Loading...
HomeMy WebLinkAbout5.1009 Original Contractyam RETURN ADDRESS Zenovic & Associates. Inc. 301 East 6 Street. Suite 1 Port Angeles. WA 98362 Document Title(s) Agreement for Maintenance, Repair, and Operation of Storm Drainage Facilities for the Downtown Ambulatory Health Center Reference Number(s) of related documents Grantor(s) (Last, First and Middle Initial) Downtown Ambulatory Health Center LLC Grantee(s) (Last, First and Middle Initial) City of Port Angeles 2010-1249269 Page 1 of 4 Rgreement Zencvic & Associates Clallam County Washington 03/0812010 03.15:28 Pfd ■ill h'i" 1+LN'i4I'lrillV`A , Eli 11111 min 2010 -' CITY OF PORT ANGELES Dept. of Community Development Legal Description (abbreviated form: i.e. lot, block, plat or section, township, range, quarter /quarter) Blocks 13 and 14. Townsite of Port Angeles Assessor's Property Tax Parcel /Account Number 06- 30-40- 041420 The Auditor /Recorder will rely on the information provided on this form. The staff wilt not read the document to verity the accuracy or completeness of the indexing information provided herein. When recorded, return to: Downtown. Ambulatory Health Center LLC, 240 West Front Street, Port Angeles, WA 98362 Director, Public Works and Utilities Department, City of Port Angeles, P.G. Box 1150, Port Angeles, Washington, 98362. AGREEMENT FOR MAINTENANCE, REPAIR AND OPERATION OF STORM DRAINAGE FACILITIES FOR THE DOWNTOWN AMBULATORY HEALTH CENTER THIS AGREEMENT made and entered into this g day of , 2010 by and between Downtown Ambulatory Health Center, L.L.C., whose address is 240 West Front Street, Port Angeles, WA 98362, hereinafter referred to as Owner and the City of Port Angeles, a Washington municipal corporation whose address is P.O. Box 1150, Port Angeles, Washington, 98362, hereinafter referred to as the City. WHEREAS, the Owner warrants and represents that it is the sole and exclusive owner of the subject premises as described in paragraph 1 below with full and exclusive authority to execute this Agreement and that all necessary steps precedent to its execution have been undertaken, making the obligation binding upon Owner; and WHEREAS, the Owner has constructed storm drainage facilities for the Downtown Ambulatory ' Health Center; and WHEREAS, the Owner is required pursuant to Chapter 5.11 of the City of Port Angeles Urban Services Standards and Guidelines (Maintenance of Private Stormwater Systems, September 2009) to operate and maintain all storm drainage facilities at the Downtown Ambulatory Health Center site; and. WHEREAS, the City and Owners are mutually desirous of providing assurances for the future continued maintenance, repair and operation of storm drainage facilities for the Downtown. Ambulatory Health Center site. NOW, THEREFORE, in consideration of the agreements herein provided and other good and valuable consideration, the parties agree as follows: 1. Owner warrants and represents that it has sole and exclusive authority and sole and exclusive right, title and interest in the subject property situated in the City of Port Angeles, Claiiam. County, Washington, legally described as: Parcel A of the Record of Survey — BLA 08 -01 as filed in Volume 67 of Surveys, at Page 88, Records of Clallam County, Washington, being a portion of Block 14 and the vacated Cherry Street between Blocks 13 and 14, Townsite of Port Angeles, T 30 N, R 6 W, W.M. 2, The Owner, for itself and its successors and assigns, covenants and agrees to maintain, repair and replace in good and serviceable condition any and all storm drainage infrastructure within and for Downtown Ambulatory Health Center. Such maintenance activities shall be performed as described in the Stornzwater Facility Operation and Maintenance Manual for the ,Downtown Ambulatory Health Center; and that in the event it is contacted by the City of Port Angeles Public Works and Utilities Department, it will perform any and all reasonable and necessary maintenance, repair or replacement as indicated by the Public Works and Utilities Department. Owner shall perform all such work in a timely fashion, completed to the satisfaction . of the City. 3. The City shall not and it does not serve as a guarantor of the performance of the Owner, nor does the City make any representations or warranties with regard to the design or capability of storm drainage facilities. The City may, but is not required, in its sole discretion to elect to repair, replace or maintain storm drainage facilities if in the sole opinion of the City the Owner has failed to do so within the time frame set forth in the Maintenance Timeline established in the Stormwater Facility Operation and Maintenance Manual . All such charges associated with such work, including administrative costs and professional fees shall be charged to the Owner and payable by the Owner forthwith. 4. Owner agrees to water, mulch, and otherwise maintain as necessary the two trees located within the Front Street right -of -way adjacent to the Owner's property. If the trees die, the Owner shall replace them with trees of the same or similar species as listed on the City's approved list and as approved by the City. 5. This Agreement shall be binding upon the heirs, successors and assigns of the Owner. 6. This Agreement may only be modified in writing by a document executed by the Owner and City. IN WITNESS HEREOF, Owner sets his/her /their hand(s) and seal(s) this 2 day of 2010. . CITY OF POR ANGELES: City Authorized R Ap esentative Signature S - 1 - 0 0 6.11 eYf' Printed Name Its: C If u -614 t kft( Title of -City Authorized Representative STATE OF WASHINGTON COUNTY OF CLALLAM ) ) ss ) On this .-qa day of Gk_ ,.L.R j L-1 My Commission Expires: 2010, before me personally appeared R OA. n who executed the foregoing AGREEMENT F R MAINTENANCE, REPAIR AND OPEIILTION OF STORM DRAINAGE FACILITIES FOR THE DOWNTOWN AMBULATORY HEALTH CENTER b er /there signed. otaiy Public, 0 c:di County, Washington. IN WITNESS HEREOF, Owner sets his/her /their hand(s) and seal(s) this $ day of Qot OWNE . Owner Signature Printed Name Its: Pck v.s.,v Title of Grantor STATE OF WASHINGTON COUNTY OF CLALLAM ) ) ss ) On this g day ofv G 2010, before me personally appeared , fl .� �, ,1►^, e rn . _ My Commission. Expires: - I Notary Public, C_\ 0A.o . County, Washington. CARLENE MANE RINGIUS STATE OF WASHINGTON NOTARY PUBLIC MY COMMISSION EXPIRES 03 -10 -11 who executed the , 2010. . foregoing AGREEMENT FOR MAINTENANCE, REPAIR AND OPERATION OF STORM DRAINAGE FACILITIES FOR THE DOWNTOWN AMBULATORY HEALTH CENTER by himTher /them signed. STORM -WATER FACILITY OPERATION AND MAINTENANCE MANUAL FOR THE DOWNTOWN AMBULATORY HEALTH CENTER Port Angeles, WA Prepared by Zenovic & Associates, Inc. 301 East 6 Street, Suite 1 Port Angeles, WA 98362 PH: (360) 417 — 0501 FX :(360)41.7 -0514 Job # 08267 February 2010 Downtown Ambulatory Health Center, Storrnwater Maintenance Manual, Page 1 of 8 5: iocii PURPOSE The purpose of this manual is to provide a stormwater facility operations and maintenance protocols for the stormwater facilities at the Downtown Ambulatory Health. Center in Port Angeles, WA. This manual provides background information for the development, identifies all private stormwater facilities to be maintained, names the person legally responsible for maintenance, grants City of Port Angeles personnel access for annual inspections, details requirements for maintaining records and provides a maintenance checklist and log. BACKGROUND The site is a 0.7 acre lot that had an existing building, concrete sidewalks and asphalt parking. The project consisted of remodeling the existing building, demolition of existing concrete and . asphalt, construction of new sidewalks and asphalt parking. The project site is located at the corner of West Front St. and Cherry St., Port Angeles, WA, parcel number 06- 3O -00- 004120. STORMWATER FACILITIES List of facilities to be privately maintained: • (4) 6" diameter stormwater cleanouts • (1 ) trench drain • (1) 12" diameter area drain • (1) 12" diameter area drain outlet structure • (2) rain gardens • (2) pipe outlets • (1) catch basin MAINTENANCE PERSONNEL Downtown Ambulatory Health Center, L.L.C. shall be the entity legally responsible for the continual operation, maintenance, and repair of the permitted stormwater facility for the life of the development, or until the City of Port. Angeles has been notified in writing of a transfer of responsibility. CITY INSPECTIONS The City of Port Angeles shall be allowed access to the site for an annual inspection of all permitted stormwater facilities. RETENTION OF RECORDS The person legally responsible for the site shall maintain all records of maintenance inspections, repairs, warning letters, and notices of These records shall be made available for viewing to the City of Port Angeles within 7 days of request. Downtown Ambulatory Health Center, Stormwater Maintenance Manual, Page 2 of 8 MAINTENANCE Proper maintenance is vital for adequate functioning of the stormwater facilities. The stormwater facilities will have annual inspections. See Table on pages 4, 5 and 6 for an inspection checklist. Make photocopies of the checklist as necessary keeping the attached sheets as a clean original copy. MAINTENANCE AND REPAIR LOG Record any required maintenance or repair on the log sheet on page 7. Make photocopies of the log sheet as necessary keeping the attached sheet as a clean original copy. MAINTENANCE TIMELINE This covenant requires that when defects to the storrrzwater system are found during the annual inspection the needed repair shall be completed within the timeline defined below: • Within 6 months for catch basins, area drains, trench drains, cleanouts and pipe outlets. • Within I year for typical maintenance for flow control structure and rain garden. • Within 2 years for maintenance that requires capital construction of less than $25,000. Downtown. Ambulatory Health Center, Stormwater Maintenance Manua], Page 3 of 8 Drainage Feature Parking Lot Catch. Basin Area. Drain Control. Structure ANNUAL MAINTENANCE INSPECTION CHECKLIST X Maintenance/Inspection To Be Performed Inspect pavement surface of accumulated sediment and debris. - Pavement sweeper to sweep parking lot clear of accumulated sediment and debris. Remove lid and inspect sumps. - Remove excess silt, debris and vegetation. -Look for any evidence of oil, gasoline, contaminates or pollutants. Coordinate removal/cleanup with local water quality response agency. Inspect basin for any defects. -Repair any defects that could allow water in or out of basin in any way other than as designed. Repair any cracks or holes. Significant damage may require basin to be replaced. Inspect frame and grate. -Frame should be sitting flush on the riser rings or top slab and firmly attached. -Check Iid to make sure that it can be removed by one maintenance person by applying nornial lifting pressure. Cleanout frame of sediment and debris. Inspect ladder. All rungs should be present and attached firmly to catch basin wall. Replace any rungs that are missing or appear unsafe. Check inlet and outlet pipes. -Pipes should be securely grouted to catch basin wall without cracks or holes. Regrout pipes to catch basin wall to eliminate all cracks and holes. Remove lid and inspect sumps. - Remove excess silt, debris and vegetation. -Look for any evidence of oil, gasoline, contaminates or pollutants. Coordinate removal/cleanup with local water quality response agency. Inspect area dram for any defects. - Repair any defects that could allow water in or out of basin in any way other than as designed. Repair any cracks or holes with grout. Significant damage may require area drain to be replaced. • Inspect frame and grate. Frame should be sitting flush and firmly attached. -Check lid to make sure that it can be removed by one maintenance person by applying normal lifting pressure. Cleanout frame of sediment and debris. Cheek inlet and outlet pipes. -Pipes should be securely connected to basin. If, by visual inspection, it can . be seen that the pipes aren't connected properly than the pipes will need to be reconnected to the bell fittings and sealed with grout or joint sealant. Remove lid and inspect sumps. - Remove excess silt, debris and vegetation. -Look for any evidence of oil, gasoline, contaminates or pollutants. Coordinate removal /cleanup with local water quality response agency. Inspect orifice holes. Downtown Ambulatory Health Center, Storxnwater Maintenance Manual, Page 4 of 8 Remove any sediment, vegetation, or debris that is or could soon block flow through orifice holes. Inspect area drain for any defects. - Repair any defects that could allow water in or out of basin in any way other than as designed. Repair any cracks or holes. Significant damage may require control structure to be replaced. Control Inspect frame and grate. Structure -Frame should be sitting flush and firmly attached. (continued) -Check lid to make sure that it can be removed by one maintenance person by applying normal lifting pressure. Cleanout frame of sediment and debris. Check inlet and outlet pipes. -Pipes should be securely Connected to basin. If, by visual inspection, it can be seen that the pipes aren't connected properly than the pipes will need to be reconnected,to the bell fittings and sealed with grout or joint sealant. Remove lid and inspect cleanout. - Remove excess silt, debris and vegetation. Inspect cleanout for any defects. Cleanouts - Repair any cracks or holes. Inspect frame and lid. -Lid should be sitting flush with finished grade and firmly attached. - Check lid to make sure that it can be removed by one maintenance person by applying normal lifting pressure. Cleanout frame of sediment and debris. Pipe outlet blockage. - Remove any debris that could, block flow. Erosion. - Inspect area around end of pipe to see if erosion of 2 inches deep or greater Pipe Outlet exists at pipe outlet. If so, install 5 square foot by 1 foot deep rock pad at outlet to dissipate the waters energy. If energy dissipater is required, this document must be amended to include provisions for maintenance. Structural pipe damage. - Examine exposed pipe for any structural damage that could impede flow. Replace section of pipe that has been damaged. Remove lid and inspect drain, - Remove excess silt, debris and vegetation. -Look for any evidence of oil, gasoline, contaminates or pollutants. Coordinate removal/cleanup with local water quality response agency. Inspect trench drain for any defects. - Repair any defects that could allow water in or out of drain in any way other Trench Drain than as designed. Repair any cracks or holes. Significant damage may require trench drain to be replaced, Inspect frame and grate. - Cleanout grate of all sediment, vegetation and debris. -Frame should be sitting flush with pavement and firmly attached. -Check grate to make sure that it can be removed by one maintenance person by applying normal lifting pressure, Downtown Ambulatory Health Center, Stormwater Maintenance Manual, Page 5 of 8 Check outlet pipe. -Pipes should be securely connected to trench drain. Secure connection between drain and outlet pipe with grout or joint sealant if there are any damages to the connection. - Remove any sediment, vegetation or debris that is or could soon block flow through the outlet pipe. Look for trash and debris. -Remove any trash and debris from rain garden. Examine vegetation for poisonous vegetation and noxious weeds. - Completely eradicate all noxious weeds and poisonous vegetation as defined by State or local regulations. Coordination with local health department and . may be required. Infiltration. Look for any evidence of oil, gasoline, contaminates or pollutants. Facility / - Coordinate removal /cleanup with local water quality response agency. Check for excess ponding in ram garden storage area after small storms. Rain. Garden - Carefully remove excess sediment without compacting rain garden soil. Removal of vegetation and tilling of soil will be required if rain garden continues to have excess ponding. Erosion of side slopes - Inspect side slopes ofrsin garden to see if there is any erosion damage over 2 inches deep. If erosion damage is present review with landscaper for installation of plantings and mulch. General Document observations of the presence of floating materials, suspended solids, oil and grease, discoloration, turbidity and odor in storrnwater discharges. General Update Stormwater Maintenance Manual to reflect current conditions. Inspect the entire site to determine whether there is!are any unpermitted General non - stormwater discharge to storm drains or receiving waters. Report non - permitted discharges to the City Stormwater Hotline at (360) 41.7 — 4830. -See page 8 for layout of stormwater facilities to be maintained. INSPECTION CERTIFICATION "I certify that this report is true, accurate, and complete, to the best of my knowledge and belief," Inspection completed on Title 1 Qualification of Inspector: by, (print + signature) Downtown Ambulatory Health Center, Stormwater Maintenance Manual, Page 6 of 8 Date Item/Facility Description MAINTENANCE LOG Performed Comments by MAINTENANCE CERTIFICATION "T certify that this maintenance log is true, accurate, and complete, to the best of my knowledge and belief." Inspection completed on: by: (print + signature) Title / Qualification of Inspector: Downtown Ambulatory Health Center, Stormwater Maintenance Manual, Page 7 of 8 SCALE: 1" 3L7' DA TE: 3/7/1 JOB NO: 08257 FILE: SW. MAIN T. T! TLE: y t } AREA DRAIN ALLEY Scae: 0 30' CLIENT: DOWNTOWN AMBULATORY HEAL T1-1 CENTER .303 WEST 877-1 S TREE T PORT ANGELES, WA 98362 CLEAN OUT ^ CLEANCl) ` - AREA DRAIN OUTLET STRUCTURE .;' RAIN GARDEN • • --- CLEANOUT 1" = 30' 60' STORMWATER MAINTENANCE PLAN ENOYIC & 4 ASSOCIATES INCORPORATED 90' -I 1I ) MEDICAL OFFICE BUILDING FOR FAMILY MEDICINE OF PORT ANGELES 240 WEST FRONT STREET, PORT ANGELES, WA 98362 FRONT ST. CLEAN DLIT _ - 301 EAST 5TH STREET, STE. I POR ANGELES, WA 98362 PHONE: (360) 417 -05O1 EA%: (my) 417 -OSI4 EMAIL: ZENOYICAIEH0VIC.HE SHEET of 8 2 8 [ILE Sum, Company P.O. Elm 3967 Venda. 1L. 11[1612-3967 Ph= 109 -692-101)0 feat 304924631 KNOW ALL MEN `BY THESE ' PRESENTS: That Ambulatory Health Center LLC, 240 W. Front Street Port. Angeles WA 98362 F?'rrtCiipal, hereinafter called Principal, and RU Insurance Company, a corporation of the State of Illinois, with i'ts home office in the City of Peoria, Illinois, U.S_A, as !surety, hereinafter called Surety, are held and firmly hound City of Port Angeles P.O. Box 1150 Port Angeles WA. 98362 trnLD tolled Obligee, In the aralotrnt of -- ----- 1.6,845.00 - -- ] 5' y, for the payment whereof Principal and Surett}r bind t ern. elves,. their heirs, executors, administrators, successors and assigns jointly and severally. firmly .by these presents. INKEREAS, the Principal has entered into an agreement with the Obligee for Completion of the landscaping per the 10/12/09 Landscape Plan and 12102/09 Estimate. Pave a 10' X 10' asphalt patch in the East PADA Parking lot. Pave and place asphalt as necessary ridge al the NW comer of Cherry Street and the alley to eliminate ponding of water and provide positive runoff flow to the adjacent catch basin. Each of the above mentioned performances shall be implemented per the attached estimates. All work shall be completed within 120 days of the date the bond is executed. NOW THEREFORE - the, condition of this, obligation is such that, If the Principal shall construct said Improvements according to the approved plans, then, this obligation shall' be null and Void', of terwi$e to remain irt: full force and effect No right of action shall accrue on this bond to or for the use of any person or corporation rather than 'the Obligee named herein or their heirs, executors, administrators or succas `rs of the Obligee. 1st Signed and seated) this' IMPROVEMENT BOND — Sixteen Thousand Eight Hundred Forty Five and 00/100 dollars- ------ Clay of March / X201 ichael S. Maxwe11, MD. ftLl INSU i lham r Cellar ty co P RECEHE.1 MAR -3 2010 CITY OF PORT ANGELES Dept. of Community Development Bond' Ho. RS84134902 as Obligee, hereinafter AJT'Ql'EY -IN -FAO Principal ® RLI Surety 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 000)645-2402 1 Fax: (309)683 -1610 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes, but may be detached by thc approving officer if desired. That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint: William M. Gcllor, Michelle R. Ashby, Dahanna Dau, Ineta Forbush,, f-lolli Fisher of Port Angeles, Washington its true and Iawtitl Agent(s) and Attorney(s) in Fact, with lull power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all Surety Bonds, providing, however, that the penal sum of anyone such bond executed hereunder shall not exceed Five Hundred Thousand Dollars (S500,000.00). The acknowledgement and execution of such bond by the said Attorney(s) in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of October 21rd 201 , but until such time shall be irrevocable and in full force and cfTect. The RLI Insurance Company further certifies that the following is a true and exact copy of thc Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of thc Company by thc President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors rnay authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint. Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may he printed by facsimile." The penal amount of the bond herein described may be increased it there is attached to this Power, written authority so authorizing in the form of an cndorsctnent of letter signed by the President, Vice President, Assistant Vice President, Treasurer, Secretary or Assistant Secretary of the RLI Insurance Company specifically authorizing said increase. IN WITNESS WHEREOF, the RI:I Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 23rd day of October 2007 . State of Illinois County of Peoria SS On this 23rd day of October 2007 , before me, a Notary Public, personally appeared Roy C. Die • who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and acknowledged said instrument to be the voluntary act and decd of said corporation. Cherie L. Montgomery l 'a n,nn1irrn„_ G QR PCRq r� = ^ By: Roy C Die i ` Vice President . SEAL . F{E "Orr1CIAL SEAL" CI IE 1 0 c Fly zzlt Notary Public By: Roy C. Die .POWER OF ATTORNEY (Irrevocable) BOND NO. RSB4134902 RLI Insurance Company RLI Insurance Company 1, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, 1 have hereunto set my hand and thc seal of the RLI Insurance Company this * 116,4 day of F. L. r Sr , 2C1 1 D. , CERTIFICATE Vice President •1 MPORTANf; This date m t be filled in before it is attached to the bond and it must be the sa c date as ond. 4638002020208 A0061105 02/24/2010 WED 1 3 : 3 4 FAX 3604528087 Pamily Medicine of P A Osterberg Landscaping, Inc. 1521 South O Street Port Angeles, Washington 98363 Name 1 Address Port Angeles Downtown Health Center Plants Mulch per yard Sail per yard Mise Supplies- • Labor Charge Description 1 Qty 15 30 Estimate Date I ' im o # 12/3,20. l . Cost Subtotal Sales Tax (8.4 %) Total 3,635.00 24.00 22.50 200.00 3,275.00 . =citY Or PORT ANGELE ` Dept. orDOriimuri €tyDevelopment Project X 002/003 Total 3,635.00 360.00 675.00 200.00 3,275.00 $8,145.00 $684.18 $8,829.18 2-1 l ,ent'4 • - a 8 0 8 tri • Gellor From: Nathan West [Nwest @cityofpa.us] Sent: Friday, February 26, 2010 5:27 PM To: Bill Gellor Subject: RE: Bond Review Importance: High ** High Priority Bill, I ran by both individuals again and the bond is acceptable. The email that is attached is not the email we need. The email we were referring to is your 2/24/2010 5:32PM email to me 3rd paragraph. See below. If it saves you time use this email since I have provided the paragraph below. Thanks Nathan We have a written bid for the landscaping; $ 10,320.68, but only have a verbal bid of $910.00 for the paving. I added the two bids together and multiplied that by a factor of 1.50 (per the city's requirement) and came up with the bond figure of $ 16,844.68 which I rounded to $ 16,845.00. Also, I believe the two trees required by the bond have already been planted. I will await your response, Bill »> "Bill Gellor" <billg @gellorinsurance.com> 2/26/2010 4:46 PM »> Nathan, Here is what the revised bond will look like. I have also attached copies of the landscape bid and my email referencing the paving estimate. I will attach the email and estimate to the bond when I execute the bond. Please have the powers that be review and let me know if I can execute. I won't be able to put this in force until I can get Dr. Maxwell's signature. I remain committed to wrapping this up as soon as humanly possible. Thanks, Bill 1