HomeMy WebLinkAboutTIFERET LLC (Ti fe~l LLC)
PUBLIC UTILITIES CONSTRUCTION AGREEMENT
THIS IS A CONTRACT, made and entered into this 20 day of August ,2004,
by and between the City of Bremertou, a first class mun/cipal corporation of the State of
Washington hereinafter called "City" and Tiferet LLC, hereinaRer called "Owner," and
referred to collectively as the "Parties."
WHEREAS, the purpose of this contract is to provide ~'or the construction and public
dedication of the Campbell Way Row Houses Water Main Extension, hereinafter called
"Project."
NOW, TgIEREFORE, in consideration of the mutual covenants herein de£med, and
attached and incorporated and made a part hereof, the City and Owner mutually agree to the
following terms and conditions:
1. DESCRIPTION OF THE PROJECT: The Owner w/Il retain a licensed Professional
Engineer registered in the 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 for public use, will consist of the construction of:
APPROXIMATELY 182 LINEAL FEET OF 8-INCIt CLASS 52 DUCTILE IRON
WATER PIPE,ONE FIRE ItYDRANT, ONE BLOW OFF AND MISCELLANEOUS
APPURTENANCES.
The Contractor shall provide all performance of work, including all labor, materials,
transportation, equipment, supplies, and services necessary for and reason.ably incidental to the
completion of all work as set out in tl~e plans and specificatiom attached as A~roved s~ of Plans
m~d incorporated by reference herein,
2. FEES AND EXPENSES:
A. The Owner agrees to pay in advance the following fees and expenses associated
with the project and rexluired by the Bremerton Municipal Cod~:
· Watcrplancheckfec $ 214.~1
· Water inspection fees $ 408.40
· 8" Tap $3,586.77
Total: $ 4 209.58
B. The Owner shall be responsible for obtaining and paying for necessary permits from
other governmental agencies m~d shall be responsible ['or m~y additional costs for
inspection billed to the City by any government agency, including but not limited to
the City of Bremerton, Kit~p County, or the State of Washington.
C. The Owner shall pay' all costs associated with easement acquisition and insuring tit e
to the properties.
TJ£erct LLC-Goldberg
(Ti.r, ret LLC)
D. The Owncr shall ensure that thc Contractor 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
(1) One hundred and fifty percent (150%) of the Design Engineer's estimated
cost of constmctiun, as approved by the City, for all work occurring within
public right-of-way or on City Property and/or 20% on private property.
Warranty .Bond
(1) Twenty percent (20%) of the actual cost of construction, Effective for 2 years.
E. The bonds shall provide thc following:
(1) The Contractor shall complete file project in accordance with. good and
accepted cmgineering and construction practice.
(2)Thc Contractor shall comply with all the terms of this agr¢oment.
(3) The Conmctor 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 ),ears a~er completion of
construction unless affirmatively released sooner by thc 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 sttrety company that is licensed to do
business in the State of Washington and meets the City's Risk Manage'rs
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
unrestricted assignment of funds on deposit in a licensed ba~ or credit
union, in the full-requital amount.
F. Contractor shall possess a current Bremerton Business License and regulatou
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 witl~old
the delinquent amount, plus any additional charges arising firom the delinquency,
from any payments duc Contractor.
3. REPRESENTATIVES: The Contractor hereby names the following person as the
representative of the Contractor rot all purposes required by this agreement:
Z'Iame.. Name;
Phone: Phone:
,4 ddress : addres.~ :
Tifcrct LLC-Goldberg
(l'ifcrct
Email.- fax: ernail, fax:
The Contractor warrants that the Contractors representative has full attthority to bind thc
Contractor in all respects required by this agreement, and all applicable government requirements
imposed by any agency with jurisdiction. The City hereby designates Paul Wandling of its
Depa_nment of Public Works and Utilities as its Project Manager and warrants that the Project
Manager has full aathotity 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 desig~l the
project, prepare the necessary plans, and provide construction engineering to the extent reasonably
ncccssary.
The Contractor shall use the following up to date standards for drafting, design and
construction of the project. Deviation fi-om City standards will not be accepted. · Standard plans and specification provided by the City,
· Bremer~on Utilities Development and, Construction Standards.
* Washington State Deparlment 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 PRO,IECT PERMI'[: 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 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 writing by the City's Project Manager prior to commencement ot alteration of
the work. Proposed plan changes shall be accompanied by an estimate of value. Where cost-
savings opportunities are i&n~tified, thc Contxactor shall agree to provide a deductive 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 oft he following:
· Construction 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 fine City or County fight-of-way permit submitted to thc Utility.
6. INSURANCE ANB INDEMNITY: The Contractor shall provide liability and property
damage insurance coveting all ~vork under this agreement ['or consmaction within the public right-
of-way, including all work provided by Sub-Contractors. Said insurance shall name the City of
Brernerton as additional insured and provide the following limits:
- Bodily injury, $2,000,000.00 each person;
- $2,000,000.00 each accident;
Tiferet LLC-Goldberg
- Property damage, $500,000.00
Evidence of such insurance shall be provided to thc 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 bold harmless the City and/ts officials and
employees from and against all liability, loss, damages, and expenses, including costs and
attorneys' fees, resulthag in whole or in part from actions, claims, and lawsuits ar/sing or alleged
to have arisen, in whole or in part, om 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
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 thc 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 project shall be initiated by the Contractor within one (1) year of
execution of this 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 rights under the agreement regardless of any other
p~'ovisions of this agreen~ent.
B. The Contractor agrees to continuously pursne work and complete the project within
six (6) months ofpermiI issuance.
8. ADDITIONAL CONSTRUCTION WORK REQUIREMENIS: 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. 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 thc City' Project Manager. If consent is given 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 thc City the reasonable cost of
furnishing the reqnired 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.
Ti fei'et LLC-Ooldberg
(Tifcr¢~ LLC)
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 re, toration 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. INSPECTIONS AND FINAL ACCEPTANCE:
A. The City will provide periodic inspection during construction re ensure that the
work complies with plans and City Utilities and Construction Standards. Inspections
by the City shall not relieve the Contractor of its responsibility to eomtruct thc
project in full accord with the standards of the City. Nor shall inspection be deemed
to be supervision of the project, methods or means ofpetformance, compliance with
construction site safety req~rements, or the Contractor's employees.
B. 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, fitmish a complete set of Mylar "Asbuilt"
draw/ngs of the project improvements that have been prepared and stamped by the
Design Engineer and a complete set of electronic Asbuilt drawings, in Autocad®
2000i.
D. Upon final approval ofpmject construction by thc City's Project 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 the deed shall
constitute completion of the project for the proposes 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) Cornmencement of water services upon payment of service fees.
10. GENERAL CONDITIONS:
A. Reports and Information: When reqt~ested 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.
Tifcret LLC-Go[dbcrg
(*n ferct L~)
Conlxactor shall maintain accounting records in accordance with Generally
Accepted Accounting Principles (GAAP) 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.
C. .S..everabilit¥: Should any part of this Agreement be found void, the balance o:f the
Agreement shall remain in full force and effect.
D. Modification: This Agreement may only be modified by w~tten 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 Pacific Heights Construction
Al-IN: Paul Wandling 19302 Powder Hill Place
3027 Olympus Dr. Poulsbo,Washington 98370
Bremerton WA. 983 l0
Tel: 360-478-2351 Tel: (360) 598-3960
F. Waiver: Failure to enforce any prevision of this Agreement shall not be deemed a
waiver of fl~at provision_ Waiver of any right or power arising out of this
Agreement shall not be deemed waiver of any other right or power.
G. .Cgmpliance 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 W~hington. Any judicial action to resolve disputes arising
out of this Agreement shall be brought in Kitsap County Superior Court,
I. Attomew~' 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-COMPLIANCEfrERMINATiON: Failure to comply wiflq the terms of this
agreement within 60 days following written notice by thc Project Manager shall automatically result
in the termination of service and forfeiture of bonds and shall not relieve the Contractor o:f the duty
to comply with all the terms of this agreement, paYing all sums due them under together ~vith
reasonable attorney's fees inenrred by the City in enforcing the terms of this agreement.
Tfferct LI,C-Goldberg
('ri£eret LLC)
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 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.
TIFERET, LLC
[nam'~], [Ode] ~ / d~e
D~pa~----~l Approval
PHIL WILLIAMS
Director of Public Works and Utilities
Ti f'eret LLC-Ooldberg