HomeMy WebLinkAbout3208ORDINANCE NO. 3 a off
AN ORDINANCE of the City of Kent,
Washington, amending maintenance bond and
insurance requirements in the City's Surface
Water and Drainage Utility Code, Chapter 7.07
of the Kent City Code.
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THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
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l,'HEREBY ORDAIN AS FOLLOWS:
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Section 1. Code Section Amended. Section 7.07.090 of the
jKent City Code is hereby amended as follows:
Sec. 7.07.090. Bonds and liability insurance required.
A. The public works department is authorized to require
all persons constructing retention/detention or other
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drainage treatment/abatement facilities to post surety and
cash bonds. Where such persons have previously posted or are
required to post other such bonds on the facility itself or
on other construction related to the facility, such person
may with the permission of the department of public works
and to the extent allowable by law combine all such bonds
into a single bond. At no time shall the amount thus bonded
be less than the total amount which would have been required
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in the form of separate bonds. Such a bond shall on its face
clearly delineate those separate bonds which it is intended
to replace.
B. Prior to commencing construction, the person
constructing the facility shall post a construction bond, or
other security in an amount sufficient to cover the cost of
conforming such construction with the approved drainage
plans. The amount of the bond or security shall reflect the
costs of the approved drainage plan and shall be increased
at one-year intervals in a proportion equivalent to the
prevailing rate of inflation in construction costs as
specified in the procedures manual. After determination by
the department of public works that all facilities are
constructed in compliance with the approved plans and upon
receipt of the maintenance bond required in subsection C.
below, the construction bond shall be released. At the
city's option, an assignment of savings, letter of credit or
some other form of guarantee acceptable to the city may be
substituted for the bond requirement.
C. After satisfactory completion of the facilities and
release of the construction bond by the city, the person
constructing the facility shall commence a twe— one year
period of satisfactory maintenance of the facility. A cash
bond or other security instrument excluding security bonds
to be used at the discretion of the public works department
to correct deficiencies in the maintenance affecting public
health, safety and welfare must be posted and maintained
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throughout the twe one year maintenance period. The amount
of the easla maintenance bond shall be determined by the
public works department, but shall not be in excess of
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fifteen (15) percent nor less than ten (10) percent of the
construction cost of the drainage facilities. In addition, a
surety bond or cash bond to cover the cost of design defects
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or failures in workmanship of the facilities shall also be
posted and maintained throughout the fie-- one year
maintenance period mt F ti -se
-shall1.e
ma
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±n i-ease4 at ene-year intervalsequ4:valent
the prevailing rate ef �ntlatie At the city's option,
an assignment of savings, letter of credit, or some other
form of guarantee acceptable to the city may be substituted
for the bond requirement.
D. The person constructing the facility shall provide
liability insurance in accordance with the latest Edition of
Standard Specifications for Road, Bridge and Municipal
Construction or in such other form type and amount as
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required by the public works department. At a minimum, the
T -1 -re city shall be named as an additional insured and the
insurance shall protect the city from any liability for any
accident, negligence, failure of the facility, or any other
liability whatsoever, relating to the construction or
maintenance of the facility. The liability insurance shall
be provided during construction and for the required period
of maintenance following construction, provided that in the
case of facilities assumed by the city for maintenance
pursuant to section 7.07.100, the requirement to provide
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insurance shall terminate when the city assumes maintenance
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R Section 2. Code Section Amended. Section 7.07.100 of the
,;Kent City Code is hereby amended as follows:
Sec. 7.07.100. City assumption of operation and maintenance.
A. The city may assume the operation and maintenance
responsibility of retention/detention or other drainage
treatment abatement facilities after the expiration of the
twe- one year operation and maintenance period in connection
with the subdivision of land; if:
1. All of the requirements of section 7.07.090 have
been fully complied with;
2. The facilities have been inspected and approved by
the department of public works after twe (2) "ears
one (1) year of operation in accordance with the
procedures manual;
3. All necessary easements entitling the city to
properly operate and maintain the facility have
been conveyed to the city and recorded with the
King County auditor;
4. The surety bond or other security in section
7.07.090 has been extended for one (1) year,
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covering the city's first year of operation and
maintenance; and
5. The developer has supplied to the city an
accounting of capital, construction and operation
and maintenance expenses or other items, for the
'! drainage facilities up to the end of the twe- one
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fyear period, for the purpose of establishing the
basis for future bonding requirements for other
developments.
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B. If the city elects not to assume operation and
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maintenance responsibility for the facilities it will be the
responsibility of the developer to make arrangements with
the occupants or owners of the subject property for
assumption of operation and maintenance in a manner subject
to the approval of the department of public works or in
accordance with the procedures manual. Such arrangements
shall be completed and approved prior to the end of the twe--
one year period of developer responsibility.
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C. If the city elects not to assume operation and
maintenance responsibility, the drainage facilities shall be
operated and maintained in accordance with the arrangements
as approved by the department of public works. The city may
inspect the facilities in order to ensure continued use of
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the facilities for the purposes for which they were built
and in accordance with these arrangements.
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Section 3. Savings. Kent City Code Sections 7.07.090 and
7.07.100, which are amended by this ordinance, shall remain in
:full force and effect until the effective date of this ordinance.
Section 4. Severability. The provisions of this ordinance
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are declared to be separate and severable. The invalidity of any
,!clause, sentence, paragraph, subdivision, section or portion of
this ordinance, or the invalidity of the application thereof to
any person or circumstances shall not affect the validity of the
iremainder of this ordinance, or the validity of its application
to other persons or circumstances.
Section S. Effective Date. This ordinance shall take
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1, effect and be in force thirty (30) days from the time of its
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;final approval and passage as provided by law.
ATTEST:
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s. BRENDA JACOBER,/SCI Y CLERK
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APPROVED AS TO FORM:
I hereby certify that this is a true and correct copy of
Ordinance No. a08 , passed by the City Council of the City of
Kent, Washington, and approved by the Mayor of the City of Kent
hereon indicated.
BRENDA JACOBER, TY CLERK
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GER'A.
LUBOVICH, CITY ATTORNEY ---
PASSED the
day of
APPROVED
the
day ofr z �C�
Zg9S
PUBLISHED
the
day of
I hereby certify that this is a true and correct copy of
Ordinance No. a08 , passed by the City Council of the City of
Kent, Washington, and approved by the Mayor of the City of Kent
hereon indicated.
BRENDA JACOBER, TY CLERK
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