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HomeMy WebLinkAbout12-029 - Green River Construction - Side Sewer Installation at 6426 South 144th StreetReference 12 -029 Council Approval NIA RELEASE AGREEMENT THIS IS A COMPLETE RELEASE OF ALL CLAIMS, KNOWN OR UNKNOWN. READ IT BEFORE SIGNING. THIS RELEASE AGREEMENT "Agreement is made and entered into as of the date of the last party signing below, by and between the City of Tukwila (hereinafter "the City and Charles Fouty and Elaine Fouty (hereinafter "the Foutys"). The City and the Foutys are referred to collectively herein as "the Parties." I. RECITALS A. The Foutys own certain real property located at 6426 South 144 Street within the City of Tukwila, Washington "Property B. The Property is not connected to the public sewer system. C. The Foutys have been paying sanitary sewer charges to the City for years. D. The City has agreed to pay for and facilitate the installation of a side sewer to the Property in full satisfaction of any claim or potential claim made by the Foutys arising out of their payment of sanitary sewer charges to the City prior to becoming connected to the public sewer system. II. AGREEMENT In consideration of the mutual promises and agreements contained herein, the City and the Foutys agree as follows: 1. In exchange for this Release and other consideration described herein, the City agrees to pay for and facilitate the installation of a side sewer to the Property "Work 2. The Work shall be performed by Green River Construction. 3. Contemporaneous to the execution of this Agreement, the Parties will execute a Right of Entry Agreement in the form attached hereto as Exhibit A. -1- ae/Gi /v'51� 4. Charles Fouty and Elaine Fouty do hereby, for themselves and for their heirs, executors, administrators, successors and assigns, release, acquit and forever discharge and covenant not to sue with respect to any and all claims, rights, demands, and causes of action, whether known or unknown, liquidated or unliquidated (including attorney fees and costs), which the Foutys have, had, or could have asserted against the City, its agents, officers, representatives or employees, which relate to sanitary sewer charge payments made by the Foutys to the City of Tukwila prior to the completion of the Work or which relate to the Work to be performed in exchange for this Release. This Release includes but is not limited to, economic loss of any kind including loss or diminution of fair market value of the Property, any claim arising out of or based on contract, statute, tort, regulatory taking, inverse condemnation, or any other theory of law or damages whatsoever. Charles Fouty and Elaine Fouty acknowledge that this Release is made without reliance upon any statement or representation of the party or parties hereby released or their representatives. 5. This Agreement is not an admission of liability or wrongdoing by any party. 6. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Washington. 7. This Agreement constitutes the final written expression of all the terms of this Agreement and is a complete and exclusive statement of the terms of the Agreement. THE UNDERSIGNED HAS READ THE FOREGOING RELEASE OF ALL CLAIMS AND FULLY UNDERSTANDS IT. CAUTION: READ BEFORE SIGNING BELOW Charles F outy CIT O TUKW B im Haggerson, Mayor Date: z-- Date: J115119 Rlaine Fouty J Date: VI; -2- RIGHT OF ENTRY AGREEMENT THIS RIGHT OF ENTRY AGREEMENT "Agreement is entered into this J5 of AmCh- 2012, by and between Charles Fouty and Elaine Fouty, hereinafter referred to as "Grantors," and City of Tukwila, a noncharter optional municipal code city hereinafter referred to as "Grantee WHEREAS Grantors own property located at 6426 South 144th Street in Tukwila, Washington, which is also known as King County Parcel Number 3365901835 (the "Property and WHEREAS the Property is not currently connected to the public sewer system; and WHEREAS Grantors have been paying sanitary sewer charges to the City for years; and WHEREAS Grantee has agreed to pay for and facilitate installation of a side sewer connecting the Property to the public sewer system (the "Work in exchange for Grantors execution of this Right of Entry Agreement and a Release of All Claims. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed as follows: 1. Grantors shall grant to Grantee and its officers, officials, employees, agents, and contractors, a non exclusive license to enter the Property for the purpose of installing a side sewer. 2. Grantors represent and warrant that they are the owners of the Property. 3. Grantee, and Grantee's officers, officials, employees, agents, and contractors shall have the right of ingress and egress, in a reasonable manner, to and from the Property, to conduct the Work (the "Entry 4. The Work may cause some disruption to the Property. The Grantee shall seek to minimize disruption to the Property. 5. Grantors and Grantee acknowledge that this Agreement is in no way intended to place future maintenance responsibilities on Grantee. Grantors shall be responsible for maintaining the side sewer once it is installed. 6. Grantors shall protect, defend, indemnify and hold harmless Grantee, its officers, officials, employees, agents, and contractors from any and all claims, demands, suits, penalties, 07 l/s� �6,1N� losses, damages, judgments or costs of any kind whatsoever, (hereinafter "claims caused by or arising out of any act, error or omission of Grantors, their officers, employees and agents in performing the activities authorized by this Agreement, to the extent not caused by or arising out of any act, error or omission of Grantee, its officers, employees, agents, or contractors. Grantors agree that their obligations under this paragraph extend to any claims brought by or on behalf of any employees or agents of Grantors. The foregoing duty is specifically and expressly intended to constitute a waiver of Grantors' immunity under Washington's Industrial Insurance act, RCW Title 51, to the extent necessary to provide Grantee with a full and complete indemnity and defense of claims made by Grantors' employees or agents. The parties acknowledge that these provisions were mutually negotiated and agreed upon by them. In the event Grantee incurs any judgment, award and /or costs arising therefrom including attorney's fees to enforce the provisions of this paragraph, all such fees, expenses and costs shall be recoverable from Grantors. 7. Grantee shall complete all Work at its sole cost and expense. 8. This Agreement shall terminate upon completion of the Work. Grantors' obligations to hold harmless and indemnify the City, detailed in Paragraph 6 above, shall survive the termination of this Agreement. 9. This Agreement is the entire agreement of the parties and supersedes any prior agreement with respect to the subject matter hereof. This Agreement may not be modified or assigned without the written consent of the parties. If a court of competent jurisdiction deems any provision of this Agreement invalid or unenforceable, the remaining provisions shall remain in full force and effect. 10. This Agreement may be executed in identical counterparts. IN WITNESS WHEREOF, the parties have set their hands the date and year first above written. GRANTORS GRANTEE —CITY OF TUKWILA �Z tt �U' Q; By: Charles Fouty rm Hagge ayor r APPROVED AS TO FORM: By: Elaine Fouty By: ra/Q.p 1 Cit Attorney M WASHINGTON ss. County of i n On this 15 day of mG(1"dV 2012, before me appeared Charles Fouty and Elaine Fouty to me known to be the individuals herein, and on oath stated that they signed this instrument and acknowledged it to be their free and voluntary act for the consideration, uses and purposes mentioned in the instrument. Name: Notary Public in and for the State of Washington, residing in My commission expires os� -3- CITY OF TUKWILA 12 -029 Council Approval N/A Short Form Contract Contractor/ Green River Construction Company, Inc. Vendor Name: Gerry Knudson Project No. Address: 6402 S 144 Street, Suite 1 Tukwila, WA 98168 Budget Item: y 07- .�I€3�5�1y 353. 0U Telephone: 206- 246 -9456 Project Name: Side Sewer at 6426 South 144 Street Please initial all attachments, then sign and return copies one and two to: City of Tukwila, Public Works Department, 6300 Southcenter Boulevard, Suite 100, Tukwila, Washington 98188. Retain copy three for your records until a fully executed copy is returned to you. AGREEMENT This Agreement, made and entered into this 15 day of Y( ,Iti 20 by and between the City of Tukwila, hereinafter called the City, and Green River Construction Company, Inc., hereinafter called the Contractor. The City and the Contractor hereby agree as follows: 1. SCOPE OF WORK The installation of a side sewer at 6426 South 144 Street per the attached drawing and details. 2. TIME OF COMPLETION The work shall be commenced i`�I \Z' and be completed no later than I 3. CONTRACT SUM The City shall pay the Contractor for the performance of the work the sum of $7,395.00 plus applicable Washington State sales tax. 4. PAYMENTS The City shall make payments on account of the contract at completion of project. 5. ACCEPTANCE AND FINAL PAYMENT Final payment shall be due 10 days after completion of the work, provided the contract is fully performed and accepted. 4 T a DYk 161469 .-S 6. GENERAL CONDITIONS The City and the Contractor agree upon the following general conditions which shall govern: A. Contract Documents The contract includes this Agreement, Scope of Work and Payment Exhibit. The intent of these documents is to include all labor, materials, appliances and services of every kind necessary for the proper execution of work, and the terms and conditions of payment therefore. The documents are to be considered as one, and whatever is called for by any one of the documents shall be as binding as if called for by al.l. The Contractor agrees to verify all measurements set forth in the above documents and to report all differences in measurements before commencing to perform any work hereunder. B. Materials, Appliances and Employees Except as otherwise noted, the Contractor shall provide and pay for all materials, labor, tools, water, power and other items necessary to complete the work. Unless otherwise specified, all material shall be new, and both workmanship and materials shall be of good quality. Contractor warrants that all workmen and subcontractors shall be skilled in their trades. C. Surveys, Permits and Regulations The City shall furnish all surveys unless otherwise specified. Permits and licenses necessary for the prosecution of the work shall be secured and paid for by the Contractor. Easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City unless otherwise specified. The Contractor shall comply with all laws and regulations bearing on the conduct of the work and shall notify the City in writing if the drawings and specifications are at variance therewith. D. Protection of Work, Property and Persons The Contractor shall adequately protect the work, adjacent property and the public and shall be responsible for any damage or injury due to his act or neglect. E. Access to Work The Contractor shall permit and facilitate observation of the work by the City and its agents and public authorities at all times. F. Changes in the Work The City may order changes in the work, the contract sum being adjusted accordingly. All such orders and adjustments shall be in writing. Claims by the Contractor for extra cost must be made in writing before executing the work involved. G. Correction of Work The Contractor shall re- execute any work that fails to conform to the requirements of the contract and that appears during the progress of the work, and shall remedy any defects due to faulty materials or workmanship which appear within a period of one year from date of completion of the contract and final acceptance of the work by the City unless the manufacturer of the equipment or materials has a warranty for a longer period of time, which warranties shall be assigned by Contractor to City. The provisions of this article apply to work done by subcontractors as well as to work done by direct employees of the Contractor. -2- H. Owner's Right to Terminate Contract Should the Contractor neglect to prosecute the work properly, or fail to perform any provision of the contract, the City, after seven days' written notice to the contractor, and his surety, if any, may without prejudice to any other remedy the City may have, make good the deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contract or, at the City's option, may terminate the contract and take possession of all materials, tools, appliances and finish work by such means as the City sees fit, and if the unpaid balance of the contract price exceeds the expense of finishing the work, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the City. I. Payments Payments shall be made as provided in the Agreements. Payments otherwise due may be withheld on account of defective work not remedied, liens filed, damage by the Contractor to others not adjusted, or failure to make payments properly to the subcontractors. J. Contractor's Liability Insurance Contractor will carry public liability and property damage insurance with carriers satisfactory to the City, in the following amounts: $50,000 property damage 500,000 public liability (each person) $1,000,000 public liability (each occurrence) with endorsements naming the City as an additional insured and will provide the City with certificates of insurance prior to start of construction and with 30 days notice prior to cancellation. K. Performance Bond The Contractor shall furnish to the City prior to start of construction a performance bond in an amount of 100% of the contract in a form acceptable to the City. In lieu of bond for contracts less than $25,000, the City may, at the Contractor's option, hold 5% of the contract amount as retainage for a period of 30 days after final acceptance or until receipt of all necessary releases from the Department of Revenue and the Department of Labor and Industries and settlement of any liens, whichever is later. L. Liens The final payment shall not be due until the Contractor has delivered to the City a complete release of all liens arising out of this contract or receipts in full covering all labor and materials for which a lien could be filed, or a bond satisfactory to the City indemnifying the City against any lien. M. Separate Contracts The City has the right to let other contracts in connection with the work and the Contractor shall properly cooperate with any such other contracts. N. Attorneys Fees and Costs In the event of legal action hereunder, the prevailing party shall be entitled to recover its reasonable attorney fees and costs. -3- O. Cleaning Up The Contractor shall keep the premises free from accumulation of waste material and rubbish and at the completion of the work he shall remove from the premises all rubbish, implements and surplus materials and leave the building broom clean. P. Indemnification The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by an act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. Q. Prevailing Wages The Contractor shall pay all laborers, workmen and mechanics the prevailing wage and shall file the required "Statement of Intent to Pay Prevailing Wages" in conformance with RCW 39.12.040. R. Discrimination Prohibited The Contractor shall comply with all Equal Employment Opportunity regulations and shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor on the basis of race, color, religion, creed, sex, age, national origin, marital status or the presence of any sensory, mental or physical handicap. M IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written. CITY OF TUKWILA By:.. Si nature Printed N �LYh JO Title: M" 6Y U Date ATTEST/AUTHENTICATED: City Clerk APPROVED AS TO FORM: Office of the City Attorney By: C, f �gnature Printed Name: Title: Date: /el L -5- THE CONTRACTOR SHALL LOCATE THE EXISTING UNDERGROUND PHONE LINE AND PROTECT THE PHONE LINE DURING THE INSTALLATION OF THE SIDE SEWER IN THE BASE BID OF THE CONTRACT, STEP: CECK Z a V`a I EEEqSTEPS 1 U TANK LOCATION POR yryr Y V e 'N �i THE CONTRACTOP, SHALL LOCATE SEPTIC TANK t2�7 THE CONTRACTOR SHALL PUMP OUT AND RINSE SEPTIC TANK THE CONTRACTOR SHALL ABANDON THE SEPTIC TANK PER THE REQUIREMENTS OF KING COUNTY HEALTH DEPT ELAINE E CHARLES FOUTY 6426 SOUTH 144TH STREET PHONE 206 576 4339 CONNECT THE HOUSE TO THE PROPOSED SIDE SEWER PROVIDE CLEAN OUT PER DETAIL SS -03 CONNECT SIDE SEWER TO THE EXISTING STUB PER DETAIL SS -02 THE CONTRACTOR SHALL PROVIDE ALL PARTS REQUIRED TO CONNECT THE SIDE SEWER TO THE HOME PLUMBING. THE HOUSE HAS 2 LINES CONNECTING TO THE EXISTING CH SEPTIC TANK, THE CONTRACTOR SHALL CONNECT BOTH LINE TO THE PROPOSED SIDE SEWER. 30ti LA:Gir G DEi:Y, WOOD. N STEFS W GRASS AND GRAVEL a DRIVEWAY W U) z N U n. a w U) THE SIDE SEWER STUB PER ASBUILT CALL 48 HOURS 1 1-8 IS 105' WEST OF SAN SEWER MANHOLE BEFORE YOU DIG THE STUB MAYBE 9' TO 10' DEEP WATER METER 00-424-5555 MAIL BOX EDGE OF PAVEMENT 8" WATER 36" STORM 8" SANITARY SEWER SEE CONSTRUCTION NOTES FOR PROJECT REQUIREMENTS THE EXISTING STUB IS LOCATED IN THE FRONT YARD THE STUB IS BY 2 X 4 IN LAWN THE PIPE IS 6" CAST IRON CONNECT SIDE SEWER TO THE EXISTING STUB PER DETAIL SS -02 SOUTH 144TH STREET EDGE OF PAVEMENT 6 EXISTING MANHOLE 105' EAST OF SIDE SEALER STUB NOT TO SCALE Ld City o, f z e��• 1909 •boy Tukwila THE FOUTY SIDE SEWER 6426 SOUTH 144TH STREET SHEET: PLAN SHEET REVISION #1: 12 20 2011 I LAST REVISION: APPROVAL: M.CUSICk, PE 12 27 2011 CON. LANDING Q w Y w z z� O EXISTING SEPTIC U TANK LOCATION POR yryr Y V e 'N �i THE CONTRACTOP, SHALL LOCATE SEPTIC TANK t2�7 THE CONTRACTOR SHALL PUMP OUT AND RINSE SEPTIC TANK THE CONTRACTOR SHALL ABANDON THE SEPTIC TANK PER THE REQUIREMENTS OF KING COUNTY HEALTH DEPT ELAINE E CHARLES FOUTY 6426 SOUTH 144TH STREET PHONE 206 576 4339 CONNECT THE HOUSE TO THE PROPOSED SIDE SEWER PROVIDE CLEAN OUT PER DETAIL SS -03 CONNECT SIDE SEWER TO THE EXISTING STUB PER DETAIL SS -02 THE CONTRACTOR SHALL PROVIDE ALL PARTS REQUIRED TO CONNECT THE SIDE SEWER TO THE HOME PLUMBING. THE HOUSE HAS 2 LINES CONNECTING TO THE EXISTING CH SEPTIC TANK, THE CONTRACTOR SHALL CONNECT BOTH LINE TO THE PROPOSED SIDE SEWER. 30ti LA:Gir G DEi:Y, WOOD. N STEFS W GRASS AND GRAVEL a DRIVEWAY W U) z N U n. a w U) THE SIDE SEWER STUB PER ASBUILT CALL 48 HOURS 1 1-8 IS 105' WEST OF SAN SEWER MANHOLE BEFORE YOU DIG THE STUB MAYBE 9' TO 10' DEEP WATER METER 00-424-5555 MAIL BOX EDGE OF PAVEMENT 8" WATER 36" STORM 8" SANITARY SEWER SEE CONSTRUCTION NOTES FOR PROJECT REQUIREMENTS THE EXISTING STUB IS LOCATED IN THE FRONT YARD THE STUB IS BY 2 X 4 IN LAWN THE PIPE IS 6" CAST IRON CONNECT SIDE SEWER TO THE EXISTING STUB PER DETAIL SS -02 SOUTH 144TH STREET EDGE OF PAVEMENT 6 EXISTING MANHOLE 105' EAST OF SIDE SEALER STUB NOT TO SCALE Ld City o, f z e��• 1909 •boy Tukwila THE FOUTY SIDE SEWER 6426 SOUTH 144TH STREET SHEET: PLAN SHEET REVISION #1: 12 20 2011 I LAST REVISION: APPROVAL: M.CUSICk, PE 12 27 2011 CONSTRUCTION NOTES 1) Locate existing side sewer at 6426 South 144 Street. The point of connection will be in a landscape area. See Lid 20 drawing for original sewer plan sheet. Coordinate with property owner and City for sewer stub location. 2) Locate the existing septic tank at 6426 South 144 Street using private locate service The tank is located near the handicap ramp per the property owner. Per the owner the existing septic tank has 2 lines from the house connecting to the tank. The Contractor shall locate both prior to digging the sewer trench. The front steps and the ramp may have to be removed for the installation of the side sewer. The steps /ramp work is part of the base bid. When the side sewer is installed, the stairs and steps shall be reinstalled. The concrete slabs at the base of the steps and ramp shall be replaced in kind if they have to be removed. 3) Provide up to 125 LF of 4" SDR 35 PVC sewer pipe from the house to the existing side sewer stub. See details SS -02 and SS -03 (attached). Provide all fittings for the installation of the sewer. 4) Bed the sewer pipe in 6" of 5/8" crushed rock. 5) Backfill for the trench in the driveway area with 5/8" crushed rock compacted to 95% density. 6) Restore all disturbed landscaping. 7) Remove top of septic tank, pump and rinse tank per the requirement of King County Health Department. Backfill with crushed rock. 8) Provide as -built drawing to the City of, Tukwila at completion of installation of the side sewer. 9) Contractor to coordinate with Engineer and Property Owner the route of the sewer line. 10) Soils not returned to the trench shall also be waste hauled from the site as part of the base bid. 11) If the existing side sewer stub is not found, the contractor shall connect to the existing sewer main in the street with restoration of existing surfaces. Match existing material thickness. (W:PW Eng/Other /Mike Cusick/Construction Notes 6420 S 153 St) 4 PROPERTY LINE PLUGGED CLEAN OUT (TOTAL 90° REQUIRES CLEAN OUT) LONG SWEEP w BEND z PLUGGED w CLEAN OUT— ADDRESS 0 (WYE) t SOIL PIPE w z J w a 1' LL IN ADAPTER /4' MIN. SEWER PIPE w z it w EXISTING Q 150' NAX. SEPTIC 3 30" !"I CITY RAN Q� INSPECTION TEE AT LINE CITY WIN LINE CLEAN OUT 6" PLUG 6 "x6 "x4 "WYE �6" SEWER PIPE STREET REET SEWER MAIN NOTES: SADDLE AT EXISTING MAIN j 1. MATERIALS AND INSTALLATION CHAPTER 8 OF THESE STANDARDS. 2. DECOMMISSION SEPTIC TANK PER CHAPTER 8 OF THESE STANDARDS AND KING COUNTY HEALTH DEPARTMENT. 3. WATER AND SEWER LINE SEPARATION 10' HORIZONTALLY. IF WATER AND SEWER LINES CROSS, SEWER SHALL BE AT LEAST 18" BELOW THE WATER LINE. 4. STANDARDS FOR SEWER MAIN APPLY TO CONNECTIONS LONGER THAN 150' FROM THE MAIN. SEE CHAPTER 8. 140T TO SCALE SANITARY SIDE SEWER O O f GVE-Et'. RESIF�'lg'I..: k w _.J Q t Evlslr 08 0 r.; I REItsIQls: r;.0� r..sr e R..SHEL TON ,.,...a..,...._..,.z_. 1/2" 0 0 0 I a� 0 0 0 1/8" RAISE -1/2" WIDE BORDER PLAN VIEW 10 1. 9 1, 8-3/4" 2" 2-7/8" 4 L12" 7" 7-314" 8 ELEVATION CAST IRON RING AND COVER LABELED C.C. 12" DIA. FIBRE JOINT PACKING 2' EARTH SIDE SEWER 4 3/4" NOT TO SCALE SANITARY SIDE SEWER ity 0 GLEAN-GUT SNEET: Tukivil'a REVISION 0: APPROVAL: M 5HELTON FINISHIGRADE -PLUG TOP OF TRENCH 1.3 X 'DEPTH' (MAX. WIDTH) PAVEMENT PATCHING (SEE RS-03) BACKFILL MIN. 3'& MAX. 6' 12"MIN. BEDDING PIPE OUTER ER UIA. 4" IN. oulrER DIA. 24" (MAX. WID(H) BOTTOM OF TRENCH NOTE: 1. ALL BACKFILL SHALL BE 5/8" CRUSHED ROCK COMPACTED TO 90% MODIFIED PROCTOR OPTIMUM DENSITY. 2. REFER TO RS-03 FOR PAVEMENT PATCHING. 3. PAVED AREAS: BACKFILL WITH CRUSHED ROCK. 4. UNPAVED AREAS: BACKFILL WITH NAT IVE MATERIAL OR CRUSHED ROCK. NOT TO SCALE TRENCH C-7it Ql BEDDING AND BACKFILL SHEET: 8 REVISION ffl: 08.03 I LAST REVISION: 0•.03 Tukivila 190a Ar-M.)VAL: BOB GIBERSON, CITY ENGINEER ASPHALT CONCRETE OR BITUMINOUS PLANT MIX REPLACEMENT PATCH CUT WITH PNEUMATIC PAVEMENT CUTTER EXISTING ASPHALT PAVEMENT EXTRA RIGID BASE 5/8" MINUS COMPACTED CRUSHED ROCK UNLESS OTHERWISE ORDERED BY THE CITY DEPTH DETERMINED BY CITY CONCRETE 150% OF SAW CUT EXISTING DEPTH EXISTING CONCRETE PAVEMENT ���i 5/8" MINUS COMPACTED CRUSHED ROCK UNLESS OTHERWISE ORDERED BY THE CITY TYPICAL PATCH FOR RIGID PAVEMENT TYPICAL PATCH FOR FLEXIBLE PAVEMENT SAW CUT EXISTING ASPHALT PAVEMENT 5/8" MINUS COMPACTED CRUSHED ROCK UNLESS OTHERWISE ORDERED BY THE CITY NOTES: 1. ALL WORK TO CONFORM TO THE CURRENT WSDOT /APWA STANDARD SPECIFICATIONS FOR ROAD, BRIDGE, AND MUNICIPAL CONSTRUCTION. 2. A MINIMUM OF A ONE YEAR GUARANTEE IS REQUIRED ON ALL PAVEMENT PATCHING AND OVERLAYS. 3. CONTROLLED DENSITY FILL IN PLACE OF CRUSHED ROCK MATERIAL MAY BE REQUIRED IN CASES OF RECENT PAVEMENT OVERLAY, OR AS DIRECTED BY CITY ENGINEER. NOT TO SCALE I PAVEMENT' RESTORATION n I SHEET: RS-03 84 I�' i REVISION tr9: 08.03 APPROVAL: B. SHELTON ASPHALT CONCRETE OR BITUMINOUS PLANT MIX REPLACEMENT PATCH 150% OF EXISTING DEPTH SAW CUT EXISTING OIL MAT 8„ 5/8" MINUS COMPACTED CRUSHED ROCK UNLESS OTHERWISE ORDERED BY THE CITY TYPICAL PATCH FOR FLEXIBLE PAVEMENT SAW CUT EXISTING ASPHALT PAVEMENT 5/8" MINUS COMPACTED CRUSHED ROCK UNLESS OTHERWISE ORDERED BY THE CITY NOTES: 1. ALL WORK TO CONFORM TO THE CURRENT WSDOT /APWA STANDARD SPECIFICATIONS FOR ROAD, BRIDGE, AND MUNICIPAL CONSTRUCTION. 2. A MINIMUM OF A ONE YEAR GUARANTEE IS REQUIRED ON ALL PAVEMENT PATCHING AND OVERLAYS. 3. CONTROLLED DENSITY FILL IN PLACE OF CRUSHED ROCK MATERIAL MAY BE REQUIRED IN CASES OF RECENT PAVEMENT OVERLAY, OR AS DIRECTED BY CITY ENGINEER. NOT TO SCALE I PAVEMENT' RESTORATION n I SHEET: RS-03 84 I�' i REVISION tr9: 08.03 APPROVAL: B. SHELTON We, the undersigned, do hereby grant to the City of Tukwila and its contractors, permission to enter upon our property at: 6426 So. 140 St. Tukwila, Washington and to connect to the sanitary sewer CITY OF TUKWIL By Senior Engineer AGREED TO THIS DAY OF ,J ,6W t t� ,20 A 7 Owner's Name (Please Print) Owner's Signature 0'L _"t4- /.�°_,_1. Address Telephone Number w9m NJ Q A �6 Rl I W _0 Yd. (a S Oh �j O?HW kq \L Ln e e .41. 0 .0 +1 0� V) 0 0 0 o inu l uj z 0 0 Ro (L m 6 U) Cl fn 0 w .5 .6 0 J'A cr) N U LL7 Ill qt 70 9 0 z d LU ,Q, u v U) q Z J 0 z LU -.1 LO cli z fn 'I 1 UOU LLI LU Cl) Icc CO rr) '3AV 3 ii H.w Llj 0 4N J v z ILI HW (n a. X le, z co x cli in m J 0 0 19 z 'o in 0' 0 :2 a,.. 1 q Fr O J Z Z1. 19 r.: W 3 1 ffV W o f HWQ 0 C\I 0 0 z 01/26/2012 12: 206246224 GREEN RIVER CONST PAGE 02/02 PROPOSAL Side Sewer Installation -at 6426 South _144 1h Street THIS IS A PREVAILING WAGE JOB Installation of Side Sewer January 2012 1 0"' Perform all work associated with this project including bonding and insurance, Lump Sum Electronic locate of existing septic tank at 6426 South 144" Street. Lump Sum 7 Trench. Safety System Lump Sum >6 z) 4— If existing sewer stub is not found, connection to existing sanitary sewer main in street, Lump Sum Tax (9.5%) Total Company Name: �����,1� It _��.�G Contact Name: Address: 1p �11,42, �S Telephone: IPA�4� O&k- 7Z -VV-Se U& Please return to: Mike Cusick, P,E, City of Tukwila Public Works Dapartment 6300 Southeenter Blvd., Smite 100 Tukwila, WA 98188 (W.PW Eng(Pv0iccWA Sewer at 6426 S 110/1 for SSS 6426 S 144 sf) Client 121099 GREERIVE8 ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY) 2/02/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Tara Love I Propel Insurance I PHONE 206.676.4233 FA 866.577.1326 Seattle Commercial Insurance i E MA Lo. Extl: (A/C, No): ADDRESS: trl @propelinsurance.com 925 4th Ave, Suite 3200 INSURER(S) AFFORDING COVERAGE NAIC /1 Seattle, WA 98104 INSURER A American Fire and Casualty Comp INSURED INSURER 13: Ohio Casualty Insurance Company Green River Construction Co Inc 6402 South 144th Street, #1 INSURER C: I INSURER D: Tukwila, WA 98168 I INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR1 TYPE OF INSURANCE IADDL SUBR LTR INSR WVD POLICY NUMBER I POLICY (MM/DD I LIMITS A J GENERAL LIABILITY X X BKA54943633 12/08/2011 12/08/2017 EACH OCCURRENCE 1 $1,000,000 X COMMERCIALGENERALLIABILITY DAMAGE TO RENTED PREMISES /Ea occurrence) $1,000,000 CLAIMS -MADE OCCUR I MED EXP (Any one person) 1 $15,000 PD Ded:1 I PERSONAL& ADV INJURY $1,000,000 kGE11 GENERAL AGGREGATE 1$2,000,000 AGGREGATE LIMIT APPLIES PER: I PRODUCTS COMP /OP AGG I 2,000,000 POLICY II PRO- JECT LOG I$ A AUTOMOBILE LIABILITY X X BAA54943633 12108/2011 12/08/201 COMBINED SINGLE LIMIT (Ea accient) F R ANY AUTO BODILY INJURY Per person) $1,000,000 (Per ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) I X HIRED AUTOS X AUTOS II PROPERTY IPerraccdentDAMAGE I I I Is B UMBRELLA LIAB X OCCUR US054943633 12/08/2011 12/08/201? EACH OCCURRENCE 1 $2,000.000 EXCESS LIAB CLAIMS -MADE I AGGREGATE 1$2,000.000 I I DED I XI RETENTION$10000 I I I A WORKERS COMPENSATION gKA54943633 12/08/2011 12/08/201 WC STATU- OTH -I AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN WA Stop Gap E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? El NIA (Mandatory In It yes, describe under I E.L. DISEASE EA EMPLOYEEI $1,000,000 DESCRIPTION OF OPERATIONS below I E.L. DISEASE -POLICY LIMIT I $1,000,000 DESCRIPTION OF OPERATIONS LOCATIONS! VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Foudy Side Sewer, 6426 South 144th St, Tukwila WA GRC #21207. The City of Tukwila is additional insured per the attached endorsement. CERTIFICATE HOLDER CANCELLATION City of Tukwila SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. 6300 Southcenter Blvd Suite 100 AUTHORIZED REPRESENTATIVE Tukwila, WA 98188 ©1988 -2010 ACORD CORPORATION. All rights reserved. A)CORD 25 (2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S853000/M819923 KTR00 /13/12 about blank State of Washington Department of Labor Industries Prevailing Wage Section -Telephone 360- 902 -5335 PO Box 44540, Olympia, WA 98504 -4540 Statement of Intent to Pay Prevailing Wage Document Received Intent Id: Affidavit Id: Status: Approved On Date :2 /13/2012 500231 2/13/2012 Company Details Industrial Insurance Account Id: Filed By Prime Contractor GREEN RIVER CONST COMPANY INC 6402 S 144TH ST STE 1 SEATTLE, WA 98168 206 246 -9456 UBI 600582949 Reg GREENRC148MM E -mail: roxanne @greenriverconstruction.com 371,119-00 Knudsonjerry GREEN RIVER CONST COMPANY INC GREENRC148MM Company Name Contractor Registration No. WA UBI Number Phone Number Project Information Awarding Agency Awarding Agency Contact Awarding Agency Contact Phone Number Contract Number Project Name Bid due date Award Date 600582949 206 246 -9456 TUKWILA, CITY OF 6300 S CENTER BLVD #101 TUKWILA, WA 98188 Mike Cusick 206 431 -2441 21207 64265. 144th Foudy Side Sewer 1/26/2012 2/2/2012 113112 I abouttlank Project Site Address or Directions Intent Details Does your company intend to hire subcontractors No to perform all work? Does your company intend to hire any No subcontractors? Will your company have employees perform work Yes on this project? Do you intend to use any apprentices? (apprentices No are considered employees.) Will this project utilize American Recovery and No Reinvestment Act (ARRA) funds? Specifically, will this project utilize any No weatherization or energy efficiency upgrade funds (ARRA or otherwise)? How many owner /operators performing work on 0 the project own 30% or more of the company? What is the estimated contract amount? Or is this a $8,097.53 time and materials estimate? Expected project start date: (MM DID- -YYYY 2/17/2012 In what county (or counties) will the project be King done? In what city (or nearest city) will the project be Tukwila done? Journey Level Wages County Trade Occupation Wage Fringe Workers King Laborers General Laborer $40.03 $0.00 2 King Power Equipment Shovel Excavator, $49.48 $0.00 1 Operators Backhoe, Tractors Under 15 Metric Tons. wil Show /Hide Existina Notes No note exists m m O J W Q H an O H 0 O c0 F- ci Q m z O V Z_ C O w m 0 ul to O m to 0 0 w O O M 0 0 0 0 O m Ul W m N O c N 1p Vl N' V1 CO 00 V1 N O �/1 o Qt f� O O Q N N Q N N Q OM1 H N N G1 N w lD H C l7 N 1 O H O l N Oi N o0 N m H c lz c 00 lD O 00 l W O 0 H p lD N l0 N C W m O H Ql N H H N H H H H H H H H H N N N N a r- N V? VT N V} VT N t/T V? to N V} Vl VT N V1 VT In m l(1 V1 to O H V1 O O cp O O o� O O O N O m ✓1 V1 M N O H N t0 Ul tlt W o0 vt H O vt O Ot N 1p Ol Q N M c N h Ot Ol H N N Ql lft W l0 1p F, N N VT N W LT V? VT N M N N N N V} VS VF Vi N O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m O O O O O O O O o 0 0 0 0 0 0 0 0 0 0 O O H O O� 0 0 0 to O O O O O O O O N O N N O M CO OJ ON O Cl L' O N i Cl O N O CO z V, M M Q tD V1 V1 M lD lD O� N Ol O M O V1 W H w� N H N N W V1 N V} V1 N VY ti} N N In N t7 V? N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W 0 0 0 0 0 vt O 0 0 0 0 Vt O O O� O N Qw N N N c c 1p H to M V N O V O N c m S V w Z �.n N Vi N N 4.7 VT N Vy 4/I -4/1 V} V1 N N N to N VT VT W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 H U C N vt O O O O Vt 0 0 o o 0 o 0 0 0 o o 0 t� 0 0 0 O N O N O 0 0 ✓t VI O O O O O N U d O w J V1 H O vl H m Q N V1 M m N V1 M V1 Q O N H Z O C U w Y Z w O Q N Vy N in N N N Vt :/T N N S/} 4A lA Vf N V} i/1 N O O O O N O 0 0 0 0 0 0 0 0 0 0 0 0 O N O O O M O O O O 0 0 0 0 0 0 0 0 0 O O Y L O O Q 0 0 0 1 0 0 0 0 0 0 v O O O O O N Vt 0 0 0 VI O O vl O m O O m 0 0 0 N O O� C Cl V1 N O N 1l1 N O Ol O w N V Q1 N O CO c vi 1p m vi ui ui �i N N C 0 O C d Q -N-i H in N N N N N N 4l} N MT 4n N N [n VT In N VT in U N Z N p C F D l'J V z w c Z U Z S O O Z C Z l O u p u O z V Z O O a j uu W J O u u N x w 0 C ry N O u vi J U Z c m p F- ZO ti ON H pZ Z H w¢ Z z Z Q H N a Z Z a N O Z C u N V OZ LL N O w O W H C C a� O w L) Q V> o z Z 0 V V F Z W a O O p O U O O Z v' u O 0 3 F O Z H w m U w C C T C C Z w T U w Y J J C G C Z. �w f- w 0 V LL O Z Z V O Y Z ff O V m U V o o a f O a m a O u 0 D x O O u Z C c n m C O w RELEASE AGREEMENT THIS IS A COMPLETE RELEASE OF ALL CLAIMS, KNOWN OR UNKNOWN. READ IT BEFORE SIGNING. THIS RELEASE AGREEMENT "Agreement is made and entered into as of the date of the last party signing below, by and between the City of Tukwila (hereinafter "the City and Charles Fouty and Elaine Fouty (hereinafter "the Foutys"). The City and the Foutys are referred to collectively herein as "the Parties." I. RECITALS A. The Foutys own certain real property located at 6426 South 144' Street within the City of Tukwila, Washington "Property B. The Property is not connected to the public sewer system. C. The Foutys have been paying sanitary sewer charges to the City for years. D. The City has agreed to pay for and facilitate the installation of a side sewer to the Property in full satisfaction of any claim or potential claim made by the Foutys arising out of their payment of sanitary sewer charges to the City prior to becoming connected to the public sewer system. II. AGREEMENT In consideration of the mutual promises and agreements contained herein, the City and the Foutys agree as follows: 1. In exchange for this Release and other consideration described herein, the City agrees to pay for and facilitate the installation of a side sewer to the Property "Work 2. The Work shall be performed by Green River Construction. 3. Contemporaneous to the execution of this Agreement, the Parties will execute a Right of Entry Agreement in the form attached hereto as Exhibit A. 4. Charles Fouty and Elaine Fouty do hereby, for themselves and for their heirs, executors, administrators, successors and assigns, release, acquit and forever discharge and covenant not to sue with respect to any and all claims, rights, demands, and causes of action, whether known or unknown, liquidated or unliquidated (including attorney fees and costs), which the Foutys have, had, or could have asserted against the City, its agents, officers, representatives or employees, which relate to sanitary sewer charge payments made by the Foutys to the City of Tukwila prior to the completion of the Work or which relate to the Work to be performed in exchange for this Release. This Release includes but is not limited to, economic loss of any kind including loss or diminution of fair market value of the Property, any claim arising out of or based on contract, statute, tort, regulatory taking, inverse condemnation, or any other theory of law or damages whatsoever. Charles Fouty and Elaine Fouty acknowledge that this Release is made without reliance upon any statement or representation of the party or parties hereby released or their representatives. 5. This Agreement is not an admission of liability or wrongdoing by any party. 6. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Washington. 7. This Agreement constitutes the final written expression of all the terms of this Agreement and is a complete and exclusive statement of the terms of the Agreement. THE UNDERSIGNED HAS READ THE FOREGOING RELEASE OF ALL CLAIMS AND FULLY UNDERSTANDS IT. CAUTION: READ BEFORE SIGNING BELOW Charles Fouty CIT 2�oHaggerson, TUKW B Mayor Date: 3 Date: Elaine Fouty Date: f -2- WASHINGTON ss. County ofin� On this 1 day of March- 2012, before me appeared Charles Fouty and Elaine Fouty to me known to be the individuals herein, and on oath stated that they signed this instrument and acknowledged it to be their free and voluntary act for the consideration, uses and purposes mentioned in the instrument. -3- '/vuI Name: Notary Public in and for the State of in Washington, residing My commission expires os� -3- RIGHT OF ENTRY AGREEMENT THIS RIGHT OF ENTRY AGREEMENT "Agreement is entered into this day of 2012, by and between Charles Fouty and Elaine Fouty, hereinafter referred to as "Grantors," and City of Tukwila, a noncharter optional municipal code city hereinafter referred to as "Grantee WHEREAS Grantors own property located at 6426 South 144th Street in Tukwila, Washington, which is also known as King County Parcel Number 3365901835 (the "Property and WHEREAS the Property is not currently connected to the public sewer system; and WHEREAS Grantors have been paying sanitary sewer charges to the City for years; and WHEREAS Grantee has agreed to pay for and facilitate installation of a side sewer connecting the Property to the public sewer system (the "Work in exchange for Grantors execution of this Right of Entry Agreement and a Release of All Claims. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed as follows: 1. Grantors shall grant to Grantee and its officers, officials, employees, agents, and contractors, a non exclusive license to enter the Property for the purpose of installing a side sewer. 2. Grantors represent and warrant that they are the owners of the Property. 3. Grantee, and Grantee's officers, officials, employees, agents, and contractors shall have the right of ingress and egress, in a reasonable manner, to and from the Property, to conduct the Work (the "Entry 4. The Work may cause some disruption to the Property. The Grantee shall seek to minimize disruption to the Property. 5. Grantors and Grantee acknowledge that this Agreement is in no way intended to place future maintenance responsibilities on Grantee. Grantors shall be responsible for maintaining the side sewer once it is installed. 6. Grantors shall protect, defend, indemnify and hold harmless Grantee, its officers, officials, employees, agents, and contractors from any and all claims, demands, suits, penalties, Orel 6,1"V*6 losses, damages, judgments or costs of any kind whatsoever, (hereinafter "claims caused by or arising out of any act, error or omission of Grantors, their officers, employees and agents in performing the activities authorized by this Agreement, to the extent not caused by or arising out of any act, error or omission of Grantee, its officers, employees, agents, or contractors. Grantors agree that their obligations under this paragraph extend to any claims brought by or on behalf of any employees or agents of Grantors. The foregoing duty is specifically and expressly intended to constitute a waiver of Grantors' immunity under Washington's Industrial Insurance act, RCW Title 51, to the extent necessary to provide Grantee with a full and complete indemnity and defense of claims made by Grantors' employees or agents. The parties acknowledge that these provisions were mutually negotiated and agreed upon by them. In the event Grantee incurs any judgment, award and/or costs arising therefrom including attorney's fees to enforce the provisions of this paragraph, all such fees, expenses and costs shall be recoverable from Grantors. 7. Grantee shall complete all Work at its sole cost and expense. 8. This Agreement shall terminate upon completion of the Work. Grantors' obligations to hold harmless and indemnify the City, detailed in Paragraph 6 above, shall survive the termination of this Agreement. 9. This Agreement is the entire agreement of the parties and supersedes any prior agreement with respect to the subject matter hereof. This Agreement may not be modified or assigned without the written consent of the parties. If a court of competent jurisdiction deems any provision of this Agreement invalid or unenforceable, the remaining provisions shall remain in full force and effect. 10. This Agreement may be executed in identical counterparts. IN WITNESS WHEREOF, the parties have set their hands the date and year first above written. GRANTORS GRANTEE —CITY OF TUKWILA By: Charles Fouty By: Elaine Fouty �m Hagge ayor APPROVED AS TO FORM: By: r, Cit Attorney PJ