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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.
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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
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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
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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.
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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.
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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.
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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
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