Item No.                 6b_supp
ATTACHMENT A                  Date of Meeting     May 18, 2010
Bus Maintenance Facility Site Plan

S 194th St                              N
ATTACHMENT A
Bus Maintenance Facility Site Utility Plan

S 194th St                             N











Note: The anticipated
Highline Water District 
easement area is shaded.
ATTACHMENT B                              Item No.          6b_supp

Date of Meeting     May 18, 2010

HIGHLINE WATER DISTRICT
DEVELOPER EXTENSION CONTRACT


THIS CONTRACT ("Contract" or "Agreement") is made and entered into as of
this           day  of                                   between  Highline  Water  District,  a
,
Washington municipal corporation of King County, Washington ("District") and the Port
of Seattle, a Washington municipal corporation ("Developer'') (individually a "Party" and
collectively the "Parties").

Developer is the owner of and desires to develop the following described real
property  situated  in  King  County,  Washington  (or  see  property  legal  description
attached hereto as Exhibit A):

See attached Exhibit A

("Property").

Pursuant  to  the  "Interlocal  Agreement  Establishing  Water  Service  Area
Boundaries" executed by the Parties in 2008, Chapter 57.22 RCW and other duly
adopted District resolutions, policies and procedures, the Developer desires to install
water mains and appurtenances ("Developer Extension" or "Extension"), and connect
them to the main lines of the District to provide District water service to the Property, all
in accordance with plans which have been reviewed and authorized by the District.

NOW THEREFORE, in consideration of the benefits each Party shall derive from
this Agreement, the Parties agree as follows:

1.     The Developer shalt construct the Developer Extension  in accordance with  all
District   requirements.     Any   variations  from   the   District's   standards   and
specifications must be corrected prior to the District's acceptance of the Developer
Extension.

2.     All  permits  required at any time to undertake the  installation of thegDeveloper
Extension or any portion thereof, whether or not obtained by the District, shall be
at the Developer's sole expense, and copies of all such permits obtained by the
Developer shall be delivered to the District prior to the commencement of the
installation of the Developer Extension.

FEES

3.     In  consideration  of  services  provided  by  the  District  in  conjunction  with  this
agreement the Developer shall submit a deposit of $. .. ..  5,000.00      ("Deposit")
to the District. Costs incurred by the District in administering the terms of this
Agreement shall be charged against the deposit during .the term of the project.
District costs shall be based on the actual time and expenses expended by the
District  or  its  consultant.  The District  shall  charge  Developer for  all  services
performed by the District which shalt include, but not be limited to, the following:

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HIGHLINE WATER DISTRICT
DEVELOPER EXTENSION CONTRACT
3,1.        Contract Administration;

3.2.       Engineering;

3.3.        Inspections by District Personnel;

3.4.        Revisions of the Contract plans and specifications and work occasioned
by an act of the Developer relating thereto;

3.5.       Additional Inspections (County, State, District, Other);

3.6.        Re-inspection of deficient work;

3.7.       Any permit or franchise acquired by District for the Developer Extension;

3.8.        Acts  by the  Developer that  necessitate the  District's Manager,  staff or
District consultants such as engineering and iegal to spend extraordinary
time on the Developer Extension;

3.9.       Water sampling, testing and water loss;

3.10.      District materials used by the Developer;

3.11.      MiscellaneoUs  expenses  and/or  costs  incurred  by the  District for the
Developer reiated to the project;

3.12.      Time & Materials ("T&iVl") cost of performing flow testing of the distribution
system.

Unused balances of the Deposit will be returned to the Developer within sixty (60) days
following  final  acceptance  of  the  Extension  by  Resolution  of  the  Board  of
Commissioners. Amounts due in excess of the Deposit shall be paid to the District by
the Developer prior to project acceptance. The Developer shall pay the fees and costs
charged by the District which may apply to this Contract as set forth in Chapter 6.04 of
the District Code, provided the District shail have the right to update and amend such
fees and charges as necessary and appropriate and any such updated fees and
charges shall apply to this Agreement.

PLANS

4.    Prior to submitting plans of the Extension to the District for review and approval,
the plans shall have a current fire marshai'3 stamp and signature

5.     All plans and profiles, including major and minor redesigns and changes, as-built
plans, easements and all estimated and final direct total project costs shall be
certified by a professional engineer (or surveyor for easements) in good standing
and licensed to practice in the State of Washington.


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HIGHLINE WATER DISTRICT
DEVELOPER EXTENSION CONTRACT

6.    The Developer shall, concurrent with delivering the easements,  bill of sale and
warranties, deliver to the District a complete and accurate set of as-built plans on
24" x 36" mylar, as well as an AutoCad (District compatible) computer disk of the
as-built plans. The plans shall be in conformance With all District standards and
specifications. '

lNSURANCE AND BONDING

7.    The Developer shall require  its Contractors to secure and  maintain,  during the
term of this Contract the following insurance:

7.1.       General liability insurance for bodily injury and property damage liability,
including without limitation, coverage for explosion, blasting, collapse and
destruction of underground utilities (X.C.U.) and coverage for premises,
operations,   independent  contractors,   products,   contingent   liability,
including  products  and  completed  operations  and  blanket  contractual
liability at a combined single limit of at least $2,000,000 per occurrence
with a per project aggregate of $3,000,000. This insurance shall cover the
Developer, the District, the Contractor and all subcontractors for claims or
damages of any nature whatsoever, including, but not limited to bodily
injury,  including  wrongful  death,  as  well  as  other  claims  for  property
damage which may arise from operations under this contract, whether
such operations be by themselves or by any subcontractor.

7.2.       Comprehensive automobile  liability,  bodily  injury and  property damage
combined single limit of at least $1,000,000.

7.3.        insurance for claims under worker's compensation (industrial insurance),
disability  benefit and  other similar employee  benefit  acts  in  the  State
statutory amount and stop gap liability insurance (employer's contingent
liability) with coverage of at least $1,000,000 each accident/occurrence.

The Contractor shall have the District specifically added as an additional named
insured in said policies, all at no cost to the District, and provide the District with a
certicate  of  insurance  confirming  the  insurance  as  required  herein  and  an
endorsement confirming that the District is an additional named insured on such
insurance  coverage.  The  Contractor's  insurance  shall  be  designated  primary
coverage for both indemnity and defense, the District's insurance shall be excess.

8.     The Developer shall not permit the Contractor to cause any policy to be canceled
or allow any policy to lapse, and all policies shall include a clause to the effect that
neither the policy nor certificate of insurance shall be subject to cancellation or
reduction from the required limits of liability of amounts of insurance or any other
material change until notice has been mailed to the District stating when, not less
than 30 days thereafter, such cancellation reduction or change shall be effective.


'
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HIGHLINE WATER DISTRICT
DEVELOPER EXTENSION CONTRACT

9.    All certificates of insurance and endorsements authenticated by the proper officers
of the insurer shall state in particular those insured, the extent of the insurance
and the location, character and extent of the work to be performed by the
Contractor or subcontractor and said certificates of insurance and endorsements
shall be delivered to the District.

CONSTRUCTION

10.   Construction shall be performed on behalf of the Developer by a knowledgeable
and competent contractor in water system construction (herein referred to as
"Contractor") who must be registered  in the State of Washington  under the
Contractor's Registration Act (Chapter 18.27 of the Revised Code of Washington
(RCW)), and insured as set forth herein.  lf the Developer is acting as its own
contractor, the Developer must be similarly knowledgeable, competent, registered
and insured.

11.   Construction  shall  be  performed  in  compliance  with  the  District's  "Standard
Specifications"  and  the current APWANVSDOT specifications  which  are  both
incorporated herein by this reference.  The District shall provide a digital copy of
the Special Provisions to the Developer.  It shall be the obligation of the Developer
to obtain its own copy of the specifications.

12.   Construction shall be performed in compliance with resolutions, ordinances, rules
and requirements of the District and appropriate municipal, county, state and
federal agencies.

13.   The Developer and the Contractor shall not allow any water to flow through mains
or facilities  constructed  by the  Developer unless authorized  by the  District  for
temporary use.  Permanent water availability to the Developer Extension through
the  existing  lines  of the  District  shall  not  be  made  until  all  provisions  and
requirements of this contract have been fully complied with and the District has
provided written notice of acceptance to the Developer.                             '

14.   The Developer shall construct all roads and/or easements to the design sub-grade
elevation  prior to the  start of water system  installation. The  District shall  be
advised in writing of any changes in project design that would affect the water
system during construction.  if the Developer changes the sub-grade elevation of
water system installation areas before or after any road completion, the Developer
shall be responsible for all costs incurred for the reinstallation of the water system
as a result of such change in sub-grade elevation.

ADMINISTRATIVE COMPLIANCE

15.   The Developer Extension shall be complete and accepted within eighteen (18)
months of the date the Board of Commissioners adopts its resolution accepting
Developer's application to enter into this Agreement. If the Developer Extension is
not completed by the Developer and accepted by the District within the eighteen

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HlGHLINE WATER DISTRICT
DEVELOPER EXTENSION CONTRACT
(18) month time period, the Developer's rights under this Agreement shall cease
and no water services shall be connected to the Extension. The District may
consent to the time extension of this Agreement or the District may require the
Developer to submit an application for a new Agreement; in either event, the
Developer may be required to pay additionat administrative fees and additional
legal, engineering, and inspection costs as determined by the District. The District
will make its determination of whether a time extension is warranted, in the
District's sole discretion, based on the status of the project's completion.

16.   In  the  event  repairs,  restorations  or  corrections  to  the  Extension  become
necessary during the two year maintenance/warranty period, the Developer, upon
notification from the District, shall make all repairs, restorations and corrections, at
the Developer's soie expense within five (5) working days of receipt of such notice.
The District may extend the five (5) day period if, in its sole discretion, conditions
warrant such a time extension.

17.   The District may require immediate (within 24 hours) action by the Developer, or, if
the situation requires, the District may respond itself to an emergency situation.
The Developer shall reimburse the District within 30 (thirty) days of the date of an
invoice from the District for its expenditures in making any and all corrections to
the Developer Extension and for restoration of other properties or public rights-of-
way.

18.   All easement documents for the Developer Extension shall be delivered to the
District after construction and prior to acceptance by the District of the Developer
Extension.  Easements shall be at [east twenty (20) feet in width and centered on
the water lateral except as expressly allowed by the District.   No other lines,
mains, services, buildings, or appurtenances shall encroach within the easement,
except as expressly allowed by the District.  Encroachments shalt be removed at
no cost to the District.   The  District's form shalt be used for recording of
easements".

19.   As a condition of the District's acceptance of a Developer Extension the Developer
shall execute a Bill of Sale in a form approved by the District that provides for
transfer of title of the waterlines and appurtenances of the Developer Extension
from the Developer to the District.  The Bill of Sale shall include the following
warranties:

19.1.      That Developer is the lawful owner of said property, and that it is free from
all encumbrances.

19.2.      That all bills for labor and materials in connection therewith have been
fully paid.

19.3.      That Developer has the right to transfer the same and that it shall warrant
and defend the same against lawful claims and demands of all persons
following the date of acceptance of the Bill of Sale by the District.

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HIGHLINE WATER DISTRICT
DEVELOPER EXTENSION CONTRACT

19.4.      That Developer conveys and transfers the waterlines and appurtenances
in  the  Developer  Extension  to  the  District  for  the  consideration  of
incorporating them into the District's water distribution system.

19.5.      That for a  period  of two  (2) years from  the date of acceptance,  the
Developer  Extension  remains  in  good  working  order and  condition
acceptable to the District, and that the Developer shall repair or replace at
its own expense any work or materials that may prove to be defective
during the two (2) year period.

20.   Upon the  District's sole determination,  and  if warranted,  at completion of the
Developer Extension, the District and the Developer shall both execute and
acknowledge a Latecomer's Agreement which shall be recorded with the King
County Recorder at the Developer's expense.  The Latecomer's Agreement and
procedures are available from the District upon request.
lf the Developer anticipates
a need for a Latecomer's Agreement, please check
the adjacent box.     Yes D

21.   No part of the Extension or related appurtenances may be constructed without
attending a pre-construction meeting to be held at the District's office. The meeting
shall be attended by the Developer, Project Contractor and a designated District
representative unless otherwise directed by the District.  The District's assigned
inspector must receive job start notification no fewer than seventy-two (72) hours
in advance of the beginning of construction of the Extension.

MISCELLANEOUS

22.  Throughout this Contract, unless the Contract requires otherwise, words denoting
the singular may be construed as denoting the plural and vice versa, and words of
one gender may be construed as denoting such other gender as is appropriate.

23.   The  laws  of  the  State  of  Washington  shall  govern  the  interpretation  and
enforcement of this Contract.  Any litigation relating to the performance of non-
performance of this Contract shall be filed in King County Superior Court.

24.   The  Developer's  rights  and  obligations  arising  out  of this  Contract  are  not
assignable  or transferable  without  the  District's  express  written  consent as
conditioned  by the  District,  such  consent to  be  given  in  the  District's  sole
discretion.

25.   In the event this Contract is referred to or placed in the hands of an attorney for
enforcement of any portion of this contract, or if an arbitration or lawsuit is
instituted with respect to this contract, the prevailing party shall be entitled to be
paid  its  reasonable  attorneys  fees  and  costs  by  the  other  party,  including
attorney's fees and costs incurred in any appeal.

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HlGHLlNE WATER DISTRICT
DEVELOPER EXTENSION CONTRACT

26.   The  Developer shall  indemnify  and  defend  the  District  and  its  elected  and
appointed officials, employees and agents harmless from and against  all claims,
losses, demands, payments, suits, actions, costs and judgments of every nature
and kind brought or recovered against the District by reason of the act or omission
of the Developer and its contractor(s) and agents in the performance of the
Developer Extension and for any cost or expense incurred by the District in
connection  therewith,  including,  but not limited thereto, attorney fees,  expert
witness fees  and the cost of the services of engineering and other personnel
whose time  is  reasonably devoted to the  preparation  and  attendance at
depositions, hearings, settlement conferences, trials and appeats.  The Developer
shall, at the District's request, furnish satisfactory evidence that all obligations of
'
the foregoing nature have been paid, discharged, or waived.

27.   Prior to the acceptance of the Extension, the Developer shall deliver to the District
a written release in a form acceptable to the District, of all liens that might arise out
of the performance of the work or such other evidence as may be acceptable to
the District that there are no liens against the Extension.  If any lien arises or-
remains unsatisfied after the acceptance of the Extension, the Developer shall
reimburse the District for any costs and expenses, including attorneys' fees and
costs incurred on account of the |ien(s).

28.  This Contract is made entirely for the benefit of the District and the Developer and
successors'and assigns in interest and no third person or party shall have any
rights hereunder whether by agency, as a third party or otherwise.

29.  The originals of the Extension plans and design ("Plans") shall be delivered to the
District in the form required by the District upon completion of the Plans and shall
become the property of the District.  Neither the Devetoper nor the Developer's
engineer shail have any rights of ownership, copyright, trademark or patent in the
Plans.

IN WITNESS WHEREOF the Parties have entered into this Contract the datefirst
above written.

HIGHLINE WATER DISTRICT '   PORT OF SEATTLE

By:
General Manager                      Its  Chief Executive Officer

PO. Box 3867.                             P0. Box 68727
Kent, WA 98032                          meattle, WA 98168
Phone: 206-824-0375                       Phone: 206-7873000
Fax: 206-824-0806


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HIGHLINE WATER DISTRICT
DEVELOPER EXTENSION CONTRACT

EXHIBIT A  PROPERTY LEGAL DESCRIPTION

Property: Port of Seattle Bus Maintenance Facility

That portion of the Northwest Quarter of the Northeast Quarter of Section 4, Township
22 North, Range 4 East, City of SeaTac, King County, Washington, further described as
follows:

Commencing at the North Quarter comer of 'said Section 4, thence South 0244'24"
East along subdivision line, a distance of 1,003.31 feet;

Thence North 8715'36" East, a distanCe of 388.05 feet to the True Point of Beginning;

Thence South 8930'09" East, a distance of 457.59 feet;

Thence South 0022'58" West, a distance of 592.40 feet;

Thence South 8919'34" West, a distance of 457.72 feet;

Thence North 0023'15" East, a distance of 601.76 feet to the True Point of Beginning.

Containing: 273,234 square feet (6.27 acres) more or less

April 16, 2010