Chapter 13.12


13.12.010    Application and agreement.

13.12.020    Location and description.

13.12.030    Fees and charges.

13.12.040    Payment of fees.

13.12.050    Insurance.

13.12.060    Performance bond.

13.12.070    Easements.

13.12.080    Permits.

13.12.090    Grading and elevation of roads.

13.12.100    Connection requirements.

13.12.110    Final acceptance – Conditions.

13.12.120    Final acceptance – Time limit.

13.12.130    Bill of sale.

13.12.140    Payback agreement.

13.12.010 Application and agreement.

A.    The owner shall make application to the City for permission to construct and install an extension in the public right-of-way under the City’s franchise therefor, and/or on easements which are subject to the approval of the City, and to connect to the City’s water distribution system. The owner shall also make the representation and agreements set forth in this chapter and in the ordinance codified in this chapter.

B.    The owner of the property shall read and accept the terms and conditions set forth in the application.

C.    Upon compliance with the terms and conditions of the application by the owner(s), the City will accept the extension and furnish water service thereto. (Ord. 566, 1978)

13.12.020 Location and description.

A.    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 legally described property.

B.    The proposed extension will consist of water main and appurtenances and shall be installed in accordance with plans approved by the City, and in accordance with the standards and conditions for constructing extensions to the water system adopted by the City Council, the terms and conditions of which are attached to the ordinance codified in this chapter and made a part of this chapter. (Ord. 566, 1978)

13.12.030 Fees and charges.

A.    A nonrefundable administration fee as contained in the City’s most current approved Fee Code shall be paid by the owner to the City.

B.    All costs incurred by the City on this project shall be borne by the owner. The fee to cover City costs shall be based upon actual time and expenses and shall be estimated from Figure 1, attached to the ordinance codified in this chapter. The fee shall be adjusted by the City if actual costs incurred indicate that the original fee will not cover all costs. The fee shall be paid to the City in consideration of the following work:

1.    Review of contract plans and specifications;

2.    Construction inspection;

3.    Advice regarding the City’s requirements;

4.    Completion of as-built drawings.

C.    The fee is retained for one year after final acceptance; at that time, all the unexpended fee will be returned to the owner. The retained portion of the fee shall be used by the City when the owner does not make the necessary repairs of any failures, including ditch settlement, within 24 hours after notification by the City. At the end of the 24-hour period, if the owner has not accomplished the necessary work, the City will have the work done and pay all costs in connection therewith from the fee. The retention and/or use of such retained fee is in addition to and shall in no way limit the owner’s liability regarding the project guarantee as stipulated in the remainder of the agreement. (Ord. 677 § 7, 1982; Ord. 566, 1978)

13.12.040 Payment of fees.

The fee derived from Figure 1, as attached to the ordinance codified in this chapter, shall be paid by the owner to the City as follows:

A.    One-third of the fee at the time the application is made;

B.    Additional one-third of the fee will be paid before construction begins;

C.    Final one-third of the fee plus any costs not covered by the original fee before the water system extension is accepted by the City. (Ord. 566, 1978)

13.12.050 Insurance.

A.    The owner or his contractor shall take out and maintain during the life of this contract public liability insurance for bodily injury and property damage liability, including, without limitation, coverage for explosion, blasting, collapse and destruction of underground utilities (X.C.U.) and contingent liability, including products and completed operations and blanket contractual liability, as shall protect him and the City and the engineers. The owner or contractor shall have the City and engineers specifically added as additional named insureds in the policies, all at no cost to the City or engineers. The insurance shall cover the City engineers, owner and subcontractors for claims or damages for bodily injury, including wrongful death, as well as other claims for property damage which may arise from operations under this contract, whether such operations be by themselves or by any subcontractor or anyone directly or indirectly employed by either of them. The owner agrees, in addition, to indemnify and save harmless the City and engineers, either or both, from all suits, claims, demands, judgments and attorneys’ fees, expenses or losses occasioned by the performance of this contract by himself, any subcontractor, or person working directly or indirectly for him, or on account of or in consequence of any neglect in safeguarding the work or failure to conform with the safety standards for construction work adopted by the Safety Division of the Department of Labor and Industries of the state of Washington.

B.    The amount of such insurance shall be as follows:

1.    Bodily injury liability insurance, in an amount not less than $1,000,000;

2.    For injuries, including wrongful death, to any one person and subject to the same limit for each person in an amount not less than $1,000,000, on account of any one occurrence; and

3.    Property damage liability insurance in an amount not less than $1,000,000 for each occurrence.

C.    The owner or contractor shall not cause any policy to be cancelled or permit it to lapse, and all policies shall include a clause to the effect that the policy or certificate shall not be subject to cancellation or to a reduction in the required limits of liability or amounts of insurance or any other material change until notice has been mailed to the City stating when, not less than 30 days thereafter, such cancellation or reduction or change shall be effective.

D.    All certificates of insurance, authenticated by the proper officer of the insurer, shall state in particular those insured, the extent of the insurance, the location and operations to which the insurance applies, the expiration date, and the above mentioned notice of cancellation clause; provided, however, the City may accept insurance covering a subcontractor in character and amounts less than the standard requirements set forth under this section where such standard requirements appear excessive because of the character or extent of the work to be performed by such subcontractor. (Ord. 566, 1978)

13.12.060 Performance bond.

A.    The owner or his contractor shall furnish to the City a performance bond between the owner and the City upon the form approved by the City and in an amount equal to the City’s estimated cost of the project, or actual cost, if known, prior to the commencement of the work, or the owner shall provide evidence of a performance bond requiring construction of the water extension which is satisfactory to the City.

B.    The performance bond shall require the owner or his contractor to pay all persons furnishing labor and materials and shall hold the City harmless from any claims thereof, whether any such claims would arise under the public works lien statutes, or the mechanics’ lien statutes of the state of Washington. Compliance with the formal requirements of either or both of the statutes shall not be a condition to recovery upon the bond. (Ord. 566, 1978)

13.12.070 Easements.

Any required easement shall be obtained by the owner at his sole cost and expense. A preliminary easement shall be delivered to the City prior to the time the owner commences construction. At the completion of construction and prior to the City accepting the water extension, a final signed easement shall be delivered to the City by the owner. Where applicable, the owner shall provide an easement compatible with the City’s Comprehensive Plan to ensure continuation of the water line. (Ord. 566, 1978)

13.12.080 Permits.

All the necessary permits shall be obtained by the owner. The City shall be provided with a copy of all such permits before construction begins. (Ord. 566, 1978)

13.12.090 Grading and elevation of roads.

The owner 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 owner changes the subgrade elevation of the road after completion of the extension, or any part thereof, the owner shall be responsible for all costs incurred for the extension as a result of the change in subgrade elevation. This obligation shall remain in full force until the City releases the right-of-way or road construction bond or bond of other description in connection with the owner’s obligation for completion of the roads within the area. (Ord. 566, 1978)

13.12.100 Connection requirements.

Not less than 48 hours prior to the time that the extension is partially or fully completed and connection to the City’s system is desired, written application for permission to make the actual connection to the City’s system at a specified time shall be made by the owner or his contractor. 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. (Ord. 566, 1978)

13.12.110 Final acceptance – Conditions.

The City agrees to accept title to the extension 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. Acceptance of the extension shall be by resolution of the City Council, upon receipt of a completed, executed bill of sale and payment in full of all fees and charges. (Ord. 566, 1978)

13.12.120 Final acceptance – Time limit.

The extension shall be complete and accepted within one year of date of acceptance of the application required by this chapter by the City. If the extension is not completed and accepted within one year from the date designated in the agreement set forth in the ordinance codified in this chapter, then the owner’s rights under the agreement shall cease and no additional service shall be connected to such extension unless and until the owner makes a new application or the City consents to the renewal of the existing application, and the owner pays the additional administrative, legal and engineering costs involved, all as determined by the City Council. (Ord. 566, 1978)

13.12.130 Bill of sale.

The owner agrees to execute a bill of sale prepared by the attorney for the City within 60 days of the approved and completed water extension. The bill of sale will provide for transfer of title of the constructed extension from the owner to the City and will further include the following items:

A.    Statement of cost including administration, legal and engineering fees, for the main installation;

B.    The owner is the lawful owner of the property and it is free from all encumbrances;

C.    That all bills for labor and material have been paid;

D.    The owner has the right to transfer the title and will warrant and defend the same against lawful claims and demands of all persons from two years of the date of the bill of sale;

E.    Consideration will be recited that owner grants the extension to the City for the consideration of incorporating the system in the overall water system of the City;

F.    The owner further warrants that for a period of two years from the date of the bill of sale that the water system will remain in perfect working order and condition except where abused or neglected by the City, and the owner will repair or replace at his own expense any work or material that may prove to be defective during the two-year period of warranty. (Ord. 566, 1978)

13.12.140 Payback agreement.

Following receipt of the bill of sale as described in this chapter, the City agrees to execute and record a payback agreement pursuant to the terms of RCW 35A.80.010, et seq. The payback agreement will provide as follows:

A.    The parties agree to be bound pursuant to the terms of the Municipal Water and Sewer Facilities Act, RCW 35.91.010, et seq.;

B.    The owner has constructed and installed the water line in the general vicinity as portrayed by a map attached and made a part of the payback agreement;

C.    That the bill of sale has been attached to the payback agreement;

D.    That the line has been accepted by the City and that the owner will be supplied with water service at the rate established by the City for their class of service;

E.    That the payback agreement will continue for a period of 15 years from the date of the agreement wherein the City will agree to reimburse the owner and his assigns in accordance with the agreement the pro rata share of the construction of the water line;

F.    The owner of real estate which parallels the water line, who subsequently taps into or uses the water facilities constructed pursuant to this agreement, or laterals or branches connecting thereto, will be charged a fair pro rata share of the costs of the construction of these water facilities;

G.    No person, firm or corporation shall use the water facilities or extensions thereof during the period of time prescribed in such agreement without first paying to the City the full amount required by the provisions of the contract. All amounts so received by the City shall be paid out by it under the terms of that agreement within 60 days after the receipt thereof. (Ord. 566, 1978)