CAG 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