Chapter 6.08 SEWER ADMINISTRATION

Chapter 6.08
SEWER ADMINISTRATION

Sections:

6.08.010 Powers & Authority of Personnel & Representatives

6.08.010 Powers & Authority of Personnel & Representatives.

(a) The Public Works Director (Director) shall be the administrator for the sewer system of the City, and all instructions and decisions made by the Director shall be final, except appeals from such instructions or decisions may be made to the City Council. Such appeals shall be made in writing to the City Clerk within 10 days of issuance of such instructions or decisions for consideration by the City Council. The City Council shall consider the matter and make a determination within 20 days of it being submitted to the Council.

(b) Where this Title requires approval by, permission or decision of, or instructions from the Public Works Director, the Public Works Director shall be guided solely by generally recognized engineering standards and practices, the operation demands and requirement of the sewer works, the peculiarities of construction, topography, soil condition, or other relevant special factors affecting the specific decision to be made by the Public Works Director and the specific requirement of this Chapter.

(c) The Public Works Director and other duly authorized employees or representatives of the City bearing proper credentials and identification shall be permitted to enter upon all public utility easements for the purpose of inspection, observation, measurement, sampling and testing in accordance with this Title. (Ord. 476, 1995)

6.08.020 Developer’s Contracts.

The City may enter into contracts with owners of real estate as provided in the Municipal Water and Sewer Facilities Acts. The same may be amended or may enter into other contracts as law permits. The form of Developer Contract is attached as Exhibit “A” as an example only. (Ord. 679, Sec. 2, 2003; Ord. 476, 1995)

Exhibit “A”

CITY OF LAKE STEVENS

Snohomish County, Washington

DEVELOPER EXTENSION AGREEMENT

SEWER

This Developer Extension Agreement (“Agreement”) is entered this ________ day of _______________, _____, by and between ____________, hereinafter referred to as "Developer", and the City of Lake Stevens in Snohomish County, Washington (hereinafter the “City”). By signing this Agreement, Developer hereby makes application to the City for permission to construct and install an extension in the public right-of-way under the City’s franchise therefore, and/or on easements which are subject to the approval of the City, and to connect to the City’s sewer system.

1. LOCATION AND EXTENSION

The proposed extension will be installed in roads and/or easements and/or on other approved rights-of-way and shall be for the use and benefit of the property hereinafter legally described as follows:

Legal Description of Property:

_______________________________________________________________________________

The above described property is hereafter referred to as the “Property.”

2. DESCRIPTION OF EXTENSION AND OWNERSHIP

The proposed extension will consist of approximately ______ lineal feet of sewer pipe and appurtenances (hereafter “Project” or “Project extension”), and shall be installed in accordance with plans and specifications approved by the City, and in accordance with the standards and conditions for constructing extensions to the sewer system adopted by the City.

Developer represents, guarantees and warrants that it is the owner of the “Property.”

3. FEES AND CHARGES

A. The Developer shall pay a non-refundable administration fee of $500 to the City.

B. Unless otherwise agreed herein, all costs incurred by the City on this project shall be borne by the Developer. The Developer shall deposit a fee (the Project Deposit) which shall be determined by the City after review of application. The fee shall be payment for all costs to be incurred by the City for inspection, engineering, legal, financial or any other services performed by or for the City relating to this project. The Developer shall be responsible for the payment of all such costs incurred by the City prior to Final Acceptance by the City and for two years thereafter. The meaning of the term “final acceptance” as used in this Agreement is set forth in Section 15 herein.

C. The fee is retained for two years after Final Acceptance, at which time any remaining unexpended fee will be returned to the Developer.

D. General Facilities Connection Charge (GFCC) - Any application for sewer service facilities shall be subject to the current City’s General Facilities Connection Charge (currently $6,600) for each residential equivalent (REU) to be located on said parcel or tract. The Developer shall not be subject to increases in the General Facilities Connection Charge during the two (2) year term of this Agreement specified in Section 19 herein. If the Project is not completed within said two (2) year term, the Developer shall be subject to any increase in the General Facilities Connection Charge enacted prior to completion and acceptance of the Project.

Should the General Facilities Connection Charge be increased, after completion and acceptance of the Project, but prior to actual connection to the system and commencement of monthly service payments to the City, the property owner at the time of connection to the system shall be subject to such increased General Facilities Connection Charge and shall pay the difference to the City prior to the City providing service.

The General Facilities Connection Charge reimburses the City for a pro rata share of the cost of the general system required to furnish citywide service. Such system consists of both existing facilities constructed and future facilities to be constructed as identified in adopted City plans.

The City will allow a credit against the General Facilities Connection Charge to any Developer who is required to install General Facilities. Such credits include but are not limited to the difference between the cost of ten inch (10”) diameter lines and any such larger lines that the City may require the Developer to install.

Payment of one-half (1/2) of the General Facilities Connection Charge shall be made by Developer before Project construction begins.

Payment of the remaining one-half (1/2) of the General Facilities Connection Charge shall be made by Developer prior to the City’s final acceptance of the Project.

E. Prior to the beginning of Project construction, the City may, at its sole discretion, require the Developer to submit for City approval, a Project Estimate (Form A hereto) identifying the estimated cost and funding source for each project element. If applicable, the Project Estimate shall specify which project elements are General Facilities and which project elements are to be subject to the Utility Reimbursement Agreement herein. The parties recognize that the actual costs of construction may vary from the Project Estimate and that the Project Estimate is to be used as a guide for development of the Utility Reimbursement Agreement herein and determination of fees and charges during Final Acceptance.

F. System isolation deposit - Prior to construction starting, a $1,000 system isolation deposit shall be paid to the City. The isolation device shall be in place and inspected by the City prior to the start of construction. It shall remain in place and be functional during construction and shall not be removed without the authorization of the City. If the above stipulations are not adhered to, the $1,000 deposit shall be forfeited.

4. PAYMENT - SECURITY OF FEES

The Project Deposit identified in Item 3.B. above shall be paid by the Developer to the City as follows:

A. One-half (1/2) of the fee at the time the Agreement is made.

B. Second one-half (1/2) of the fee will be paid before Project construction begins.

C. Any fees or charges incurred by the City for the Project that are not covered by the Project Deposit, shall be paid in full prior to final acceptance of the Project by the City.

5. PRELIMINARY ENGINEERING

A. The Developer may have his own professional engineer prepare plans and specifications for sewer lines or the Developer may have the City’s engineer prepare said plans and specifications.

B. The Developer shall furnish two (2) copies of the proposed plat map to a scale of 1 inch = 100 feet or 1 inch = 50 feet with contour intervals of 5 feet or less, and proposed road profile sheets prior to the City’s ordering of engineering design or plan review from its engineer. Final plat map shall be furnished as soon as possible. The Developer shall also provide the description, location and elevation of all bench mark data available on the project site and this information, wherever possible, shall be indicated on the maps furnished by the Developer. The datum used shall be the City’s and not an assumed datum.

6. DESIGN AND CONSTRUCTION

The design and construction of the sewer lines shall be subject to standards of design and construction set forth in the City’s Code, Sewer Capital Facilities Plan and other related standards, as interpreted by the City.

7. EVIDENCE OF INSURANCE

See Section 15 of the General Conditions (Section 00700 of the Developer Project Manual) for insurance requirements.

8. BONDS

A. PERFORMANCE BOND. Prior to the beginning of construction, the Developer shall provide to the City, at the Developer’s expense, a performance bond in penal sum equal to the amount of the contract price, conditioned upon the performance by the Developer of all undertakings, covenants, terms, conditions and agreements of the contract documents, and upon the prompt payment by the Developer to all persons supplying labor and materials in the prosecution of the work provided by the contract documents. The City may accept a refundable cash deposit, amount to be determined by the City, in lieu of the performance bond. In appropriate circumstances the requirements of a performance bond may be waived by the City. The requirement will be waived only if this paragraph is initialed by the City’s Public Works Director. The City shall release the performance bond on satisfactory completion of the construction contract.

B. MAINTENANCE BOND. In addition to the cash deposit or performance bond required by paragraph 8A herein, the Developer shall provide a maintenance bond in an amount equal to fifteen percent (15%) of the cost of the Project, but in no event less than two thousand dollars ($2,000.00). The maintenance bond shall guarantee that the sewer system transferred to the City by bill of sale shall remain free of defects and in proper working order for a period of two (2) years from the date of final acceptance of the Project improvements by the City and shall be in a form acceptable to the City.

9. EASEMENTS

Any required easements shall be obtained by the Developer at his sole cost and expense. The easement legal description shall be prepared by a licensed professional surveyor and shall bear his seal. The City’s Public Works Director will place the easement on the proper form and it will be returned to the Developer for signature. Where applicable, the Developer shall provide an easement compatible with the City’s Sewer Capital Facilities Plan to insure continuation of the sewer line. At the completion of construction and prior to the City accepting the sewer extension, a final signed easement shall be delivered to the City by the Developer.

Easements required for intervening properties shall be obtained by the Developer prior to construction start. All easements shall be dedicated to the City; plat general dedicated easements are not acceptable.

10. PERMITS

All the necessary permits shall be obtained by the Developer. Developer shall bear sole responsibility for compliance with all local, state and federal laws applicable to Project construction. The City shall be provided with a copy of all applicable permits before construction begins.

11. GRADING OF ROADS

Developer shall grade all roads to the design subgrade elevation prior to the start of construction and shall advise the City in writing of any changes which may be contemplated during construction. If the Developer changes the subgrade elevation of the road after completion of the extension, or any part thereof, the Developer shall be responsible for all costs incurred for the extension as a result of said change in subgrade elevation. This obligation shall remain in full force until the City, Snohomish County or other road agency with jurisdiction releases the right-of-way or road construction bond or bond of other description in connection with the Developer’s obligation for completion of the roads within the area.

12. WATER

Water for flushing or other purposes such as settling and dust control shall be purchased by the Developer from the local water purveyor at the current cost established by the purveyor for this purpose.

13. MAINTENANCE OF CORRECT GRADES

The Developer shall maintain the design slope between manholes and shall check all intermediate grade stakes by means of a taut grade wire between at least three intermediate grade stakes. The use of a laser for maintaining pipe slope does not preclude the use of grade stakes or the checking of said stakes. In the event that the grade stakes do not line up, the work shall be stopped until the situation is corrected. The Developer shall make certain that all sewer slopes toward the connection to the existing sewer and that all sewers run at a constant grade and alignment between manholes.

14. CONNECTION TO THE CITY’S SYSTEM

Not less than 48 hours prior to the time that said Project is partially or fully completed and connection to the City’s System is desired, written application for permission to make the actual connection at a specified time shall be made by the Developer. All new connections to the existing system and all testing of the new line shall require authorization of the City and shall be conducted in the presence of the City’s representatives. A tightline bypass or grouted plug shall be used at the connection point to the existing sewer.

15. FINAL ACCEPTANCE

The City agrees to accept title to the Project extension, subject to the terms herein, when all work has been completed and when the City has made final inspection and given approval of the system as having been completed in accordance with the plans and specifications. Final acceptance of said Project extension shall be by action of the City Council, except when such extension is part of a final plat, which shall be accepted by the Public Works Director, and shall only occur after City receipt of a completed and executed bill of sale, maintenance bond, easements and all other documents required pursuant to this Agreement, payment in full of all fees and charges, and execution of any applicable Utility Reimbursement Agreement.

16. BILL OF SALE

Developer agrees to execute a bill of sale approved by the Attorney for the City within sixty (60) days of the approved and completed Project extension. Said bill of sale will provide for transfer of title of the constructed Project extension from the Developer of the City and will further include the following items, statements, and warranties for the benefit of the City:

A. Cost including administration, legal and engineering fees, for the sewer main installation.

B. The Developer will warrant (1) that he is the lawful owner of said Project extension and that he has the right to transfer title; (2) that the Project extension is free from all encumbrances; (3) that all bills for labor and material, and all taxes, have been paid; (4) that all laws, regulations, and ordinances pertaining to construction of the Project extension have been complied with; and (5) that there are no lawsuits pending involving the Project. Developer will agree to hold the City harmless from and to defend all claims and demands made against the City, which implicate any of the above warranties for a period of one (1) year from the date of the bill of sale.

C. The Developer will warrant that the Project extension is in proper working order, condition and repair, and is fit for its intended purpose and has been constructed in accordance with City standards.

D. The Developer will warrant that for a period of two (2) years from the date of final acceptance of the Project extension, said extension and all parts thereof shall remain in proper working order, condition and repair; and the Developer shall repair or replace, at Developer’s expense, any work or material which may prove defective during the warranty period.

E. Consideration will be recited that Developer grants the Project extension to City for the consideration of incorporating the system in the overall sewer system of the City.

17. UTILITY REIMBURSEMENT AGREEMENT EXECUTION AND RECORDING

Following completion of Project construction, execution and receipt of a bill of sale, maintenance bond, necessary easements and all other required documents, and payment in full of all fees and charges, the parties will, if applicable, enter into a Utility Reimbursement Agreement in the form and pursuant to the terms set forth in the Reimbursement Agreement form that is attached as Form “B” to this Agreement, if applicable. The City will record the Utility Reimbursement Agreement with the county auditor at the Developer’s expense.

18. RESPONSIBILITY FOR PROJECT MANAGEMENT

The Developer shall be responsible for project management and coordination. Project management includes but is not limited to overall project coordination, utility and road locations and elevations and conflicts of same.

19. DURATION OF AGREEMENT; LIMITATION OF PERIOD FOR ACCEPTANCE

The Project extension shall be complete and accepted within two years of the date of acceptance of this Application by the City. If the extension is not completed and accepted within two years from the date below, this Agreement shall be deemed terminated, unless and until Developer shall make a new Agreement or City consents to the extension of the existing Agreement and Developer pays any and all City costs associated with such new or extended Agreement, all as determined by the City Council.

21. COMPLETE AGREEMENT

This Agreement constitutes the entire agreement between the Developer and the City. This Agreement may be modified in writing only, upon mutual agreement of the parties.

Dated this _____ day of ________, 20_______.

DEVELOPER

______________________________________

CITY OF LAKE STEVENS

By____________________________________

Mayor

STATE OF WASHINGTON)

) ss.

COUNTY OF SNOHOMISH)

On this ___ day of ___________, 20___ before me personally appeared ________________, to me known to be the Mayor of CITY OF LAKE STEVENS, and acknowledged that he signed the same as his free and voluntary act and deed, and stated upon oath that he is authorized to execute the foregoing instrument of the said CITY OF LAKE STEVENS for the uses and purposes mentioned in the instrument.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year first above written.

______________________________________

Print Name:_____________________________

NOTARY PUBLIC in and for the

State of Washington.

My commission expires: ___________________

STATE OF WASHINGTON)

) ss.

COUNTY OF SNOHOMISH)

On this ___ day of ___________, 20__, before me personally appeared ______________, to me known to be the ______________, of DEVELOPER, and acknowledged that he signed the same as his free and voluntary act and deed, and stated upon oath that he is authorized to execute the foregoing instrument of the said DEVELOPER for the uses and purposes mentioned in the instrument.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year first written above.

______________________________________

Print Name:____________________________

NOTARY PUBLIC in and for the

State of Washington.

My commission expires: __________________

Form A

CITY OF LAKE STEVENS

DEVELOPER EXTENSION PROJECT ELEMENTS AND FINANCIAL RESPONSIBILITY

PROJECT ELEMENTS			FINANCIAL RESPONSIBILITY
			1	2	3	4
			General Facilities		Local Facilities
Description	Estimated Project Cost	% of Project Cost	City	Payback	Developer	Late-comers





Totals	$0	$0	$0	$0	$0	$0

Total City Responsibility – Column 1

Total Payback for General Facilities – Column 2

(Initially paid by Developer, credited against GFCC due for sewer system, remainder if any per agreement)

Total Developer Responsibility – Column 3

Total Latecomers for Local Facilities – Column 4

(Initially paid by Developer, reimbursed by per agreement)

(Ord. 1023, Sec. 2 (Exh. A), 2018; Ord. 679, Sec. 2, 2003)