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HomeMy WebLinkAboutCAG 94-262 - 199410130238I � Fri ALA9 19 08:52:47 1994 Milli, I�IId ���tT11�= 1C�►TE �� ii.R ;Sx ISSUE DATE /iAAIUDDA'Y) II�S�i�{� 08/19194 _ :.......:..:...... F>lDE -io THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND PRODUOM CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Raleigh, Schwarz & FMMll, Inc . DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE F. 0. Box 1718 POLICIES BELOW. Tacoma WA 98401 COMPANIES AFFORDING COVERAGE Dan DeLorenso, CIC _ _ ._ ... _ .. ........................... . ............. ...._........ ... 206 - 572 -8222 L Y A St Paul Fire a Marine COMPAETTER NY B L INSURED COMPANY C LETTER . ..... .... .... . ... _ - ....... -.... ........ -.. .....- .... -... .................. COMPANY City of Federal Way LETTER 33530 First Way South Federal Way WA 98003 -6210 COMPANY LETTER E 04ViRA .. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW' HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE(MMIDD/YY) DATE (MM(OD,'VY) GENERAL UABIUTY GENERAL AGGREGATE s$2,000,000 A X COMM ERCiAL GENERAL LIABILITY GPO6300085 01/31/94 : 01/31/95 PRODUCTS-COMPIOPAGG. ! $2,000,000 CLAIMS MADE X OCCUR. PERSONAL & ADV. INJURY :1$11000,00 OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE a $1, 000, OOO FETE DAMAGE (Arty ons firs) #8 100,000 MFD. EXPENSE (Any ar pawril 1 $ 0 AUTOMOBILE LLAA TTY COMBINED SINGLE ! ANY AUTO LIMIT ................ ............................... ALL OWNED AUTOS BODILY INJURY ! SO4DULM AUTOS (Pa peracnF HEiEDAUTOS BODILY INJURY ! NON -OWNED AUTOS (Per wcltJxrt) GARAGE UABILITY PROPERTY DAMAGE ! EXCESS LIABILITY EACH OCCURRENCE t UMBRELLA FORM AGGREGATE ! OTHER THAN UMBRELLA FORM STATUTORY UMTTS WORKER'S COMPENSATION EACH ACCIDENT 1 AND DISEASE POLICY LEdR ! EMPLOYEW LIABILITY .................. ..................... .. .. ......... DISEASEL- EACH EMPLOYEE ! OTHER U v DESC Pjl ft OF OPERATIO CATIQNSJY�+ICL�P ECiAL ITEM Corti scate hoer is Hereby named as an a 1 insured as respects Steel Lake Annex Sever Extension Agroement "4�30 .. . C'i1aC/ttE liptiiGi . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Federal Way Water & Sewer :, LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Attn i Linda XoChmar LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. P.O. Box 4249 Federal Way WA 98063 AUTHORIZED REPRESENTATIVE Dan DeLorenso, CIC ............ :: AtA[iC! :? { f9Q[.< �A1�ftRD 4ARPOM7IQN: *1590 • R GOV ED OCT 1 21994 KING COl.1NTY RECORDER • (-? 9Lj-a,�a STEEL LAKE ANNEX Agreement No. 94 -307 Swi 130 A G R E E M E N T THIS AGREEMENT, entered into in duplicate between the FEDERAL WAY WATER AND SEWER District, King County, a municipal corporation of the State of Washington, hereinafter referred to as the "District" and THE CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION, 33530 1ST WAY SOUTH, FEDERAL WAY, WA 98003, hereinafter referred to as "Developer ". WITNESSETH: on WHEREAS, the District operates and maintains a sanitary sewer C1 Cj system within its boundaries which can serve property of Developer, Q n and T 0 WHEREAS, Developer desires to construct certain sewer mains and appurtenances at its own cost to serve Developer's property, for delivery to and operation by the District, NOW, THEREFORE, IT IS HEREBY AGREED that: 1. The land for which domestic sewer service is requested and to which this Agreement applies, is realty in King County, Washington, legally described in Exhibit "A ", attached hereto and by this reference incorporated herein. By executing this Agreement, Developer represents and warrants that it is the owner of record or has an easement interest in and to the above - described property. If such representation of ownership is invalid, this Agree ' nt shall be void. Developer agrees that the District may requir ';­ Developer to furnish a title report for the property at Developer's expense. 2. At the time the Developer executes and delivers this signed Agreement to the District, the Developer shall pay all associated charges as set forth in Resolution No. 94 -737, or any subsequent amendment thereto, which charges are more specifically described as follows: Section B - AJ -2: Developer Extension Charge - deposit against the District's administrative, inspection, engineering, legal and other costs, including the cost of main cleaning prior to accept- ance, associated with the extension of water facilities. (See subsections a & b below.) $ 2,000.00 ORIGINAL 4 t ! (v J � y $ 2,000.00 ORIGINAL °k t; f S 7 J � y °k t; f S 7 i t • 0 Section C - AJ -3: Latecomers Admini- strative Fee to cover the District administrative cost for Latecomer pay- back associated cost. Section E: Right -of -way construction to cover District's cost associated in the Right -of -way Construction Permit for city, county, and /or state permit. $ 240.00 II Total: $ 2.240.00 a. These amounts shall be paid to the District, prior to the District's execution of the agreement, as a deposit against actual expenses. The District shall determine, on a monthly basis, its actual costs associated with the project and shall submit to Developer, if and at such time as its expenses exceed the deposit herein, a monthly invoice of such additional amounts as are due to repay the District for actual costs in excess of the amount previously collected. Payment shall be made within thirty days of the date of the invoice. In the event that the deposit exceeds the District's actual expenses, the District shall issue to the Developer, at project closing, a refund of such unused amounts. b. The Developer Extension Charge deposit includes the expense of the District's review of preliminary plans, which review shall not in any way be deemed an approval of plans for construction M purposes. M t�2 3. In the event this Agreement is not executed and returned, along with the above - referenced charges, within six months from the C1date of transmittal of same to the Developer, which date of O transmittal is July 13, 1994 , the Agreement shall be void and a new Developer Extension Application, along with application fee, will be required. 4. In the event work and construction described herein is not commenced within six (6) months from the date plans and specifications have been approved, this Agreement shall be void and of no force or effect whatsoever. In the event that work has commenced within the time period specified herein, construction shall be completed on or before August 31, 1995 If construction is not completed by such date, this Agreement shall be void and of no force or effect whatsoever. It is agreed by the parties that time is of the essence in all matters relating to the performance of this Agreement. 5. The District's engineers shall review final plans and specifications for sewer main construction to be performed by the Developer under this Agreement. If preliminary plans are not deemed acceptable by the District, Developer shall be obligated to revise the plans and specifications in accordance with design standards deemed acceptable by the District. After Developer has been notified in writing by the District that final plans and specifications have been approved, Developer and Developer's contractor shall meet with District representatives for a pre - construction conference before construction is commenced. The Developer shall submit mylar originals and duplicate reproducible mylar originals prior the preconstruction conference. OD C) O CO) O 6. Developer agrees that it shall be responsible for providing to the District accurate and reliable information concerning the actual location of the facilities constructed. In furtherance of this obligation, Developer shall procure from its design engineer, The City of Federal Way , or such other licensed engineer or surveyor that will be consulting on the construction phase of the project, a written statement, which shall be submitted to the District prior to the preconstruction conference, warranting and guaranteeing that accurate data will be collected during construction of the facilities to enable the engineer to submit actual and reliable "as- built" locations to the District. At the conclusion of construction and prior to and as a condition of acceptance, the engineer shall deliver to the District its certification that it has made periodic field investigations and measurements during construction and that the "as- built" drawings submitted to the District are accurate and reliable. The District shall have the right to approve any change in the consulting engineer or surveyor during the project and Developer agrees that the District may refuse any change in the consulting engineer or surveyor or may condition the same on resubmittal of the warranty of location described above. No approval of any new engineer or surveyor shall be unreasonably withheld by the District. 7. In the event an easement is required over realty other than realty described in Paragraph No. 1 herein, such easement, in form acceptable to the District, together with title report or other sufficient proof of ownership or leasehold interest in and to such realty, shall be delivered to the District prior to the preconstruction conference. Developer shall be obligated to obtain a written release from any property owner across whose property construction is performed pursuant to the grant of an easement, sufficient to indicate that the site restoration on the easement is satisfactory and complete. 8. Construction shall be performed in accordance with District approved plans and specifications and only under the supervision of workers or craftsmen experienced in the installation of sewer mains and the related work. 9. By execution of this Agreement, the District does not guarantee sanitary sewer service will be provided to realty described herein. In the event that any District facilities, such as lift stations, treatment plants and sewer trunk lines, become utilized beyond their design or approved capacity or become inoperable for any cause, the District reserves the right to refuse any connections which would use such facility until remedial action has been completed, and the District shall not be liable for any direct or consequential damages which occur to Developer arising out of such District refusal to connect or time delay necessary to take remedial action. 10. The District shall not be obligated to allow connection of any property designated in the King County Sewerage General Plan as "Non -local Service Area ". 11. The Developer shall maintain in full force and effect during the construction period, liability insurance in the minimum amounts as follows: Bodily injury liability coverage with limits of not less than $500,000.00 for bodily injury, including accidental death to any one person, and subject to that limit for each person, in an amount of not less than $1,000,000.00 for each accident; and property damage coverage in an amount not less than $1,000,000.00 for each accident. A certificate of insurance shall Page 3 be provided, prior to the preconstruction conference, stating the amounts of the coverage and the inclusion of the District as an additional insured. Ten days written notice shall be given to the District for cancellation or expiration of this insurance. a. Developer Indemnification. The Developer and its agents agree to indemnify and hold the District, its elected officials, officers, employees, and agents, harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representative, arising from, resulting from, or connected with the construction or maintenance of the work described in this Agreement prior to acceptance by the District to the extent caused by the negligent acts, errors or omissions of the Developer, its elected officials, officers, agents, employees, and volunteers or by the Developer's breach of this Agreement. b. District Indemnification. The District and its agents agree to indemnify and hold the City, its elected officials, its officers, employees, agents and volunteers harmless from any and CO all claims, demands, losses, actions and liabilities (including c,, costs and attorney fees) to or by any and all persons or entities, C) including without limitation, their respective agents, licensees, M or representatives, arising from, resulting from or connected with V4 this Agreement to the extent caused by the negligent acts, errors, Q or omissions of the District, its elected officials, officers, t"i agents, employees or by the District's breach of this Agreement. Wt 13. Developer shall notify the District the date work and construction described in this Agreement will commence, and said notice shall be given not less than 72 hours (not including Saturday, Sunday, or national holidays) prior to such date. No sewer facility shall be covered prior to inspection. After work is commenced, it shall vigorously, consistently, and in a first -class workmanlike manner be carried to completion. Developer shall maintain at the construction area at all reasonable times during construction, a representative to whom District notices may be given regarding construction. Said representative shall be designated in writing by the Developer before start of work. Developer may request inspections during construction upon two (2) days notice to the District. 14. Testing of sewer facilities shall be performed as required by the District and only after satisfactory tests have been completed and witnessed by the District's designated agent, will the work be accepted. Developer agrees that at such time as the District has performed inspection of the sewer connection and has delivered an itemized punch list to Developer and /or Developer's contractor, that the project will be pursued to final completion, including the performance of all necessary site restoration. 15. Upon completion of construction, the Developer or contractor is normally required to deliver to the District a bond in the amount of ten percent (10 %) of construction costs or $5,000.00, whichever is greater, that a reliable contractor will make and pay for repairs necessary within one (1) year from the date of acceptance of said construction, arising from faulty labor or material. This requirement is waived for public authorities; however, Developer shall be held accountable for any such repairs. Page 4 K �:1 Should any defects be discovered, Developer will be notified and given ample time to correct same. If defects are not corrected within the specified time, the District will perform the work and issue an invoice to the Developer. Said invoice shall be paid within thirty (30) days of issue date. Developer shall also deliver a Bill of Sale for sewer mains and appurtenances installed and constructed pursuant to this Agreement, together with permanent easements for their location in a form acceptable to the District. 16. Upon completion of construction, Developer shall submit for acceptance and approval to the District a statement of monies and /or other accounting of monies expended to perform construction described herein, together with such other engineering records and data as may be required by the District. 17. Work and construction performed under this Agreement shall not be connected to the District's sewer system until all provisions and requirements of this Agreement and District Resolutions, on the part of the Developer, have been fully complied with. 18. The District and Developer agree that in carrying out the terms of this contract, the Developer shall be acting as an independent contractor and in no respect shall Developer be deemed an agent of Federal Way Water and Sewer. 19. Developer shall not assign this contract without the written consent of the District. Cam") 20. The District shall provide sanitary sewer service following the District's acceptance of the sanitary sewer system for operation and maintenance and upon payment of the connection t'7 charges as set forth and in accordance with District Resolution ONo. 94 -737. Said connection charges shall consist of the Capital Facilities Charge (CFC), Side Sewer Permit Fee and any other such d„ charges to be levied in accordance with said District Resolution No. 94 -737 or amendments thereto or any other applicable District Resolution at time service is requested. 21. Partial waiver or waiver by acquiescence by the District of any provision or condition of this Agreement shall not be a waiver of any other provision or condition of this Agreement. 22. This Agreement shall constitute an easement and servitude upon the property described herein and shall be binding upon the heirs, assigns and successors in interest to the Developer. This Agreement shall constitute an equitable lien against property described herein and in the event of nonperformance by Developer, as stated herein, the District may foreclose said lien in the manner authorized by law. 23. This writing constitutes the full and only agreement between the parties, there being no promises, agreements or understandings, written or oral, except as herein set forth, or as hereinafter may be amended in writing. 24. Upon execution of this Agreement, the parties agree in the event either of them is required to enforce any provision or provisions of this Agreement against the other, that the prevailing party shall be entitled, in addition to all other amounts to which it is otherwise entitled by this Agreement, to its reasonable actual attorney's fees and costs, including those incurred on appeal. Page 5 y. Page 5 C1t C� O WITNESS our hands and seals. THE CITY OF FEDERAL WAY FEDERAL WAY WATER AND SEWER King County, Washington By Kenneth E. Director of Engineering Its City Manager / G •/ Date: Dated: if y Clerk, Maureen M. Swaney /CMC APPROVED AS TO FORM: Londi K. Line , City Attorney STATE OF WASHINGTON ) ss: County of King ) I certify that I know or have satisfactory evidence that Kenneth E. Nyberg signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the City Manager of THE CITY OF FEDERAL WAY, to be the free and voluntary act of such party for the uses and purpose�}s- mentioned in the instrument. DATED: o ` •� N Roe L" b�tts'ntj �1 ��V'+.r''*p" !a O ��i Notary Public I �. -fir � 2`fe 07 l N��l�r �� Title Jo ee L1G a My appointment expires Page 6 1 O M eel O O M r-i O e-i I Exhibit "A" MAOMWO-061"M PARCEL A: The South 208.5 feet of the West 208.5 feet of the SE 1/4 of the NE 1/4 of Section 9, Township 21 North, Range 4 East, W.M., in King County, Washington, EXCEPT County Road. PARCEL B: The East 208.5 feet of the West 417 feet of the South 208.5 feet of the SE 1/4 of the NE 1/4 of Section 9, Township 21 North, Range 4 East, W.M., in King County, Washington, EXCEPT County Road. STEEL LAKE ANNEX Agt. No. 94 -307