HomeMy WebLinkAboutBESIGHEIM LT 2t
Municipality of Anchorage Page / of ''~
DEPARTMENT OF HEALTH AND HUMAN SERVICES
ENVIRONMENTAL SERVICES DIVISION
P.O. Box 196650 · Anchorage, Alaska 99519-6650 · Telephone: 343-4744
On-Site Wastewater Disposal System and/or Well Inspection Report
Permit Number: ~J C~'OZ.~ 0 PiD ;,lumber:
Name: ~1~O~ ~~ ~d~S ~C. Wastewater System: ~ New ~ Upgrade
Phone: NO. of Bedrooms:
~ ~ Deep Trench ~ Shallow Trench ~ Bed ~ Mound ~ Other
GPD/Sq.
Lot: Bloc~: Subdivision: Depth lo pipe bottom from original gra~e: Gr~vel dept~ beneat~ pipe
Ft.
Township: IRange: I Secuon: Fill added above original grade: Gravel length:
Ft. Ft.
Gravel width: Number of lines: l Distance belden lines:
WELL:
New
Upgrade
Ft.~ Ft.
~lassificat~on (Private. A.B.C): Total Deotn: Cased To: Total absorption area: Pi~e material:
Driller: Dete Drilled: Static Water Level: Installer: Date installed:
Ft. ,
Yield: GPM IPum~ Set at: Ft. ICas'ns Height Ab°veGr°un¢:F,. TANK
SEPARATION DISTANCES ~ Septic ~Holding ~ S.T.E.P.
To Se~lic AbsOrDtion Lift Holding ~uDlic/P~ivate Manufacturer: ~ Capacity in gallons:
From Tan, Field Station Tank Sewer Line,~ ~ ~
~ / Material: Number of Co~a~ments:
Surface ~¢ ~OUg LIFT STATION
Water
LineL°t ~/~[ ~]~1 gize in gallons: Manufacturer:
I ~ "Pump on" ledel a~: "P~p off" level at: I High water alarm at:
Foundation
Cu~ainDrain ~0~ ~0~ Pum~Make&Moae, ~ Electrical lnspections performed by:
Remarks: ~ p~ [~ /~~ BENCH MARK
Location and Description: ~A~
Assumed Elevation: O
Inspections pedormed by: ~ ¢~ Dates: let /. S/?~, :,,~~¢<~
Department of Hca'th and ~ ~ces approval
Reviewed
and
72-013 {Rev. 9/911 MOA 25
Municipality of Anchorage ~'.ge 7~
DEPARTMENT OF HEALTH AND HUMAN SERVICES
ENVIRONMENTAL SERVICES DIVISION
P.O. Box 196650 · Anchorage, Alaska 99519-6650 · Telephone: 343-4744
On-Site Wastewater Disposal System and/or Well Inspection Report
Permit Number: ~'v,J c1~'07.>¢0 PID Number: O~¢~°lCJUr'
__of $
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Municipality of Anchorage Page ~
DEPARTMENT OF HEALTH AND HUMAN SERVICES
ENVIRONMENTAL SERVICES DIVISION
P.O. Box 196650 · Anchorage, Alaska 99519-6650 · Telephone: 343-4744
On-Site Wastewater Disposal System and/or Well Inspection Report
Permit Number: ~L~ C) ~' O~_~2 PID Number: O]Z..~ OJ°i5L
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MUNICIPALITY OF ANCHORAGE
DEPARTMENT OF HEALTH AND HUMAN SERVICES
P.O. BOX 196650, 825 "L" STREET, ROOM 502
ANCHORAGE, ALASKA 99519-6650
ON-SITE WASTEWATER DISPOSAL SYSTEM (UPGRADE) PERMIT
PAGE 1 OF 1
PERMIT NUMBER:SW950240
DESIGN ENGINEER:ANDERSON ENGINEERING
OWNER NAME:DIMOND GREENHOUSES INC
OWNER ADDRESS:1050 W. DIMOND BLVD.
ANCHORAGE, ALASKA 99515-1504
DATE ISSUED: 8/25/95
EXPIRATION DATE: 8/25/96
PARCEL ID:01230194
LEGAL DESCRIPTION:
BESIGHEIM LT 2
LOT SIZE: 113421 (SQ. FT.)
NUMBER OF BEDROOMS: 2 THIS PERMIT:
2
THIS PERMIT IS FOR THE CONSTRUCTION OF:
HOLDING TANK SYSTEM
ALL CONSTRUCTION MUST BE IN ACCORDANCE WITH:
1. THE ATTACHED APPROVED DESIGN.
2. ALL REQUIREMENTS SPECIFIED IN ANCHORAGE MUNICIPAL CODE CHAPTERS
15.55 AND 15.65 AND THE STATE OF ALASKA WASTEWATER DISPOSAL
REGULATIONS (18AAC72) AND DRINKING WATER REGULATIONS (iSAACS0) .
3. THE ENGINEER MUST NOTIFY DHHS AT LEAST 2 HOURS
PRIOR TO EACH INSPECTION. PROVIDE NOTIFICATION BY
CALLING 343-4744 ( 24 HOURS ) (NOT REQUIRED FOR WELL ONLY PERMIT)
4. FROM OCTOBER 15 TO APRIL 15 A SUBSURFACE SOIL
ABSORPTION SYSTEM UNDER CONSTRUCTION DURING FREEZING
WEATHER MUST BE EITHER:
A. OPENED AND CLOSED ON THE SAME DAY
B. COVERED, SEALED AND HEATED TO PREVENT FREEZING
5. THE FOLLOWING SPECIAL PROVISIONS.
SPECIAL PROVISIONS:
THE HOLDING TANK INSTALLED UNDER THIS PERMIT MAY
BE UTILIZED FOR A PERIOD NOT TO EXCEED ONE YEAR.
THE USE OF THIS HOLDING TANK MUST BE TERMINATED
WITHIN 60 DAYS OF THE DATE PUBLIC SEWER IS
AVAILABLE.
ISSUED BY: ~~
DATE:
DATE:
ANDERSON ENGINEERING
P.O. BOX 240773
ANCHORAGE, ALASKA 99524
August 21, 1995
Municipality of Anchorage
Department of Heath & Human Services
825 "L" Street
Anchorage, AK 99502-0650
Subject:
Lots 2, Besigheim Subdivision
Holding Tank Design
Impacts to Adjacent Properties
Dear On Site Services Engineer:
The owner of Lot 2, Besigheim Subdivision is currently served by Municipal sewer
through the Dimond Estates Trailer Park. This service, however, is being terminated
in the near future leaving him no option but to extend the sewer lateral in Dimond
Boulevard to a point where he can establish a new service connection. A lateral
extension agreement has been executed with AWWU and the work will be completed
within one year. Until that time we are requesting a permit to install a 2,000 gallon
holding tank to serve the two bedroom home.
The attached site plan indicates the location of the new tank and details the
necessary separation distance from the well currently serving the house. If the
system is installed as designed the following statements may be made:
The system, if constructed as designed, will have no adverse impact on the
wells in the area or those to be constructed in the future.
The system, if constructed as designed, will have no adverse impact on existing
septic systems in the area or those to be constructed in the future.
The system, if constructed as designed, will have no adverse impact on
reserved space, either surface or subsurface, on any lots located in the area.
The system, if constructed as designed, will have no adverse impact on
drainage patterns in the area. The current drainage pattern will be maintained.
Sincerely,
Michael E. Anderson, P.E.
Attachments
LOT 2,
SITE PLAN
BESIGHEIM SUBDIVISION
SCALE 1" - 50'
JOB,
SHEET NO.,
CALCULATED BY.
CHECKED BY
SCALE
OF
DATE
DATE
DIMOND ESTATES TRAILER PARK
k, Jo ~ ~-~.u..~ v.,' ~-~ ~,',~ Ioo~ o~
SCOPE OF WORK
Intercept existing sewer service line near the
foundation cleanout and provide a new line to the
holding tank location shown on the attached site plan.
Install 2,000 gallon holding tank at the location
shown on the site plan. Depth of bury must provide a
minimum of 4' of cover to prevent freezing. In lieu of
4' of cover 2" of direct burial insulation may be
provided for each 1' of cover deducted.
If groundater is encountered the tank must be secured
against flotation under high water table conditions·
The tank must have a 6" diameter standpipe with an
airtight cap to provide pumping access. The standpipe
must extend at least 12" above the surface of the
ground.
The tank must have a watertight manhole to provide
access to the interior of the tank· The manhole must
be 20" in diameter·
The tank must be equipped with an approved high
water level alarm which registers both visually and
audibly inside the dwelling. The alarm must be
positioned to allow at least 150 gallons per bedroom
of additional storage, but not less than 300 gallons
after the alarm has been activated.
The holding tank must conform to the corrosion
prevention standards for septic tanks under the
Uniform Plumbing Code.
e 0282 . 639
Sanita_ry se~er md~msion m~eement
Plat # 89-23 Zoninq II
AWW~J FLle # S-95-030
THE MUNICIPALITY OF ANCHORAGE (hereinafter the Municipality), a municipal
corporation, and' Dimond 6k~, Inc. (hereinafter the Developer) enter
into the following Agreement this ~y of ~ ~?'~, 1995.
Wayne Leiser execute(s) this ~reenent on behal~f of the Developer. It is
understood ~t the Developer is a(n) corporation and that the per~on(s) who
executes this Agreement on behalf of the Developer does so in the capacity of
President. Wayne ieiser warrant(s) that (s)he has the authority to execute
this Agreement on behalf of the Owner and Developer of the property which is
the subject of this Agreement. The parties to this Agreement shall accept
notices at the following addresses and telephone numbers:
ML~ICIPALITY
Dimond Greenhouses, Inc.
1050 W. Dimond Blvd.
Anchorage, AK 99515
Wayne Leiser (907)349-2552
Municipality of Anchorage
Water & WastewaterUtility
3000Arctic Boulevard
Anchorage, AK 99503-3898
564-2747 Gudrun Arend
The real property which is the subject of this Agreement (hereinafter the
Property) is located within the Anchorage Recording District and the Anchorage
Sewer Utility Service Area as certificated by the Alaska Public Utilities
Ccmuission, and is described as:
Besigheim Subdivision, Iht 2; located within the N~l/4, Sml/4
Section 12, T12N, R4W, S.M., Alaska (Grid #2329)
(NOTE: If this legal description is taken from the preliminary plat for the
subdivision, it is subject to change after filing of the final plat. See
attached map for approximate location of Property).
The Developer shall provide a ccmplete sanitary sewer collection system to
serve the Property in conformance with the Sewer MasterPlanadoptedby the
Municipality. The sanitary sewer system shall include all sewer facilities
necessary to provide sewer collection service to each lot and/or parcel.
--1--'
AWWU 3/31/95 [wwwpe.wp.privatedev]348
BI O282qP0639
Plat # 89-23 Zoninq # R-2M
AWWU File # S-95-030
Be
Ce
The Developer shall design, construct, and install sanitary sewer mains
frcm the Property to the Municipality's existing sanit~ary sewer system.
The Developer shall pay the entire cost of constructing the sanitary sewer
system to serve the Property. If the Municipality requires the Developer
to oversize the sanitary sewer mains, the Municipality shall reimburse the
Developer the difference between the cost of pipe actually required to
serve the Property and that which was installed. The total cost of
constructing sanitary sewer facilities under this Agre6~ent is estimated to
be as indicated in Section 2 below. This estimate shall be used to ccmpute
the project cost deposit as required by Paragraph 2.03 of Article II of
this Agreement.
In the event the proposed sanitary sewer main to be constructed\under the
terms of this Agreement serves other parcels of land which are not owned by
the Developer, then no construction may cc~nence until one of the following
acts has been conpleted: [AS 42.05.385 (a) through (e)]
The Developer sukmits a signed, notarized statement to AWWU waiving all
claims for future reimburs~nent for providing sanitary sewer service to
such other parcels of land.
e
The owner of record of each such other parcel of land served, signs a
notarized stat6ment acknowledging his liability to pay AWWU an
assessment if his parcel connects to the proposed sanitary sewer rain
within three (3) years frou the date AWWU accepts the sewer main, and
indicating his non-objection to the construction of the' proposed
sanitmry sewer main.
The Anchorage Municipal Assembly approves the construction of the
proposed sanitary sewer main by authorizing the Municipal Clerk to
execute this Agreement.
Section 2 Estimated Project Costs.
A. Developer' s Estimated Cost:
The Estimated Costs itemized below are predicated on the estimates provided by
the Developer or his agents.
Estimated construction cost of approximately 200 lineal
feet of 8-inch sewer main and facilities:
$ 20,000.00
Estimated consultant engineering fees and other related
costs (i.e. design, soils, survey, project administra-
tion, inspection, etc.):
$ 2,000.00
Estimated Municipal project administration and inspec-
tion costs (refer to Article 2.03 of this agreement):
$ 1,000.00
TOTAL ESTIMATED DEVELOPER'S COST:
$ 23,000.00
B. Municipality's Estimated Share of Oversizinq Cost:
Estimated cost of sanitary sewer main oversizing for
approximately 0 lineal feet of __ - inch sewer main:
(Approximately ""$__ per lineal foot difference in
cost of pipe and accessories.) Municipal Assembly
approval is required if actual costs exceed $30,000:
$ 0.00
C. ~ ESTIMAteD P~ OOST:
$ 23,000.00
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AWWU 3/31/95. [wwwpe.wp.privatedev]348
Besigbe-{m Subdivision
Sanitary Sew~z ~ion n~re~nt
Plat # 89-23
AWWU File #
S-95-030
Sectim 3 Iate~al and/or Trunk Isvy U~ Connect/m (DOC) Char~.
The Developer agrees to pay the Municipality a per sc~jere foot levy upon
connection charge in lieu of lateral and/or trunk improvement district assess-
ments for the Developer's benefit of currently existing sanitary sewer mains
adjacent to or within the Property.
ae
The Developer shall pay, where applicable, a trunk levy upon connection
charge of $0.030 per scsi_are foot of assessable property as its share of the
cost of constructing the downstream sanitary trunk sewer which serves the
Property. The Developer shall also pay, where applicable, a lateral levy
upon connection charge of $0.00 per square foot of assessable property as
its share of the cost of constructing the currently existing lateral
sanitary sewer main adjacent to or within the Property. Said LUC charges
shall beccme due and payable no later than ninety (90) days after the
latter of (i) the date on which the sanitm_ry sewer main constructed under
the terms of this Agreement passes a final inspection by the Utility and is
available for custcmer service, or (ii) the date of the Amendment to this
Agre~nent which first sets forth the lateral and/or trunk assessments.
Sewer lateral and/or trunk ~ charges not paid in full by the date due
shall bear interest frcm the date the first installment is due at an annual
interest rate equal to the effective annual interest rate of the last bonds
sold by the Anchorage Wastewater Utility and, in addition, shall pay a
collection charge as outlined in section 3(H) herein. Sewer LUC charges
shall be paid in installments as follows:
AMOUNT OF ASSESSMENT
INSTAr JMENT SCHEDULE
Less than $500.00
$500.00 or morebut less than $1,000.00
$1,000.00 or morebut less than $2,500.00
$2,500.00 or morebut less than $5,000.00
$5,000.00 or morebut less than $7,500.00
More than $7,500.00
One lump sum payment
Tw~ equal annual installments
Five equal annual installments
Ten equal annual installments
Fifteen equal annual installments
Twenty equal annual installments
In the event final construction costs of currently existing sanitary sewer
mains adjacent to or within the property are not known at the time this
Agreement is signed, the Developer hereby acknowledges his liability for
paying a levy upon connection charge, estimated to be approximately SN/A
per sca,are foot of assessable property, in lieu of improv~nent district
assessments for its pro rata share of the cost of constructing said
currently existing sanitary sewer mains. When the final cost of the N/A
sanitary sewer mains adjacent to or within the Property are known, the
Municipality shall charge each lot adjacent to said sanitary sewer main its
pro rata share of the approved construction costs of said N/A sanitary
sewer main improvenents. These charges shall be levied by Amendment to
this Agreement and shall be paid in accordance with the schedule set forth
in Section 3.A above.
C. The individual lots which shall accrue a levy upon connection charge are as
follows:
~ESIG~IM SUHDMSION (PLAT #89-23)
2 012-301-94 113,421 $0.00 $0.030 $0.00 $3,402.63
Levy upon connection charges for the above lots were/will be calculated in
accordance with the Anchorage Wastewater Utility Tariff and the Anchorage
Municipal code in effect on the date this Agreement is executed and shall
accrue bond interest as authorized therein.
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AWWU 3/31/95 [wwwpe.wp.privatedev]348
~msiqbe~m Subtivisi~n
Sanitary Sewer Extensicm Agreement
Plat # 89-23 zoninq # R-2M
AWWU File # S-95-030
Do
Ee
Fe
Ge
He
When the final plat for the Property has been filed with the Anchorage
District Recorder's Office, Third Judicial District, and a copy delivered
to the Engineering Division of AWWU, the Municipality shall assign each lot
and/or parcel within the Property its pro rata share of the levy upon
connection charges. The Developer shall i~iately thereafter enter into
an Ame~t to this Sanitary Sewer Extension Agreement setting forth each
of the LUC charges on each lot or parcel. Said Amen~t to this Sanitary
Sewer Extension Agreenent shall thereafter be recorded. In the event the
Developer fails to sign said Amendment within sixty (60) days of receipt,
the Developer hereby authorizes the Municipality to execute a Claim of Lien
on any or all lots, tracts, or parcels within the Property for purposes of
collecting the said LUC charges.
All levy upon connection charges payable by the Developer under this
Agreeaent are a lien upon the Property. In addition to pursuing any other
remedy provided by law, the Municipality may recover any past due LUC
charges in the same manner as delinquent special assessments are collected;
that is, by foreclosure and sale of the Property. The Municipality shall
release this lien upon the Property, or any lot or parcel within the
Property, when the LUC charges for the Property, or the LUC charges for any
lot or parcel within the Property, have been paid.
All outstanding levy upon connection charges shall be paid when the
Developer transfers the Property, or any lot or parcel within the Property,
to another; provided, however, that if for any reason such payments are not
made at the time of transfer, the LUC charges shall be billed to the Owner
of record of said Property at the time of billing.
Upon the Developer's full performance of all its obligations under this
Agree~_nt, that portion of the Property considered under the provisions of
the Anchorage Wastewater Utility Tariff to be legally served by lateral
sanitary sewer will be cmitted from any future lateral sewer improvenent
districts which my be formed to provide lateral sanitary sewer service to
adjacent properties.
In addition to all other charges, the Developer will pay an annual
collection charge pursuant to AMC 19.20.265 for all LUC accounts. The
amount of such annual charge shall be the same as that established for
special assessments for sewer service.
Secti~ 4 Reim~t for Lateral Sanitary Sewer Service to Other Pr~e~es
After the Municipality accepts the sewer system constructed by the
Developer under this Agreement, other parcels of land which are benefited
by the sewer system but not referred to in this Agreenent as the Property
may request sewer service. During the first three (3) years immediately
following the cc~pletion of a successful final inspection of the sewer
system constructed by the Developer, and upon receipt of a request for
sewer service to such other parcels, the Municipality shall initiate action
to collect a levy upon connection charge from the connecting parcels. The
levy upon connection charge shall be determined in accordance with the
Wastewater Utility Tariff in effect on the date the benefited parcel is
connected to the sewer system, and shall be reimbursed to the Developer as
autho{ized by that Tariff. No reimbursement shall be due if the Developer
fails to provide the Anchorage Wastewater Utility with a certified project
cost statement and an as-built mylar drawing of the sewer system
constructed within 180 days of the date a successful final inspection was
performed on the sewer lines constructed. Parcels of land sutmitting a
request for sewer service following cc~pletion of the three (3) year period
mentioned above shall be granted permission to connect to the sewer system
constructed by the Developer without paying a sewer lateral levy upon
connection charge and without any reimbursement to the Developer. Parcels
of land to be benefited by the construction of this sewer system include:
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AWWU 3/31/95 [wwwpe.wp.privatedev]348
Besigheim Subdivision
Sanitary Sewer Extension A~t
Plat # 89-23
AWWU File #
zoniuq #
S-95-030
BESIGHEIM SU~DMSIC~ (PLAT #89-23)
W portion of 1 012-301-93
*$0.00 **TBD *$0.00 **TBD
*NOTE: Waived by developer.
**TBD (To Be Det~ Note): Trunk levy upon connection charges to be
determined at the time the property avails itself to U~e sewer system.
The proposed service to the above parcels is based on a preliminary routing
of the sanitary sewer line and shall be revised, if necessary, in
accordance with as-built construction. The above specified parcels are
inserted for planning purposes only.
Ce
It is understood that in no case shall the Municipality reimburse the
Developer until such time as the benefited property owner makes payment of,
or enters into a formal agreement to make payment of, his sewer levy upon
connection charges to the Municipality.
Section 5 Special Provisi~s.
ARTICIR I, G~qERAL I~SI(]qs
1.02 ~.nnits~ La~ ~ Tax~.
Add the following:
All construction performed within a State Right-of-Way shall be in
accordance with MASS and the requirenents of the Alaska Department of
Transportation & Public Facilities (ADOTPF) Utility Permit.
AHTIC~R II, I~SITES IO (x]qSTR~I(]q
2.01 Rnqineer.
Paragraph C.
~dd the following:
The Developer has retained
license expiration date, \L
Firm:
Mailing ;kkiress:
Telephone No.:
Fax No.:
2.02 Pi~ ~ S~ific~t_i~
Paragraph A.
~ t~ following:
The Developer shall suhnit design drawings in accordance with the guidelines of
the Municipality's Design Criteria for Sanitary Sewer and Water Improvements.
The Municipality Anchorage Water & Wastewater Utility (AWWU) reserves the right
to return inccmplete drawings (less than 85% complete) to the Developer for
ccmpletion and resuhnittal.
2.07 p~ired p~rts
A, ~ality Control:
Replace Paragraph A. with the following:
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AWWU 3/31/95 . [ wwwpe, wp. privatedev ] 348
B 028 66[ 3
Besigheim Subdivision
Sanitary Sewer Extensic~ ;k]reement
Plat # 89-23
AWWU File #
S-95-030
Prior to the preconstruction conference, the Developer shall sukmit
a certified Quality Control Plan for review and approval which shall
include the following:
a. Name and telephone number(s) of the Engineer;
b. Name and telephone number(s) of any individual(s) under the
Engineer's direct supervision who will be conducting field
inspections;
c. Engineer' s review and signature procedure of field
inspections performed by personnel under the Engineer's
direct supervision;
d. Procedure(s) to be used to note and correct construction
deficiencies;
e. Procedure(s) to be used to coordinate pipe testing with AWWU;
f. Procedure(s) to be used to cc~ply with minimum testing
requirenents specified in the Municipality of Anchorage
Standard Specifications (MASS);
g. Procedure(s) to be used to request final inspections by AWWU.
The Developer shall suhnit written inspection reports on a weekly
basis of mterial testing results and sumnaries of daily activities
to the Anchorage Water & Wastewater Utility. Copies of materials
testing results shall be attached to inspection reports. Weekly
reports shall be sukmitted no later than 4 :OO PM on Monday following
each project work w~ek.
Failure to sukmit weekly inspection reports shall be cause for AWWU
to issue a stop work order under the provisions of Paragraph 2.10.A
of this Agreement.
Engineer's inspection shall include, hut not necessarily be limited
to, verification of the following'.
a. adequacy of pipe foundation material;
b. ccmpliance with approved vertical and horizontal pipe
a ligrm~_nt;
c. bedding and backfill material type, quality, placement and
density;
d. systen ccmponent material by type, size and installation (for
example pipe, valves, fittings, manholes, fire hydrant
assemblies, pipe restraints, curb stops, corporation stops,
polyethylene encasenent of pipe, etc. );
e. ccmpliance with required pipe tests;
f. compliance with any and all applicable permit stipulations;
g. observed deficiencies during inspection or testing; actions
taken to correct deficiencies; and notes of discussion with
AWWU pertaining to the deficiencies.
3. The Developer shall coordinate testing and inspections with the
Anchorage Water & Wast,water Utility and provide advance notice in
~ accordance with Article 2.3 of Section 50.02 (Sanitary Sewer) and
Article 2.4 Section 60.02 (Water) of MASS for all tests and
%. inspections to be witnessed by the Utility.
Paragraph B.
Add the following to Paragraph B:
If during the course of construction field conditions warrant changes to
the approved plans, the Developer shall obtain written concurrence frcm
AWWU prior to implementing these changes.
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AWWU 3/31/95. [wwwpe.wp.privatedev]348
Sanitary Se~mr Extension A~t
Plat # 89-23 Zoning # R-2M
AWWU File # S-95-030
2.11 Specified ~lc=q:ion Date.
Change to read as follows:
All improvements required under this Agreement shall be completed within
one (1) year frcm the date of execution hereof, to coincide with the
expiration date of any on-site wastewater disposal permit(s) issued for the
Property by the Municipality of Anchorage Department of Health and Human
Services.
3.01 Prer~.,~nit_~_ to Acc~
A. As-Built or Rc=~::ord Drawings.
the following:
The Developer shall sulmit record drawings in accordance with the
procedures set forth in Section 50.00 RECORD DRAWINGS (ASBUILTS) of
the Anchorage Water & Wastewater Utility's Design Criteria for
Sanitary Sewer and Water Improvenents.
C. Inspection and Testing.
Insert the following between the first and second Paragraphs:
Prior to scheduling a final inspection with Anchorage Water &
Wastewater Utility personnel, the Developer, the Engineer and the
Contractor shall perform a project inspection jointly and correct
any deficiencies or discrepancies found.
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AWWU 3/31/95- [wwwpe.wp.privatedev]348
B O282 PG6h 5
Besigheim Sulxlivision
Sanitary Sewer Extension Agreement
Plat # 89-23
AWWU File #
S-95-030
A}~[I~. I
~ PI{~ISI(]~S
1.01 Application of Article.
Unless this Agreement expressly provides otherwise, all provisions of this
Article apply to every part of this Agreement.
1.02 Permitsr Laws and Taxes.
The Developer shall acquire and maintain in good standing all permits, lic~es
and other entitlements necessary to its performance under this Agreement. All
actions taken by the Developer under this Agreement shall cc~ply witJl all
applicable statutes, ordinances, rules and regulations. The Developer shall
pay all taxes pertaining to its performance under this Agreement.
1.03 ReLationship of Parties.
Neither by entering into this Agreement, nor by doing any.act hereunder, may
the Developer or any contractor or subcontractor of the Developer be deemed an
agent, employee or partner of the Municipality, or otherwise associated with
the Municipality other than, in the case of the Developer, as an independent
contractor. The Developer and its contractors and subcontractors shall not
represent themselves to be agents, employees or partners of the Municipality,
or otherwise associated with the Municipality other tban, in the case of the
Developer, as an independent contractor. The Developer shall notify all its
contractors and subcontractors of the provisions of this Paragraph.
1.04 Enqineer' s Relation to M~nicipalit7.
Notwithstanding Paragraph 2.01, of Article II, or any agreement whereby the
Municipality reimburses the Developer's engineering costs; an engineer retained
by the Developer to perform work under this Agreement shall not be deemed an
agent, employee, partner or contractor of the Municipality, or otherwise
associated with the Municipality.
1.05 Developer's mmlxmsibilitY.
The Developer shall be solely responsible for the total performance of all
terms, covenants and conditions of this Agreement notwithstanding tJ%e
Developer's delegation to another of the actual performance of any term,
covenant or condition hereof.
1.06 Developer's Ind~,u.~fication.
The Developer shall indemnify, defend, and hold harmless the Municipality frcm
any claim, or alleged claim, action or demand arising frcm any act or cmission,
related to this Agreement in whole or in part, of the Developer, his agents,
employees or contractors. The liability assumed by the Developer pursuant to
this Paragraph includes but is not limited to claims for labor and materials
furnished for the construction of the improvements.
1.07 Di~laJmer of Warranty.
Notwithstanding this Agreement or any action taken by any person hereunder;
neither the Municipality nor any municipal officer, agent or employee warrants
or represents the fitness, suitability, or merchantability of any property,
plan, design, material, workmanship or structure for any purpose.
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AWWU 3/31/95 [wwwpe.wp.privatedev]348
0 2 8 6 q 6
Besi,qheim Subdivision
.itar md msion
Plat # 89-23 zoning # R-2M
AWWU File # S-95-030
1.08 Cost of Documents.
All plans, reports, drawings or other documents that this Agreement requires
the Developer to provide the Municipality shall be furnished at the Developer's
expense.
1.09 Assiq~ments.
ae
Except insofar as subparagraph B of this Paragraph specifically permits
assignments, any assignment by the Developer of its interest in any part of
this Agreement or any delegation of duties under this Agreement shall be
void, and any attempt by the Developer to assign any part of its interest
or delegate any duty under this Agreement shall constitute a default
entitling the Municipality to invoke any reuedy available to it under
Paragraph 1.10 of this Article.
B. The Developer may not assign its interest or delegate its duties under this
Agreement unless expressly permitted in writing by the Municipality.
1.10 Default: Municipality's Reredi~.
A. The Municipality may declare the Developer to be in default:
1. If the Developer is adjudged a bankrupt, makes a general assignment for
the benefit of creditors, suffers a receiver to be appointed on account
of insolvency, takes advantage of any law for the benefit of insolvent
debtors; or
2. If the Developer has failed in any measurable way to perfom its
obligations under this Agreement, provided the Municipality gives the
Developer notice of the failure to perform and the Developer fails to
correct the failure within thirty (30) days of receiving the notice; or,
if the failure requires more than thirty (30) days to cure, the
Developer fails within 30 days of receiving the notice to cc~ence and
proceed with diligence to cure the failure.
B. Upon a declaration of default the Municipality may do any one or more of
the following:
1. Terminate this Agreement without liability for any obligation maturing
subsequent to the date of the termination.
2. Perfom any act required of the Developer under this Agreement,
including constructing all or any part of the improvements, after giving
seven (7) days notice in writing to the Developer. The Developer shall
be liable to the Municipality for any costs thus incurred. The
Municipality may deduct any costs thus incurred from any payments then
or thereafter due the Developer from the Municipality, whether under
this Agreenent or otherwise.
3. Exercise its rights under any performance or warranty ~arantee securing
the Developer's obligations under this Agreement.
4. Pursue any appropriate judicial remedy including but not limited to an
action for injunction and civil penalties pursuant to the Anchorage
Municipal Cede.
1.11 Non-Waiver.
The failure of the Municipality at any time to enforce a provision of this
Agreement shall in no way constitute a waiver of the provision, nor in any way
affect the validity of the Agreement or any part hereof, or the right of the
Municipality thereafter to enforce each and every provision hereof.
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AWWU 3/31/95. [wwwpe.wp.privatedev]348
Besigheim Subdivision
Sanitary Sewer Extension A~reem~nt
Plat # 89-23
AWWU File #
S-95-030
1.12 Effect of Stamdard Specificati~s ar~ Desiqn Criteria.
The Municipality of Anchorage Standard Specifications and the Anchorage Water
and Wastewater Utility Design Criteria in effect at the time this Agreement is
executed, as well as Title 18 of the Alaska Administrative Code and the State
of Alaska criteria adopted for the design of water and/or sanit~ary sewer
facilities, shall be the minimum standards for performance under this Agreement
unless otherwise specifically provided in writing. Definitions or other
provisions in the staDderd specifications describing the relationships and
responsibilities of parties to Municipal construction contracts do not apply
herein to the extent that they conflict with any provision of this Agreement.
1.13 Amendment.
The parties may amend this Agreement only by mutual written agreement, which
shall be attached hereto.
1.14 Jurisdiction: Choice of law.
Any civil action arising frcm this Agreenent shall be brought in the Superior
Court for the Third Judicial District of the State of Alaska at Anchorage. The
laws of the State of Alaska shall govern the rights and duties of the parties
under this Agreement.
1.15 Definitions.
Unless this Agre~nent expressly provides otherwise, the following definitions
shall apply herein:
ae
"ACCEPTANCE" by the Municipality means a determination that an improvement
meets municipal construction staDd~__rds, and does not refer to accepting a
dedication of the improvement by the Developer.
Be
"AS-BUILT DRAWINGS" means the plan and profile reproducible mylar drawings,
verified by a registered professional engineer, to be the actual horizontal
and vertical alignment, distance, grade, amounts, etc. depicting the true
location of utility improvenents actually constructed.
C. "AWWU" means the Anchorage Water and Wastewater Utility.
"CERTIFIED COST STATEMENT" means an itemized statement provided to AWWU of
costs certified by the Developer to be the actual and final costs of water
and/or sanitary sewer facilities constructed. A copy of the final pay
estimate and/or other applicable billings sufficient to verify all costs
shall be included. A fora to be used when reporting certified costs shall
be provided by the Municipality.
"DESIGN CRITERIA" are the Utility minimum stamd_ards for design of water and
sanitary sewers in the Municipality of Anchorage. These criteria have been
adopted by the Anchorage Municipal code, Titles 21.85.160 and 21.85.170,
and are to be used in conjunction with the Municipality of Anchorage
Standard Specifications.
Fe
"FINAL INSPECTION" means that inspection performed by the Municipality
after% completion of all improvements required of the Developer under the
terms 'of this Agreem~_nt. All improvements must satisfactorily complete a
final inspection before placing any part of the improvements under
warranty.
G. "IMPROVEMENTS" means work which the Developer is required to perfom under
the terms of this Agreement.
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AWWU 3/31/95. [wwwpe.wp.privatedev]348
Besiqheim Subdivision
Sanitary Sewer Extension nqree.~nt
Plat # 89-23 Z~in~ # R-2M
AWWU File # S-95-030
Ms
Je
Ks
ns
Me¸
"MUNICIPALITY" for the purposes of administering this Agreement, means the
General Manager of the Anchorage Water & Wastewater Utility, or his
designee.
"RECORD DRAWINGS" m~ans the plan and profile reproducible mylar drawings,
verified by a registered professional Engineer to be the horizontal and
vertical alignment, distance, grade, amounts, etc. as reflected in survey
notes, contractor's notes, line and grade notes, and engineer's notes, and
as relates to the basic control rather than the construction stake line.
When record drawings are sut~tted the engineer shall identify the
contractor's name and address; a reference to the line and grade survey
book number; the engineering firm's name and address, and a reference to
the engineering survey book number. Record drawings will only be accepted
as a substitute for as-built drawings if the Developer's engineer notes
which portion of the drawing information was provided by the contractor,
which by the line and grade person, and which by the engineer.
"STANDARD SPECIFICATIONS" for purposes of this agresment, means those
construction specifications maintained and periodically reviewed and
modified by the Municipality of Anchorage which are published as the
Municipality of Anchorage Stand_and Specifications.
"WARRANTY INSPECTION" means that inspection performed by the Municipality
at the end of the two-year warranty period. All improvements must
satisfactorily ccmplete a warranty inspection before final acceptance of
the improvements by the Municipality.
"WATER/SANITARY SEWER EXTENSION" means that water or sanitary sewer line
which reaches frcm the water or sanitary sewer service connection to the
structure and is generally located on private property.
"WATER/SANITARY SEWER SERVICE CONNECTION" means the pipe and appurtenances
required to connect an indivich3al property or facility to the water or
sanitery sewer main and which terminates at the property line or easement
limit and shall not include the necessary further extension of the water or
sanitary sewer system onto private property.
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AWWU 3/31/95 [wwwpe.wp.privatedev]348
Besigheim Subdivision
Sanitary Sewer Extension A~jreem~nt
Plat # 89-23 Zoninq # R-2M
AWWU File # S-95-030
ARTIC~R II
PRE--SITES TO C~~ION
The Developer shall not obtain permits for construction of the improvements or
c~Nnence construction until the requirements of Paragraphs 2.01 through 2.08
below have been met.
2.01 Eng--.
The Developer shall retain an Engineer registered as a Professional
Engineer under the laws of the State of Alaska to design and administer the
construction of the improvements, including preparing plans and
specifications, inspecting and controlling the quality of the work
described herein in accord_ance with the Municipality's recc~ed
procedures for consulting engineers. If this agreement re~]ires the
Municipality to reimburse the Developer for engineering costs, the
professional fee schedule of the Engineer shall be attached as an appendix
hereto.
The Engineer hired by the Developer shall be retained so as to be available
throughout the entire two-year warranty period to effect, through the
contractor and/or the Developer, correction of all warranted conditions. A
letter to this effect shall be signed by both the Developer and the
Engineer and shall be filed with the Anchorage Water and Wastewater Utility
before a Notice to Proceed with the construction of this project is
approved.
The Developer shall infom the Municipality of the name and mailing address
of the Engineer he has retained to perform the duties described in
subparagraphs A and B above and agrees that notice to the Engineer at the
address so specified regarding the performance of such duties shall
constitute notice to the Developer. The Developer shall prcmptly infom
the Municipality of any change in the information required under this
Paragraph.
2.02 Plans and Specifications.
The Developer shall sulmit to the Municipality, in such form as tJ]e
Municipality my specify, all plans and specifications pertaining to the
construction of the improvements.
The Developer shall suhnit to the Municipality proof that he has retained
an Engineer to perform the duties described in Paragraph 2.01 of Article
II.
If the Municipality requires soil tests or other tests pertaining to the
design of improvements, the Developer shall suhnit reports of the test
results with the plans and specifications.
The Municipality shall approve the plans and specifications as sulmitted or
indicate to the Developer how it may modify them to secure approval within
three weeks frc~ either: (1) the sukmission of all plans and specifications
for the improvements, or (2) the payment of the deposit required upon plan
sulmi~.sion under Paragraph 2.03 below, whichever occurs later.
2.03 l~j~ C~st E~Dc~it.
The Developer shall deposit with the Municipality the amounts required under
Section 24.20.040 of the Anchorage Municipal Code and Paragraph 3.03.C of this
Agreement~ The Municipality does not guarantee that final billings will be in
accordance with amounts stated in this agreement, or orally given estimates.
It is expressly understood by the developer that a developer shall pay tJ]e
municipality's actual cost associated with all work performed under this
agreement. The municipality's cost shall include, but is not limited to,
agreement administration, plan checking, field surveillance, testing, final
inspections, warranty inspections and overhead.
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AWWU 3/31/95 [wwwpe.wp.privatedev]348
_Besighm_~m Subdivision
Sani~-ary Sewer Extensicm Aqreement
Plat # 89-23
AWWU File #
S-95-030
2.04 Liability Insurance.
The Developer shall provide proof that it has acquired the insurance required
under the Standard Specifications of the Municipality in effect at the time of
the execution of this Agreement, in the form prescribed in those Standard
Specifications, or, if the Developer has engaged a prime contractor to perform
the work under this Agreement, proof that the prime contractor has acquired
such insurance, naming the Developer as an insured.
2.05 General Standard of Workmanship.
The Developer shall construct all improvements in accordance with plans,
specifications and contracts approved by the Municipality and with the terms,
covenants and conditions of this Agreement. The Developer shall not incorpor-
ate any material or equit]nent into an improvement unless the Municipality has
approved its use. Unless the Municipality specifically agrees otherwise in
writing, all mterials, supplies and equiIm~nt incorporated into an improvement
shall be new.
2.06 ~r.
All surveys required for the completion of improvements under this Agreement
shall be made by a person registered as a Professional Land Surveyor under the
laws of the State of Alaska.
2.07 ~ Re~orting.
A. Quality Control'.
The Developer shall sulmit to the Anchorage Water & Wastewater Utility
regularly and prcmptly, written reports describing the results of all
required tests and inspections.
The Developer shall coordinate testing and inspections with the
Anchorage Water & Wastewater Utility and provide advance notice to AWWU
of all tests and inspections to be witnessed by the Utility.
Expressed or implied approval by the Municipality of any report or
inspection shall not authorize any deviation frcm approved plans and
specifications or from the terms of this Agreement.
2.08 Performance Guarantee.
In order to guarantee the construction of the improvements required by this
Agreement, the Developer shall grant to the Anchorage Water and Wastewater
Utility one of the following documents, in an amount equal to that
specified in Chapter 21.87.030.B of the Anchorage Municipal Code, a copy of
which is incorporated herein by reference.'
1. A Surety Bond from a company qualified by law to act as a surety in the
State of Alaska. (AMC 21.87.030.C.1)
An Escrow Account with a bank or financial institution authorized by
l~w to do business in the State of Alaska. The escrow account shall be
i~revocable, shall be estoblished in the name of the Municipality and
shall authorize the Municipality to draw on the account without the
further written consent of the Developer. (AMC 21.87.030.C.2)
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AWWU 3/31/95 [wwwpe.wp.privatedev]348
Besig~ Subdivision
Plat # 89-23 Zoning # R-2M
AWWU File # S-95-030
A Letter of Credit fron a bank or financial institution authorized by
law to do business in the State of Alaska. The letter of credit s)mll
be irrevocable and shall identify the Muni.cipality as beneficiary. (AMC
21.87.030.C.3)
A Deed of Trust, a copy of which will be recorded in the Anchorage
District Recorder's Office, Third Judicial District, State of Alaska.
No Deed of Trust shall be accepted unless the unencumbered value of the
Property equals or exceeds the stated amount of the guarantee required.
(kMC 21.87.030.C.4)
5. Cash, in an amount equal to that specified in Chapter 21.87.030.B of
the Anchorage Municipal Code.
Be
The total value of the performance ~,mrantee provided shall be equal to or
greater than the estimated total project cost as reflected in Section 2C of
this Agre~ent plus project overrun allowances as outlined in AMC
21.87.030.B. The performance guarantee will not be released by the
Municipality until all improv6m~_nts required by this Agreenent have been
ccmpleted by the Developer; the water and/or sanitary sewer improvements
inspected and accepted under warranty by the Municipality, and an
acceptable warranty guarantee posted as required by Paragraph 3.04 of
Article III of this Agreement.
2.09 Surveillance.
ae
AWWU may monitor the progress of the improvenents and the Developer's
cc~pliance with this Agreenent, and perfom any inspection or test which it
deems necessary to determine whether the improvenents confom to this
Agreement.
If the Developer fails to notify AWWU of inspections, tests and
construction progress as required by Paragraph 2.07 above, the Utility may
require, at the Developer's expense, retesting, exposure of previous
stages of construction, or any other steps which the Utility deems neces-
sary to determine whether the improvenents confom to this Agreenent.
Ce
Any monitoring, tests or inspections that AWWU orders or performs pursuant
to this Paragraph are solely for the benefit of the Utility. AWWU does not
undertake to test or inspect the improvements for the benefit of the
Developer or any other person.
2.10 Stop Work Orders.
ao
If AWWU determines that there is a substantial likelihood that the
Developer will fail to comply with this Agreenent, or if the Developer
does fail to ccmply, the Utility may stop all further construction of
improvements by posting a stop work order at the site of the nonconforming
construction and notifying the Developer or his Engineer of the order.
A stop work order shall remain in effect until the Anchorage Water &
Wastewater Utility approves:
1. Arrangements made by the Developer to remedy the nonconformity; and
2. A~surances by the Developer that future nonconformities will not occur.
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AWWU 3/31/95 [wwwpe.wp.privatedev]348
Besigbeim Subdivision
Saniear~ Sewer Extensi~ ~
Plat # 89-23 zoning ~ R-2M
AWWU File # S-95-030
The issuance of a stop work order under this Paragraph is solely for the
benefit of the Municipality. The Municipality does not undertake to
supervise the work for the benefit of the Developer or any other person.
No suspension of work under this Paragraph shall be grounds for an action
or claim against the Municipality, or for an extension of time to perform
the work.
D. The Developer shall include in all contracts for work to be performed or
materials to be used under this Agresment the following provision:
The Municipality of Anchorage, pursuant to a Water Main/Sanitary Sewer
Extension Agreement on file with the Municipal Clerk and incorporated
herein by reference, has the authority to inspect all work or mterials
under this contract, and to stop work in the event that the work performed
under this contract fails to co~ply with any provision of the Water
Main/Sanitary Sewer Extension Agre6ment. In the event that a stop work
order is issued by the Municipality of Anchorage, the contractor
i~ediately shall cease all work, and await further instruction fron the
Developer.
2.11 Specified Ccmpl~on Dote.
All improvements required under this Agresment shall be ccmpleted within two
(2) years frcm the date of execution hereof.
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AWWU 3/31/95 [wwwpe.wp.privatedev]348
B O28 'G653
Besiqheim Subdivision
Sanitary Sewer Extension A~t
Plat # 89-23
AWWU File #
zoninq # R-2H
S-95-030
III
;~X~g~NCE OF
3.01 Prere~,i~ites to ;~.
The Anchorage Water and Wastewater Utility shall not finally accept the
improvements constructed under the terms of this Agreement until all the
following requirements have been met.
A. As-Built or Record Drawings.
The Developer shall provide AWWU with one accept_able set of reproducible
mylar as-built or record drawings and two blue-line copies thereof for each
improvement constructed. The as-built or record drawings shall be
sukmitted to the Anchorage Water and Wastewater Utility within one hundred
and eighty (180) days following successful cc~pletion of a final inspection
of this project by Utility inspectors. The as-built or record drawings and
blue-line copies shall be certified to represent accurately the improve-
ments as actually constructed and shall be signed by a Professional
Engineer, registered under the laws of the State of Alaska. Failure to
sutmit approved as-built or record drawings within this 180 day period
shall be sufficient cause for the Utility to deny reimbursement to the
developer for providing water/sewer service to adjacent properties. The
project warranty period for the improvements constructed under the terms of
this Agreement will not cc~ence until after the as-built or record
drawings have been received and approved by AWWU. The Developer shall
sukmit a copy of the post construction survey notes as well as the
Engineer's "during construction" inspection notes to AWWU along with the
as-built or record drawings. See paragraph 1.15 for a definition of
as-built and record drawings.
B. Certified Cost Statement.
The Developer shall provide a certified cost statement to AWWU within 180
days of ccmpletion of a successful final inspection of the water/sanitary
sewer lines by the Utility. The certified cost statement shall be notar-
ized and sukmitted on a form provided by the Anchorage Water & Wastewater
Utility and shall consist of the total project costs including all labor,
material, equiDnent, engineering inspection and all other direct or
indirect costs incurred. A copy of the final pay estimate and/or other
applicable billings or invoices sufficient to verify all costs shall be
included. Failure to sukmit an approved certified cost statenent within
this 180 day period shall be sufficient cause for the Utility to deny
reimbursenent to the Developer for providing water/sanitary sewer service
to adjacent properties. The project warranty period for the improvements
constructed under the terms of this Agreement will not cc~ence until after
the certified cost stat~_nt has been received and approved by AWWU.
C. Inspection and Testing.
During the course of construction of the improvements required by this
Agreement, or upon receiving notice from the Engineer that the
.D~veloper has ccmpleted the improv~nents, AWWU shall schedule ~m
i~Spection of the improvements. The Utility may inspect the
improvements and any related work in dedicated easements or
rights-of-way.
2. AWWU shall infom the Developer in writing of any deficiencies in the
work found during the course of its inspections.
!
3. At its own expense, the Developer~hall correct all deficiencies found
by the inspection performed unde~ subparagraph 1 of this Paragraph.
Upon receiving notice that the deficiencies have been corrected, AWWU
shall re-inspect the improvenents.
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AWWU 3/31/95 [wwwpe.wp.privatedev]348
~sigheJm Subdivision
Sanitary Se~_r Extension .A~t
Plat # 89-23 Zoninq #
AWWU File # S-95-030
AWWU may continue to re-inspect the improvements until the Developer
has corrected all deficiencies in the improvements.
A final inspection will be performed in acconJ_ance with the Municipal
Standard Specifications and witnessed by Anchorage Water & Wastewater
Utility personnel. This final inspection will take place after
completion of all imp~ts and will consist of, but is not limited
to, the following as appropriate:
a. Check Sewer Manholes for proper Grouting, Ramneck, Smooth Inverts,
Beaver Slides, etc.,
b. Insure Dust Pans are properly installed,
c. Location Markers for all Sewer Stub-Outs.
A copy of the final inspection results will be furnished to the
Developer itemizing any existing deficiencies. Upon notification that
the deficiencies have been corrected, AWWU will perform another final
inspection of those itsms.
e
After a final inspection has revealed that all improvements and related
work in dedicated eas6ments and rights-of-way meet Municipal standards;
after the Developer has furnished as-built or record drawings and a
notarized certified cost statement; and after the Developer has
deposited the fees required by ~MC 24.20.040.E; AWWU shall notify the
Developer that the improvenents have been accepted under a two (2) year
warranty period.
Prior to the end of the two (2) year warranty period, AWWU shall
conduct a Year End Warranty Inspection to determine whether all
improvenents and related work within the dedicated easements and
rights-of-way continue to meet Municipal Standard Specification. A
copy of the Year End Warranty Inspection results will be furnished to
the Developer itemizing any existing deficiencies. After all
deficiencies have been corrected to the satisfaction of AWWU, tJ]e
Utility shall notify the Developer that the Anchorage Water and
Wast,water Utility accepts full responsibility for all future
maintenance of the public water and/or sanitary sewer facilities
constructed under this Agreement.
3.02 Consequ~of ~ of I~ts.
AWWU's final acceptance of the improvements constitutes a grant to the Utility
of all the Developer's rights, title and interest in and to all the
improvements, together with all easements, rights-of-way or other property
interest not previously conveyed which are necessary to provide adequate access
to thewaterand/or sanitary sewer improvements.
3.03 Developer's Warf~nt~.
The Developer shall warrant the design, construction, materials and
workmanship of the improvements against any freezing, failure and/or defect
in design, construction, material or workmanship which is discovered prior
to th~ expiration of the two years warranty period fron the date the
Utility notifies the Developer of the acceptance of the improvements.
This warranty shall cover all direct and indirect costs of repair or
replacenent; damage to the property or other improv6m~nts to facilities
owned, by AWWU or any other person caused by freezing and/or other failure
or defect; and any increase in cost to AWWU for operating and maintaining
the improv6ments resulting fron freezing and/or such other failures,
defects or damage.
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AWWU 3/31/95 [wwwpe.wp.privatedev]348
~i~m Sutxiivisio~
~~ ~ F~im ;~reement
Plat # 89-23
AWWU File #
Zon~ # R-~2~
~95-030
Prior to acceptance under warranty of this project, the Developer shall
provide the Anchorage Water and Wastewater Utility with a cash deposit as
required by Anchorage Municipal Code, Chapter 24.20.040.E to cover the
Utility's costs incurred during the warranty period. This cash deposit is
in addition to the warranty ~p~arantee required by Paragraph 3.04 below.
The amount of this deposit shall be as indicated below and shall be based
on the Developer's certified cost statement for this project.
CERTIFIED COSTS
$10,000.00 or less
$10,000.01 to $50,000.00
$50,000.01 to $150,000.00
Over $150,000.00
REQUIRED DEPOSIT
$ 500.0O
$1,000.00
$1,500.00
$2,000.00
Any action or cmission to take any action on the part of AWWU authorized by
this Agreement including but not limited to operation or routine
maintenance of the improvenents prior to acceptance, or surveillance,
inspections, review or approval of plans, tests or reports, shall in no way
limit the scope of the Developer's warranty.
3.04 ~4arranty Guarantee.
To secure the Developer's performance of the warranty under Paragraph 3.03
above, the performance guarantee provided by the Developer under Paragraph
2.08 of Article II shall remain in effect until the end of the warranty
period, or until the Developer has furnished sone other type of acceptable
and adequate warranty guarantee as indicated in subparagraph B below.
Be
An accept_able warranty guarantee may be a corporate Surety Bond, a Cash
Deposit, or a Letter of Credit in an amount equal to a percent of the
project's approved certified cost statement as set forth below: (See AMC
21.87.037.B.2)
Certified ProjectCost
Less than $500,000
$500,000 to $1,000,000
More than $1,000,000
Percent to Secure Warranty
10%
7.5%
5%
The warranty period shall mean a period of two (2) years fron and after
acceptance under warranty of the improvements by AWWU unless a longer
warranty period is required by mutual agreenent. The warranty period shall
be understood to imply prc~pt attention by the Developer to repair any
defects that occur. In those instances where the water or sanitary sewer
is constructed in conjunction with other public improvenents, this warranty
period shall run concurrently with the warranty of the last improvenent to
be constructed.
3.05 Municipality's Remedies Under Warranty.
AWWU shall notify the Developer in writing upon its discovery of any
failure or defect covered by the warranty required in Paragraph 3.03 above.
The Utility shall notify the Developer before conducting any tests or
inspections to determine the cause of the failure or defect, and shall
notify the Developer of the results of all such tests and inspections.
The ~veloper shall correct any failure or defect covered by warranty
within thirty (30) days of receiving notice of the failure or defect frcm
AWWU. The Developer shall correct the failure or defect at its own expense
andto the satisfaction of AWWU.
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AWWU 3/31/95 [wwwpe.wp.privatedev]348
~ni~y ~ Exbansi~m ~ent
Plat # 89-23
AWWU File #
S-95-030
C. If the Developer fails to correct the failure or defect within the time
allowed by subparagraph B above, AWWU may correct the failure or defect at the
Developer's expense. If the Developer fails to pay AWWU for the corrective
work within thirty (30) days of receiving the Municipality's bill thereof, AWWU
may pursue any namedy provided by law or this Agreement to recover the cost of
the corrective work.
D. AWWU reserves the right to i~mediately remedy, at the Developer's sole
expense, any failure or defect determined by AWWU to be hazardous in the event
the failure or defect, if not corrected promptly, jeopardizes life and/or
property.
3.06 Conditions of Reimbursement.
If this Agreement requires AWWU to reimburse the Developer for all or part of
the cost of an improv6ment, the reimbursement shall be conditioned upon the
Developer's performance of all its obligations under this Agreenent and upon
the successful sale of bonds.
3.07 C~mpletic~ of Performance - Release of Warrant7.
AWWU shall perform a year-end warranty inspection of all improvenents
constructed prior to the end of the two-year warranty period, and before
releasing any warranty ~arantee and/or deposit then in effect. Pursuant to
Paragraph 3.05 above, the Developer shall correct any failure or defect in
the work revealed by the warranty inspection.
Be
Upon the Developer's satisfactory performance of all its obligations under
this Agreement, AWWU shall execute a written statement acknowledging such
performance and shall release any r~maining security posted by the
Developer under this Agreenent.
C. AWWU reserves the right to refuse to enter into an Agreement with any
Developer for the future extension of water and/or sanitary sewer mains
when said Developer fails or refuses to cc~ply in a timely manner with the
conditions of this Agreement or is currently delinquent in the payment of
any account owed to AWWU.
IN WITNESS WHEREOF the parties hereto have set their hands on the date
first set forth above.
DIl~2~ G~f~3SES, INC.
raPREMO, P.E.
1 Manager
Anchorage Water & Wastewater Utility
AITEST:
-19-
WAYNE LEISER
President
AWWU 3/31/95 [wwwpe.wp.privatedev]348
a div i n
S~ni~y ~ Extansic~ ~r~nt
Plat # 89-23
AWWU File #
S-95-030
STATE OF ALASKA )
)
THIS IS TO CERTIFY that on this ~ I~day of ~.g~/f)'~, 1995, before
me, the undersigned, a Notary Public in and for th~tate~fo[ ~laska, duly
ccmm~issioned and sworn as su~ch, perso.nally, appeared ~J~//~C .~/~¢.jg~?L. ,
to me known to be a/the ~.9~'~ (partner~/presiaent, etc. ) of
the Developer named in the foregoing instrument, and s/he acknowledged to me
that s/he had in his/her official capacity aforesaid executed the .fpregoing
instrument as the free act and deed of the said ~;~¢~~3-~
(partnership, corporation, etc. ) for the uses and purposes t~]erein stated.
WITNESS my hand and o~oi~,l,,,~.eal on the day and year first above
written.
~ { PU%%'x ~i ~N~ Public in and for
% ..¢/.....¢.. £ My Cc~ssion Expires:
%, ,,,v,.~z' .,,,,.,,,,~ Apfl12?,1ggB
STATE OF ALASKA )
THIRD JUDICIAL DISTRICT )
THIS IS TOCERTIFY that on the~y of ~.(}~/~, 1995, before
me, the undersigned, Notary Public in and for the~State of Alaska, duly
co~missioned and sworn as such, personally appeared MARK PREMO~ P.E. known to
me to be the General Manaqer of the Anchorage Water & Wastewater Utility for
the Municipality of Anchorage, Alaska, the corporation that executed the
foregoing instrument, and he acknowledged to me that he executed said
instrument as the free and voluntary act and deed of said corporation for tJ]e
uses and purposes therein mentioned, and that he was authorized to execute said
instrument.
WITNESS my hand and official seal on the day and year first above
written.
Public in and for Alaska
C~m~ission Expires: U~ Oom'm~o. ~,~:
April 27, 1998
-20-
AWWU 3/31/95 [wwwpe.wp.privatedev]348
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