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HomeMy WebLinkAbout1180RESOLUTION NO. LJI~ I A RESOLUTION of the City Council of the City of Kent, washington, repealing Resolution No. 1179, declaring a house in the vicinity of 106th Ave. S.E., Kent, to be surplus to the City's needs and not required for public services; and setting a public hearing pursuant to RCW 35.94.040 for September 20, 1988. WHEREAS, the City Council confir~ed the Public Works Committee reco~mendation to declare the existing dwelling structure at 26801 106th Ave. S.E. situated in Kent in King County, Washington, as surplus to the City's needs and not required for providing public services; and WHEREAS, RCW 35.94.040 requires a public hearing before the City may cause such property to be sold and conveyed; and WHEREAS, Resolution No. 1179, passed by the City Council on August 16, 1988 does not reflect certain costs of removal of the surplus property, certain adjustments to the value of the surplus property, nor the accurate legal descriptions; and WHEREAS, the property is now determined by the Public Works Department to be valued at $2,500.00; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Repealer. The following is hereby repealed: Resolution No. 1179 entitled: A resolution of the City Council of the City of Kent, Washington, declaring a house in the vicinity of 106th Ave. S.E., located in Kent, to be surplus to the City's needs and not required for the public services; and setting a public hearing pursuant to RCW 35.94.040 for September 6, 1988. Section 2. The existing dwelling structure at 26801 106th Ave. S.E. situate in City of Kent, King County, Washington is not required for public service and is surplus to the City's needs. Section 3. A public hearing before the Kent City Council shall be held September 20, 1988 at 7 p.m. in the Kent City Hall. Section 4. Notices of said hearing shall be placed at three conspicuous locations on or adjacent to the subject property and published in a newspaper of general circulation in the City of Kent. Section 5. The successful bidder shall be required to enter an agreement which is attached hereto and made a part hereof. Passed at a regular weeting of the City Council of the City of Kent, Washington this~ day of ~ 1988. ~Concprred in by the Mayor of the City of Kent, this~ day of ~-?t: 7) 1988. \-"~·L~.\._ -- DAN KELLEHER, MAYOR ATTEST: ~~~~ MARIE JENS~~dLERK I hereby certify that this is a true and correct copy of Resolution No. __ ~l~l~g~[) ___ , passed by the City Council of the City of Kent, washington, the __ ___,._?;""-. day of ~ , 1988. 0601-220 - 2 - AGREEMENT THE CITY OF KENT, a municipal corporation of the State of Washington, hereinafter 11 Ci ty 11 ' and ----------------------------------------------hereinafter 11 Purchaser 11 , enter into the following Agreement for the removal of an existing dwelling structure located at 26801 106th Ave. S.E., Kent, Washington 98032. WHEREAS, the City of Kent desires to develop property for a public works project at said location, upon which presently exists a residential structure; and WHEREAS, the City has solicited bids for the purchase and removal of said structure and Purchaser being the successful ·bidder thereof; and WHEREAS, it will be necessary to remove the existing structure to facilitate construction of the public works project; NOW, THEREFORE, it is hereby covenanted and agreed to as follows: 1. That in consideration of -------------------------------------($ plus state sales tax, Purchaser shall remove the existing residential structure at said location. 2. Purchaser is responsible for obtaining any and all permits, and licenses, including any required demolition permits, building permits, and street use permits and is responsible for collecting and paying any and all Washington State sales taxes associated with the sale of the residential structure. Purchaser shall complete removal of said structure within ninety (90) days following the date of Mayor•s signature herein. Purchaser agrees to pay the amount of money set forth below to the City as a nonrefundable deposit if said structure is not removed. Such amount is equivalent to the costs to the City to raze or otherwise demolish the structure if performance is not completed by the Purchaser within 90 days following the date of the Mayor•s signature. The provisions in the Contract for the nonrefundable deposit are also intended to be in lieu of contract liability of the Purchaser for special, incidental and consequential damages sustained by the City for nonperforn1ance. However, this requirement does not relieve or release the Purchaser from liability for injuries or damages suffered by the City or third person due to other actions of the Purchaser. Further, Purchaser agrees that it is excluded from the recovery of delay damages where such delay has not been actually caused by the City. If the delay has been caused by anyone other than the City, the Purchaser may not seek damages from the City but rather shall seek damages directly from the party responsible for the delay. The City shall not be added as a party to any such proceeding, whether in arbitration or litigation. The City shall be entitled to recover all costs and fees including attorney fees associated with the enforcement of this provision. The Purchaser shall provide and bear all expense of all equipment, work, transportation and labor of any sort whatsoever that may be required for the removal and transfer of that structure and completing the work provided for in this contract including any specifications furnished by the CITY. 3. Purchaser agrees to accept the structure in an 11 as is 11 condition without any warranty, including habitability of said structure. Purchaser warrants and represents to the City that Purchaser has personally examined the structure and found it suitable as is. 4. The Purchaser, and the heirs, executors, administrators, successors, and assigns of the purchaser, does hereby agree to the full performance of all covenants herein contained upon the part of the Contractor. 5. It is further provided that no liability shall attach to the CITY OF KENT by reason of entering into this contract, except as expressly provided herein. 6. Purchaser agrees to defend, indemnify and hold the CITY OF KENT, its elected officials, officers, employees and agents (hereinafter 11 0wner 11 ) harmless from any and all claims, demands, losses, and liabilities to or by any and all persons or entities (including without limitation, their respective agents, licensees, or representatives) arising from, resulting from, or connected with the removal of said structure from the City•s property, including transit to a new location by Purchaser or Purchaser•s - 2 - agents or employees to the fullest extent permitted by law and subject to the limitations provided below. Purchaser's duty to defend and indemnify City of Kent shall not apply to liability for damages arising out of bodily injury to persons or damage to property determined by a trier of fact that it was caused by or resulted from the sole negligence of City of Kent or City of Kent's agents or employees. Purchaser's duty to indemnify City of Kent for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of (a) City of Kent or City of Kent's agents or employees, and (b) Purchaser or Purchaser's agents or employees, shall apply only to the extent of the negligence of Purchaser or Purchaser's agents or employees. Further, the indemnification obligation under this contract shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts, disability benefits acts, or other employee benefit acts. This promise of indemnity specifically applies in the case of injuries to Purchaser•s own employees. Purchaser•s duty to defend, indemnify, and hold City of Kent harmless shall include, as to all claims, demands, losses, and liability to which it implies, City of Kent's personnel related costs, reasonable attorneys' fees, court costs, and all other claim related expenses, including attorneys• fees and other costs incurred by City of Kent to enforce and establish its rights. 7. Should the Purchaser or any of its subcontractors cause damage of any kind, including but not limited to delay, to any separate contractor on the project, the Purchaser shall, upon due notice, promptly attempt to settle with such separate contractor by agreement or otherwise to resolve the dispute. The Purchaser agrees to submit to arbitration any unresolved dispute, in any amount, with any separate contractor. The City shall not be made party to such an arbitration. If such separate contractor sues or initiates suit a proceeding against the City on account of any damage alleged to have been caused by the Purchaser, the City shall notify the Purchaser who shall immediately defend such proceedings at the Purchaser•s sole expense. If any judgment or award of any kind results against the City, whether or not the Purchaser, having been notified, defends the proceedings, the Purchaser shall satisfy it and shall reimburse the City for all expenses, attorneys• fees, and court or arbitration costs which the City incurred, including actual cost expenditures in defense which may not be costs allowed in court or arbitration. - 3 - 8. In the event of any conflict between the provision of this Agreement and incorporated contract documents, including standard conditions, supplementary conditions, and other terms and conditions, this Agreement shall control. 9. Purchaser shall provide public and Purchaser liability and property damage insurance with coverage levels no less than $200,000.00 for each occurrence, including workmen's compensation insurance for the removal and transportation of said structure. In providing public liability and property damage insurance, the Contractor shall provide that the City be named as a co-insured. Such policy shall provide coverage to the City on an occurrence basis for the duration of work. Contractor shall also purchase and maintain All Risk Insurance for public liability and property damage and physical loss or damage. This insurance shall provide coverage for the City/Developer, the Contractor, and all Subcontractors performing work on projects under City contract or authorized by City permit, as well as provide coverage for the City of Kent for the limits specified. The insurance shall contain "THE CITY OF KENT, ITS ELECTED AND/OR APPOINTED OFFICIALS, ITS EMPLOYEES, AND AGENTS AS ADDITIONAL INSURED" insofar as the work and obligations performed by City permit is concerned. Mail to: Attention: Don Wickstrom Department of Public Works City of Kent 220 Fourth Ave. S. Kent, Washington 98032 The City will not accept any certificate of insurance or accord form certificate as a substitute for an actual policy of coverage. Any exclusions, exemptions, exceptions, or other policy coverage limitations of said policy, including any identifying particular City activities or actions, must first be reviewed by and written acceptance provided by the City before commencement of work. A failure to provide insurance coverage and written acceptance of the tendered policy shall be deemed to constitute non-acceptance of the contract - 4 - by the Contractor. The City reserves the right to then negotiate and award the contract to another contractor. Purchaser agrees that the City assumes no risk or loss by fire or any other casualty to any portion of the work or equipment thereof, whether completed, in process of removal, transit, and installation of the said structure at a new location. It is understood that the whole of the work under this Contract is to be done solely at the Purchaser•s risk, and the Purchaser is familiar with the site and transportation conditions, and other contingencies likely to affect the work, and has made its bid accordingly, and that it is to assume the responsibility and risk of any loss or damage to materials or work. 10. Purchaser is responsible for locating any underground utilities affected by the work and is deemed to be an excavator for purposes of RCW Chapter 19.122 RCW, as amended. Purchaser shall be responsible for compliance with Chapter 19.122 RCW, including utilization of the 11 0ne call 11 locator system before commencing any excavation activities. Purchaser is also responsible for any and all costs associated with disconnection of utilities, including septic tank removal. 11. The Purchaser shall observe and comply with all applicable federal and state laws and with the county,.city and municipal resolutions, ordinances and regulations that will in any way affect the work, and it shall indemnify and save harmless the City of Kent against any claims arising from the violation of any such laws, resolutions, ordinances or regulations. Purchaser further agrees that said Contract is terminable in case the Contractor shall violate the provisions of such laws. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first hereinabove written. CITY OF KENT DATE: ---------------------DAN KELLEHER, MAYOR - 5 - ATTEST: APPROVED AS TO FORM: SANDRA DRISCoLL, CITY ATTORNEY DATE: ------------------- PURCHASER Name Capacity Address: Phone: -------------------- I acknowledge that I have personally read and understand all of the foregoing terms and conditions. WITNESS, IF INDIVIDUAL OR PARTNERSHIP: - 6 - PURCHASER DATE: ---------------------Name Capacity Address: ---------------------- Phone: I acknowledge that I have personally read and understand all of the foregoing terms and conditions. WITNESS, IF INDIVIDUAL OR PARTNERSHIP: 3811L-10L - 7 - STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this ___ day of ----------' 198 __ , before me personally appeared and --------------------------, to me known to be ----------------------------and of the ------------------------------------------corporation that executed the within and foregoing instrument, and acknowledged said instrument to be free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand the day and year first above written. 3811 L-1 OL Notary Public in and for the State of Washington, residing at --------- - 8 - STATE OF WASHINGTON COUNTY OF KING PREVAILING WAGE AFFIDAVIT FORM ss. I, the undersigned, having been duly sworn, depose, say and certify that in connection with the performance of the work outlined in this principal contract, will pay the prevailing rate of wage for each classification of laborers, workmen, or mechanics as ·specified within these contract documents to all such employed in the performance of this contract. I understand that this requirement extends to any of my purchase of materials off-site or manufacture of materials specifically designed for this project. That I have read the above and foregoing statement and certificate, know the contents thereof and the substance as set forth therein is true to my knowledge and belief. CONTRACTOR Subscribed and sworn to before me on the day of 198 3811L-10L ------------ Notary Public in and for the State of Washington, residing at --------------- - 9 - PERFORMANCE BOND PAGE 2 NOW, THEREFORE, if the said ___________________ _ shall faithfully perform all the provisions of said contract in the manner and within the time herein set forth, or within such extensions of time as may be granted under the said contract, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply said Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall indemnify and hold the CITY OF KENT harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects appearing or developing in the material or workmanship provided or performed under said contract within a period of one year after its acceptance thereof by the CITY OF KENT, then and in the event this obligation shall be void; but otherwise it shall be and remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their separate seals this day of --------------------- 19 , the name and corporate seal of each corporate party hereto affixed, and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. 3811 L-1 OL -10 -