municipal Code 2004:
· Storm plan check fee $ 306.30 f~
· Stoma inspection fees $ 306.3~0 ~
Total: $ 612.60
B. The Contractor shall be responsible for obtairfing and payJ.ng for necessary permits
fxom 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 Bremerton, Kitsap County, or the State o£Washington.
C. The Contractor shall pay all costs associated with easement acquisition and insuring
title to the properties.
Bremer~on/Contractor
Public Utilities Cov..~uc~on A~reeracnt
Page I of 7
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The Contractor warrants that the Contractor's representative has full authority to bind the
Conlxactor in all respects required by this agreement, and all applicable government reqm'rementz
imposed by any agency with ju~sdiction. The City hereby designates Paul WancUing of its
Depa~iient of Public Works and Utilities as its Project Manager and warrants that the Project
Manager bas 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 t~a~ls of this agreement.
4. PRO~ECT DES1GN: The Contractor will retain a Design Engineer who shall design the
project, prepare the necessary plans, and provide construction engineering to the extent reasonably
Ileeessary.
The Contractor shall use the following up to date standards for drafting, design and
cons~ucfion of the project. Deviation from City standards will not be accepted. · Standard plans and specification provided by the City.
· Bremcrton Utilities Development and Conslxuction Standards.
· WashJ~gton State Dc-.path, ent 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 PRO4-ECT 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 rerluire modification of the plans at the Contractor's expense in the cw-nt
of errors or mistakes in the drawings, or if new in~rmation 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 commencement or alteration of
the work. Proposed plan changes shall be accompanied by an estimate of value.
The City will issue a Public Works Project perrmt upon completion of the following:
· Construction Plans and Specifications have been approved by thc 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 thc Risk Manager.
· A copy of the City or County right-of-way permit subm/tted to the Utility.
6. INSURANCE AND INDEMNITY: The Contractor shall provide liability and property
damage insurance coveting all work under this agreement for construction within the public right-
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, $2,000,000.00 each person;
- $2,000,000.00 each accident;
- Property damage, $500,000.00
Brcmerton/Con~actor
Pabli¢ Utilities ConsW.~ction Agreement
Page 3 of 7
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Evidence of such insurance shall be provided to the City's Risk Manager prior to issuance
of the 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, indemnify, 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 failuxes to act of
Contractor, its employees, its subcontractors, its agents, or its assigns in the performance of this
Agreement. The City and Contractor have specifically negotiated Contractor's waiver of its
immunity 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
the acts or failures to act of the City.
7. PROSECUTION OF WORK:
A. Construction of the proj eot shall be initiated by the Contractor within one (1) year of
execution of this agreement or within 30 days of issuance of the Project Pexmit,
whichever shall sooner occur. Failure to begin work within the one-year limit shall
result in forfeiture of all rights 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 ofpcrtnit 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 thc 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 Citys system shall not
be authorized on Fridays. Subsequent operation of syst~a valv~ must be performed
by City personnel.
B. No work shall be performed by the Contractor other than Monday through Friday
between 7:30 &m. and 6:00 p.m., exclusive of City holidays, except with written
prior cons~t of the City' Project Manager. If cement is giwn by the City's Project
Manager for work on Saturday, Sunday or holidays 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 supervision during said periods.
C. Remove and correct at the expense of the Contractor any improvements not
authorized or constructed in compliance with the Utilities Development and
Construction Standards.
Bremcrto~Contractor
Public Utihtics Construction Agreement
Page 4 of 7
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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 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.
E. Notify the City when the project is ready for final inspection and approval by the
Utility.
9. I~NSPECTIONS AND FINAL ACCEPTANCE:
A. The City will provide periodic inspeCtion during construction to ensure that the
work complies with plans and City Utilifes and Construction Standards. Inspections
by the City shall not relieve the Contractor otits 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
consU'uction site safety requirements, or the Contractor's employees.
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.
C. Within thirty (30) days of final inspection, furnish a complete set of Mylar "Asbuilf'
drawings of the project improvements that have been prepared and stamped by the
Design Engineer and a complete set of electronic AsbuJlt drawings, in Autocad®
2000i.
D. Upon final approval of project ~nstruction by the City's Project Manager, the City
shall accept and approve a Deed of Conveyance of the prejeet improvements for the
Contractor on a form approved by the City Attorney. Approval of the deed ~hall
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 water services upon payment of service fees.
10. GENERAL CONDITIONS:
~formation: 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.
Brcrne~on/Contractor
Public U~ilifies Cous~uction Agre~roent
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Con~ractor shall maintain accounting records in accordance with Generally
Accepted Accounting Principles (GAAP) to substantiate all billed amounts_
B. ~eament: This Agreement and its Exhibits constitutes the entire
agreement between the Parties, and the Partie~ acknowledge that there are no
other agreements, writ'ten or oral, that have not been set forth ia the text of this
Agreement.
C. Severabili~:: 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 inst~.ment signed
by both Part, es.
E. Notices: Notices shall be in writing and delivered to the following addresses:
City Address Conwactor Address
City of Bremerton
ATTN: Paul Wandling ATTN: ~O~/
3027 Olympus
Tel:
F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this
Agreement shall not be deemed waiver of any other right or power.
G. Corn llano 'th 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.
I. 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.
11. NON-COMPLIA1NCE/TEPd~INATION: Failure to comply with the teu~s of this
agreement within 60 days following written notice by the Project Manager shall automatically result
in the termination of service and foffc4ture of bonds and shall not relieve the Contractor of the duty
Bremt.'rton/Contr actor
Public Utihties Constra~tlon Agreement
Page 6 of 7
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to con'~ly 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 t~,,~ of this agreement.
12. SUCCESSORS AND ASSIGNS: The City and Contractor each agree to be bound to the
other party in respect to all covenants, agreements, and obligations contained m this contract.
Neither pan'y shall assign the contract in part or as a whole, without the written consent of the
other.
IN wrrl~SS VOtEREOF the parties hereto have executed this Contract thc date and
year indicated.
Contractor
[name], [title] f,~jec~ ~a4~ date
Cary Bozen~an, Mayor date
~tal App. val
Directo~ of Public Works and Utilities
/l(oger Lubovic~omey
k
-I{a~t~ec.M~,l~,l~ City C cr
[]ChesterManorSTMpuca. doc
Bremetto~/Contractor
Pubhc Utflifie~ Co~truction Agreement
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