HomeMy WebLinkAboutCAG1991-0570 - Original - Federal Way Water & Sewer District - Sewer Service Agreement - 04/09/1991 SEWER SERVICE AGREEMENT
CITY OF KENT -- FEDERAL WAY SEWER DISTRICT
THIS AGREEMENT, executed this � day of 1991 , by and
between the City of Kent, Washington, a municipal corporation (hereinafter the
"City") , and the Federal Way Water and Sewer District, a Kv,0,.0 corporation
(hereinafter the "District") :
WITNESSETH:
WHEREAS, the City has determined that a pump station would be required in
order to provide sanitary sewer service to an identified area within the
incorporated limits of the City; and
WHEREAS, the City's existing policy is that pump stations shall not be used
to provide sanitary sewer service for less than 250 potential single family
residences in areas less than 75 acres, and the identified area to be served
under this Agreement is smaller in size; and
WHEREAS, pump stations create maintenance problems for the City as well as
individual property owners, making gravity sewer service preferable; and
WHEREAS, the District has the ability to provide gravity sewer service to
this identified area, and the parties desire to authorize service to this area
of the City from the District; and
WHEREAS, both the City and the District are public agencies authorized by
law to engage in furnishing domestic sewer service, and to that end, may, through
their legislative authorities, enter into a contract with respect to the rights,
powers, duties and obligation of the parties with regard to the use and ownership
of property, the providing of services, the maintenance and operation of
facilities, the right to promulgate rules and regulations, to levy and collect
special assessments, rates, charges, service charges and connection fees, the
performance of contractual obligations and any other matters arising out of the
provision of District service to areas within the City, all pursuant to and in
accordance with RCW 39.34.080, 35.67.020 and 56.08.060; NOW, THEREFORE:
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The parties agree as follows:
Section 1 . AUTHORIZATION AND TERM FOR THE PROVISION OF SEWER SERVICE. The
City does hereby authorize the District to furnish sanitary sewer service to
certain property, as specifically described in Exhibit A hereto, within the
corporate boundaries of the City of Kent, which area is not economically feasible
of being served by the City's sanitary sewer systems, all in accordance with and
subject to the provisions, terms and conditions of this Agreement. The
District's authorization to provide service shall extend for twenty-five years
after the effective date of this Agreement, and shall further include the right
and privilege to lay down, construct, relay, connect, replace and/or maintain
such and so many pipes, conduits and mains, and all other appurtenances and
appendages thereto, in, along, through and under the avenues, streets, lanes,
alleys, highways and other public places and ways in that portion of the City of
Kent as specifically described in Exhibit A as may be necessary, convenient
and/or proper in order to provide sanitary sewerage service and for that purpose
to make any and all connections which may be necessary, convenient and/or proper
between said pipes, conduits and mains, and the dwellings and other buildings of
consumers of such sanitary sewerage service.
Section 2. AUTHORITY TO MANAGE, REGULATE AND CONTROL SEWER SYSTEM. After
the construction of the sewer facilities as contemplated under this Agreement,
the District shall have the sole responsibility to maintain, manage, conduct and
operate its system of sewerage as installed within the area described in Exhibit
A, together with any additions, extensions and betterments thereto.
Section 3. AUTHORITY TO FIX SERVICE RATES. The rates charged the sewer
service customers within the area described in Exhibit A shall be fixed, altered,
regulated and controlled solely by the District, pursuant to the limitations on
such authority as set forth in RCW Chapter 35.67 or Title 56 RCW, or any
regulations promulgated thereafter on the subject of rates and charges for sewer
service.
Section 4. NON-EXCLUSIVE GRANT. This grant or privilege shall not be
deemed or held to be exclusive. It shall in no manner prohibit the City from
entering into other agreements or franchises of a like nature or franchises for
other public or private utilities, in over, along, across, under and upon any of
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the streets, avenues, highways, alleys or public places, or ways as herein
enumerated, and shall in no way prevent or prohibit the City from using any of
said streets, avenues, etc. , or affect its jurisdiction over them or any part of
them with full power to make all necessary changes, relocations, repairs,
maintenance, etc. , of same as it deems fit.
Section 5. APPROVAL OF PLANS. Prior to construction of any of the pipes,
conduits, mains, side sewers and appurtenances in the locations described in
Section 1 herein, the District shall submit, to the Director of Public Works
(hereinafter the "Director") , in triplicate, plans drawn to an accurate scale,
showing the exact location, character, position, dimension, depth and height of
the work to be done. The plans shall accurately depict the relative position and
location of all pipes, conduits, mains, manholes, side sewers and appurtenances
to be constructed, laid, relaid, installed, replaced, repaired, connected or
disconnected, and the existing street, avenue, alley, highway, right-of-way or
property lines. All streets, avenues, highways, alleys, lanes or ways denoted
thereon shall be designated by their names and number and the local improvements
therein such as roadway pavement, shoulders, sidewalks, curbs, gutters, ditches,
driveways, parking strips, telephone or electric distribution poles, conduits,
storm, gas or water pipe lines as may exist on the ground or area sought to be
occupied shall be outlined.
In the construction proposed by the District, all materials and equipment
shall be of the first class type and kind. The exact class and type to be used
shall be shown on the plans, as will the equipment to be used and the mode of
safeguarding and facilitating the public traffic during construction. The manner
of excavation, construction installation, backfill , and temporary structures
(such as traffic turnouts, road obstructions, etc. ) shall meet with the approval
of, pass all requirements of, and be constructed under the supervision of the
Director. Prior to approval of any work under this franchise, the Director may
require such modifications or changes as he deems necessary to properly protect
the public in the use of the public places, and may fix the time or times within
and during which such work shall be done.
The District shall pay to the City such amounts as, in the judgment of the
Director, are reasonably necessary to investigate and process any plans for
construction work, to inspect such work, to secure proper field notes for
location, to plat such locations on the permanent records of the City Public
Works Department, to supervise such work, or to inspect or reinspect as to
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maintenance, during the progress of or after the repair of, any of the initial
construction authorized by this Agreement.
Section 6. PROTECTION OF PUBLIC. Whenever an excavation or fill from the
construction, maintenance or repair of the facilities authorized under this
Agreement has caused or contributed to a condition that appears to substantially
impair the lateral support of the adjoining street or public place, or endangers
the public, an adjoining public place, street utilities or City property, the
Director may direct the District, at its own expense, to take actions to protect
the public, adjacent public places, City property and street utilities, including
compliance within a prescribed time.
In the event that the District fails or refuses to take the actions
directed promptly, or fails to fully comply with such directions given by the
Director, or if emergency conditions exist which require immediate action, the
City may enter upon the property and take such actions as are necessary to
protect the public, the adjacent streets, or street utilities, or to maintain the
lateral support thereof, including placing of temporary shoring, backfilling,
alteration of drainage patterns and any other actions reasonably necessary to
decrease the possibility of earth movement, or actions regarded as necessary
safety precautions; and the District shall be liable to the City for the costs
thereof.
Section 7. REPAIR OF STREETS, SIDEWALKS AND PUBLIC PLACES. After
construction, maintenance or repair of the facilities authorized by this
Agreement, the District shall leave all streets, avenues, highways or public
places in as good and safe condition in all respects as they were before the
commencement of such work by the District, its agents or contractors. The
Director shall have final approval of the condition of such streets and public
places after completion of construction.
Section 8. INDEMNIFICATION. The District hereby releases, covenants not
to bring suit and agrees to indemnify, defend and hold harmless the City, its
officers, employees, agents and representatives from any and all claims, costs,
judgments, awards or liability to any person, including claims by the District's
own employees to which the District might otherwise be immune under Title 51 RCW,
arising from injury or death of any person or damage to property of which the
negligent acts or omissions of the District, its agents, servants, officers or
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employees in performing this Agreement are the proximate cause. The District
further releases, covenants not to bring suit and agrees to indemnify, defend and
hold harmless the City, its officers and employees from any and all claims,
costs, judgments, awards or liability to any person (including claims by the
District's own employees, including those claims to which the District might
otherwise have immunity under Title 51 RCW) arising against the City solely by
virtue of the City's ownership or control of the rights-of-way or other public
properties, by virtue of the District's exercise of the rights granted herein,
or by virtue of the City's permitting the District's use of the City's rights-of-
way or other public property, based upon the inspection or lack of inspection of
work performed by the District, its agents and servants, officers or employees
in connection with work authorized on the City's property or property over which
the City has control , pursuant to this Agreement or pursuant to any other permit
or approval issued in connection with this Agreement.
This covenant of indemnification shall include, but not be limited by this
reference to, claims against the City arising as a result of the negligent acts
or omissions of the District, its agents, servants, officers or employees in
barricading or providing other adequate warnings of any excavation, construction,
or work in any public right-of-way or other public place in performance of work
or services permitted under this Agreement. Inspection or acceptance by the City
of any work performed by the District at the time of completion shall not be
grounds for avoidance of any of these covenants of indemnification. Said
indemnification obligations shall extend to claims which are not reduced to a
suit and any claims which may be compromised prior to the culmination of any
litigation or the institution of any litigation.
In the event that the District refuses the tender of defense in any suit
or claim, said tender having been made pursuant to the indemnification clauses
contained herein, and said refusal is subsequently determined by a court having
jurisdiction (or such other tribunal that the parties shall agree to decide the
matter) , to have been a wrongful refusal on the part of the District, then the
District shall pay all of the City's costs for defense of the action, including
all reasonable expert witness fees and reasonable attorneys' fees and the
reasonable costs of the City, including reasonable attorneys' fees of recovering
under this indemnification clause.
Should a court of competent jurisdiction determine that this Agreement is
subject to RCW 4.24.115, then, in the event of liability for damages arising out
of bodily injury to persons or damages to property caused by or resulting from
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the concurrent negligence of the District and the City, its officers, employees
and agents, the District's liability hereunder shall be only to the extent of the
District's negligence. It is further specifically and expressly understood that
the indemnification provided herein constitutes the District's waiver of immunity
under Title 51 RCW, solely for the purposes of this indemnification. This waiver
has been mutually negotiated by the parties.
Section 9. INSURANCE. The District shall procure and maintain for the
duration of this Agreement, insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the exercise of
the rights, privileges and authority granted hereunder to the District, its
agents, representatives or employees. The District shall provide a copy of such
insurance policy to the City for its inspection immediately upon the District's
execution of this Agreement, and such insurance shall evidence:
(a) Automobile liability insurance with limits no less than
$1 ,000,000 Combined Single Limit per accident for bodily
injury and property damage; and
(b) Commercial General Liability insurance policy written on an
occurrence basis with limits no less than $1 ,000,000 Combined
Single Limit per occurrence and $1 ,000,000 aggregate for
personal injury, bodily injury and property damage.
Any deductibles or self-insured retentions must be declared to and approved by
the City. Payment of deductible or self-insured retention shall be the sole
responsibility of the District.
The insurance obtained by the District shall name the City, its officers,
employees and volunteers as insureds with regard to activities performed by or
on behalf of the District. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officers, officials, employees
or volunteers. In addition, the insurance policy shall contain a clause stating
that coverage shall apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limits of the insurer's liability.
The District's insurance shall be primary insurance as respects the City, its
officers, officials, employees and volunteers. Any insurance maintained by the
City, its officials, officials, employees or volunteers shall be in excess of the
District's insurance and shall not contribute with it.
The insurance policy or policies required by this clause shall be endorsed
to state that coverage shall not be suspended, voided, canceled by either party,
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reduced in coverage or in limits except after thirty (30) days' prior written
notice by certified mail , return receipt requested, has been given to the City.
Any failure to comply with the reporting provisions of the policies shall not
affect coverage provided to the City, its officers, officials, employees or
volunteers.
Section 10. RELOCATION OF SEWER LINES AND SEWER FACILITIES. The District
agrees and covenants at its sole cost and expense, to protect, support,
temporarily disconnect, relocate or remove from any street any of its
installations when so required by the City by reason of traffic conditions or
public safety, street vacations, dedications or new rights-of-ways and the
establishment and improvement thereof, freeway construction, change or
establishment of street grade, or the construction of any public improvement or
structure by any governmental agency acting in a governmental capacity, provided
that the District shall in all such cases have the privilege to temporarily
bypass, in the authorized portion of the same street upon approval by the City,
any sewer line or portion thereof required to be temporarily disconnected or
removed.
The City will make its best effort and attempt to design or redesign
streets, avenues, alleys or public places or ways, and other City utilities to
minimize the impact thereof on the District's existing sanitary sewer systems,
including the need to require the District's facilities to be relocated.
PROVIDED, HOWEVER, that the City shall make the final determination on the need
for relocation of the District's facilities.
Whenever the City determines that any of the above circumstances
necessitate the relocation of the District's then existing facilities, the City
shall provide the District with at least sixty (60) days written notice requiring
such relocation, which shall be completed by the District at no cost and within
the time frame set by the City. Upon the District's failure to complete
relocation of its installations and facilities as so directed, the City may
remove same at the District's expense.
Section 11. EXCAVATION. During any period of installation, relocation,
maintenance or repair of the District's facilities and installations, all surface
structures, if any, shall be erected and used in such places and positions within
said public right-of-ways and other public properties so as to interfere as
little as possible with the free passage of traffic and the free use of adjoining
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property, and the District shall at all times post and maintain proper barricades
during such period of construction as required by the laws of the State of
Washington or the City's ordinances.
Whenever the District shall excavate in any public right-of-way or other
public property for the purpose of installation, repair, maintenance or
relocation of its facilities, it shall apply to the City for a permit to do so
and shall give the City at least three (3) working days notice thereof. During
the progress of the work, the District shall not unnecessarily obstruct the
passage or proper use of the right-of-way, and shall file maps or plans with the
City (as described in Section 3 herein) showing the proposed and final location
of the sewer facilities.
If either the City or the District shall at any time plan to make
excavations in any area covered by this Agreement and as described in this
Section, the party planning such excavation shall afford the other, upon receipt
of a written request to do so, an opportunity to share such excavation, PROVIDED
THAT: (1) such joint use shall not unreasonably delay the work of the party
causing the excavation to be made; (2) such joint use shall be arranged and
accomplished on terms and conditions satisfactory to both parties; and (3) either
party may deny such request for safety reasons.
Prior to commencement of any construction authorized by this Agreement, the
District shall reference all monuments and markers of every nature relating to
subdivision plats, highways and all other surveys. The reference points shall
be so located that they will not be disturbed during the District's operations
under this Agreement. The method of referencing these monuments or other points
to be referenced shall be approved by the Director before placement. The
replacement of all such monuments or markers disturbed during construction shall
be made as expeditiously as conditions permit and as directed by the Director.
The costs of monuments or other markers lost, destroyed, or disturbed and the
expense of replacement by approved monuments shall be borne by the District.
Section 12. COMPLIANCE WITH LAWS. The District, its subcontractors,
employees or any person acting on behalf of the District shall keep him/herself
fully informed of all federal and state laws, and all municipal ordinances and
regulations which in any manner affect the work or performance of the work
authorized under this Agreement, and shall at all times observe and comply with
such laws, ordinances and regulations, whether or not such laws, ordinances or
regulations are mentioned herein, and shall indemnify the City, its officers,
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officials, agents, employees or representatives against any claim or liability
arising from or based upon the violation of any such laws, ordinances or
regulations.
Section 13. DISCRIMINATION. The District agrees that it shall not
discriminate against any employee or applicant on the grounds of race, creed,
color, religion, national origin, sex, marital status, age or the presence of any
sensory, mental or physical handicap, provided that the prohibition against
discrimination in employment because of handicap shall not apply if the
particular disability prevents the proper performance of the particular worker
involved. The District shall ensure that applicants are employed, and that
employees are treated during employment without discrimination because of their
race, color, religion, sex, national origin, creed, marital status, age, or the
presence of any sensory, mental or physical handicap. The District shall take
such action with respect to this Agreement as may be required to ensure full
compliance with Chapter 49.60 RCW.
Section 14. CITY CONSTRUCTION ADJACENT TO DISTRICT INSTALLATION. The
laying, construction, maintenance and operation of the said District's system of
sewerage lines, pipes, conduits, mains, side sewers, etc. , authorized under this
Agreement shall not preclude the City or its accredited agents and contractors,
from blasting, grading, or doing other necessary road work contiguous to the said
District's pipe lines, provided that the District shall have twenty-four (24)
hours notice of said blasting or excavating in order that the District may
protect its line of pipe and property.
Section 15. MODIFICATION. The City and the District hereby reserve the
right to alter, amend or modify the terms and conditions of this Agreement upon
written agreement of both parties to such alteration, amendment or modification.
Section 16. TERMINATION; BREACH. If the District willfully violates or
fails to comply with any of the provisions of this Agreement, or through willful
or unreasonable negligence fails to heed or comply with any notice given the
District under the provisions of this Agreement, or persistently disregards laws,
ordinances or instructions of the Director, then the City may, without prejudice
to any other right or remedy and after giving the District five (5) days written
notice, terminate this Agreement.
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Section 17. REMEDIES TO ENFORCE COMPLIANCE. In addition to any other
remedy provided by law, this Agreement may be specifically enforced at the option
of either party, and each consents to the venue and jurisdiction of the King
County Superior Court in the event of a dispute.
Section 18. CITY ORDINANCES AND REGULATIONS. Nothing herein shall be
deemed to direct the City's ability to adopt and enforce all necessary and
appropriate ordinances regulating the performance of the conditions of this
Agreement, including any reasonable ordinance made in the exercise of its police
powers in the interest of the public safety and for the welfare of the public.
The City shall have the authority at all times to control by appropriate
regulations the location, elevation, and manner of construction and maintenance
of any sewer facilities by the District, and the District shall promptly conform
with all such regulations, unless compliance would cause the District to violate
other requirements of law.
Section 19. ASSIGNMENT. The District may not assign the rights, duties
and obligations under this Agreement without the prior, written consent of the
City, which consent shall not be unreasonably withheld. If such consent is given
for assignment, acceptance of the assignment shall be filed by the District's
successor with the City.
Section 20. SUCCESSORS AND ASSIGNS. All the provisions, conditions,
regulations and requirements contained in this Agreement shall be binding upon
the successors and assigns of the District, and all privileges of the District
shall inure to its successors and assigns equally as if they were specifically
mentioned herein.
Section 21. NOTICE. Any notice or information required or permitted to
be given to the parties under this Agreement may be sent to the following
addresses unless otherwise specified:
THE CITY OF KENT
Director of Public Works
Don Wickstrom
400 West Gowe Street
Kent, Washington 98032
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FEDERAL WAY WATER AND SEWER DISTRICT
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Section 23. EFFECTIVE DATE. This Agreement shall be effective on the date
after execution by both of the parties.
THE CITY OF KENT FEDE AY WATER AND SEWER DISTRICT
By By
Its ; Its
ATTEST:
(�.,pCity Clerk
Date: %- �/
APPROVED AS TO FORM:
o Lub vic
City Attorney
SEWSERAG.LAW
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EXHIBIT "A"
THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 27 , TOWNSHIP 22 NORTH, RANGE 4
EAST, W.M. , IN KING COUNTY, WASHINGTON;
EXCEPT THE SOUTH 30 FEET CONVEYED TO KING COUNTY FOR ROAD PURPOSED
BY DEED RECORDED UNDER AUDITOR'S FILE NO. 2669629:
AND EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR ROAD BY DEED
RECORDED UNDER AUDITOR'S FILE NO. 7206020442 .
THE FOLLOWING DESCRIBED PROPERTIES SHALL ALSO BE SERVICED BY THE
FEDERAL WAY SEWER AND WATER DISTRICT:
THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 22 NORTH, RANGE 4
EAST, W.M. LESS THAT PORTION LYING WITHIN THE PLAT OF CAMBRIDGE
DIVISION SIX (6) LESS THAT PORTION OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 27
DESCRIBED AS FOLLOWS:
1. BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION, THENCE
NORTH 89-30-28 WEST ALONG THE NORTH LINE THEREOF 328 . 34 FEET
TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 00-29-32 WEST 80
FEET, THENCE NORTH 89-30-23 WEST 165 .88 FEET, THENCE NORTH
PARALLEL WITH THE EAST LINE OF SAID SUBDIVISION 10 FEET,
THENCE NORTH 27-24-30 WEST 67 .97 FEET TO THE POINT OF
CURVATURE -ANGLE TO THE RIGHT -A RADIUS OF 20 FEET THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE- THROUGH A CURVE WITH AN
ANGLE OF 29-31-36 HAVING AN ARC DISTANCE OF 10. 31 FEET TO THE
NORTH LINE OF SAID SUBDIVISION. SAID POINT BEING THE
SOUTHWEST CORNER OF LOT 1 OF SAID PLAT. THENCE SOUTH 89-30-
28- EAST ALONG THE NORTH LINE OF SAID SUBDIVISION AND SOUTH
LINE OF SAID PLAT 200 FEET TO THE TRUE POINT OF BEGINNING LESS
THE COUNTY ROAD.
2 . LOTS 1, 2 , 3 AND 4 OF SINGH SHORT PLAT (SP-85-6) AS RECORDED
UNDER 8601290312 .
3 . LOT 2 OF CAMBRIDGE SOUTH SHORT PLAT (SP-78-39) AS RECORDED
UNDER 7903220530.
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