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HomeMy WebLinkAboutUS NAVY Navy Parking Garage PUBLIC UTILITIES CONSTRUCTION AGREEMENT THIS IS AN AGREEMENT, made and entered into this/t21~Lday 200 ~-, by and between the City of Bremerton, a first class municipal corporation of the fftate of Washington hereinafter called "City" and The United States Navy, hereinafter called "Owner," The Owner will also retain a licensed contractor hereinafter called "Contractor" who shall be a party to this agreement. WHEREAS, the purpose of this contract is to provide for the construction and public dedication of the STORM MAINS ASSOCIATED WITH THE PARKING GARAGE, hereinafter called "Project." NOW, THEREFORE, in consideration of the mutual covenants herein defined, and attached and incorporated and made a part hereof, the City, Owner 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 (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 554' OF 12" STORM PIPE, FIVE TYPE 2 CATCH BASINS, AND EIGHT 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 Approved set of Plans and incorporated by reference herein. 2. FEES AND EXPENSES: A. The Contractor agrees to pay in advance the following fees and expenses associated with the project and required by the Bremerton Municipal Code: · STORM PLAN CHECK FEE: $1,330.57 · STORM MAIN INSPECTION FEES: $ 977.18 Total: $ 2,307.75 B. The Contractor shall be responsible for obtaining and paying for necessary permits fi:om 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 of Washington. Navy Parking Garage. Public Utilities Constxucfion Agreement Page 1 of 7 Navy Parking Garage C. 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 (1) One hundred and fifty percent (150%) of the Design Engineer's estimated cost of construction for all work occurring within public right-of-way or on City Property. (2) Twenty percent (20%) of the Design Engineer's estimated cost of construction for all work occumng on Private Property. Warranty Bond (1) Twenty percent (20%) of the actual cost of construction. D. The bonds shall provide, as a minimum, 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 lawful requirements imposed by any agency with jurisdiction relating to the project. (4) The Warranty Bond shall be effective for at least two years after completion of construction unless affirmatively 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 licensed to do business in the State of Washington. The Surety bond maybe substituted by a cash deposit in the full-required amount deposited with the City Treasurer or an assignment of funds on deposit in a licensed bank or credit union, in the full-required amount. E. 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. The City may also withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Contractor. 3. REPRESENTATIVES: The Owner hereby names the following person as the representative of the Owner for all purposes required by this agreement: Ensi~ Nick Leinweber Navy Parking Garage. Public Utilities Conslruction Agreement Page 2 of 7 Navy Parking Garage The Owner warrants that the Owner's representative has full authority to bind the Owner 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 Department of Public Works and Utilities as its Project Manager 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 purpose of can'ying out the terms of this agreement. 4. PUBLIC WORKS PROJECT 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 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 accomphsh the project. Plan changes initiated by the Owner or 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 and estimate of value; where cost-savings opportunities are identified, the Contractor shall agree to provide a deductive credit to the City equal to or greater the 50 percent of the value of the cost savings. The City will issue a Public Works Project Permit upon submittal or completion of the following by the Contractor: 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. 5. INSURANCE AND INDEMNITY: The Contractor shall provide liability and property damage insurance covering all work trader 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, $1,000,000.00 each person; - $1,000,000.00 each accident; - Property damage, $500,000.00 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. Owner and 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 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 Owner or Contractor, its employees, its subcontractors, its agents, or its assigns in the performance of this Agreement. The City and Owner or Contractor have specifically negotiated Owner's or Contractor's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of Owner's or 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 Navy Parking Garage. Public Utilities Construction Agreement Page 3 of 7 Navy Parking Garage judicially found to arise solely from the acts or failures to act of the City. The owner's financial obligations under this paragraph are subject to the availability of appropriations and statutory authority such as the Federal Tort Claims Act, 28 USC 2671 et seq 6. PROSECIJTION OF WORK: A. Construction of the project shall be initiated by the Contractor within one (1) year of execution of this agreement and within 30 days of issuance of the Project Permit. 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 twelve (12) months of permit issuance. 7. 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. 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 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. D. Restore all pubhc 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. Navy Parking Garage. Public Utilities Construction Agreement Page 4 of 7 Navy Parking Garage E. Notify the City when the project is ready for final inspection and approval by the Utility. 8. 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 the City shall not relieve the 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 employees. B Within thirty (30) days of final inspection, furnish a complete set of Mylar record drawings of the project improvements that have been prepared and stamped by the Design Engineer. C. Sewer acceptance requires an initial television inspection of all lines. Costs incurred for this inspection shall be paid by the Contractor following thirty (30) days written notice. 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 improvements for the Contractor on a form approved by the City Attomey. Approval of the deed shall constitute completion of the project for the purposes off (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. 9. 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. 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 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. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full fome and effect. Navy Parking Garage. Public Utilities Construction Agreement Page 5 of 7 Navy Parking Garage 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: Owner: Contractor: Telephone: 7 6o - ~ ~ _oo~b Tel~hone: F. Waiver: Failure to enfome 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. Compliance with Laws: Owner and Contractor shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. H. Choice of Law: 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 either Kitsap County Superior Court or the Federal District Court for the Western District of Washington. This provision is not to be construed as a waiver of the owner's sovereign immunity 10. NONDISCRIMINATION: Contractor shall not discriminate in employment or semices to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. 11. NON-COMPLIANCE/TERMINATION: Failure to comply with 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 Contxactor 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. 12. SUCCESSORS AND ASSIGNS: The City, Oxvner 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. Navy Parking Garage. Public Utilities Construction Agreement Page 6 of 7 Navy Parking Garage IN WITNESS WHEREOF the parties hereto have executed this Contract the date and year indicated. CONTRACTOR: ~Ol/At'toe/~',~/,n,'e, OWNER: ~/~/4 /2/~ 3~'~,~t~' ~'. g)e~ ~'t$ ~. ~. Chief Engineex Cary Bozem~ayor D~yartm~ntal App~oval Phil Williams, - Date Director of Public Works and Utilities Approved as to form: Receiye~ foj/F}ilipg: '~XP~er Lubovich,- -- ~-~ l~au~a-~o~s~,- - City Attorney ~ City Cl~k R:~LEGAL~Departme~n~tr~3'6neral~PW&UX2004~)922 Parking Garage Agreement.doc Navy Parking Garage. Public Utilities Constmction Agreement Page 7 of 7