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HomeMy WebLinkAboutCAG1984-001 - Amendment - City of Seattle - Central Valley Interceptor Side Sewer Agreement - 06/27/1984 CITY OF KENT MUNICIPALITY OF METROPOLITAN SEATTLE CENTRAL VALLEY INTERCEPTOR SIDE SEWER AGREEMENT THIS AGREEMENT, made as of the �'_ day of 1984 between the City of Kent, a municipal corporation of the State of Washington, hereinafter referred to as the "City" , and the Muni- cipality of Metropolitan Seattle, a metropolitan municipal cor- poration of the State of Washington, hereinafter referred to as "Metro" ; W I T N E 5 S E T H: WHEREAS, the parties have entered into a long term Agreement for Sewage Disposal dated May 18 , 1967 , as amended, hereinafter referred to as the "Basic Agreement" ; and WHEREAS , Metro owns and operates an interceptor sewer within the City of Kent identified as ULID 1 Contract 5 Central Valley Interceptor and delineated on Exhibit A attached hereto, herein- after referred to as the "Interceptor Sewer" ; and WHEREAS the City , pursuant to said Basic Agreement, has the right to make direct side sewer connections to said Interceptor Sewer; and WHEREAS, Metro plans to undertake certain maintenance and repair activities to said Interceptor Sewer; and WHEREAS, the parties desire to make more clear the responsi- bility for maintenance and repair of side sewers and their re- spective connections to the Interceptor Sewer; NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is hereby agreed as follows: Section 1 . Definitions . The defined terms used in this agreement shall have the meanings set forth in the Basic Agree- ment . Section 2. Rehabilitation of Interceptor Sewer. Metro will undertake inspection, cleaning , grouting and testing of the Interceptor Sewer to restore its structural integrity and reduce or eliminate sources of infiltration. Plans and specifications for this work will be reviewed and approved by the City. The City shall have the right to inspect the work and may make re- commendations regarding deficiencies or incomplete work in accordance with the plans and specifications and construction contract . Metro will, in the future , undertake said activities as may be necessary to maintain the structural integrity of the Inter- ceptor Sewer. Section 3 . Reimbursement by the City . The City shall reim- burse Metro for the cost of grouting at the tee connections cur- gently in use and within side sewers. Said reimbursement shall include the contract cost per tee and side sewer plus 10% for contract administration and overhead costs. Payment to Metro shall be made following acceptance of the work and within 30 days from the date of a properly documented invoice from Metro. Section 4 . Responsibility for Damages to Side Sewer Connections . Following completion of the work described in Sec- tion 2, the City will hold Metro harmless from any liability for any damages to any side sewers connected to said Interceptor Sewer up to and including the tee connection regardless of the established or alleged cause of any such damages. In the event of any damages to or failure of a side sewer and/or its connec- tion to the Interceptor Sewer, the City will assume responsibili- ty for its repair or cause others to assume responsibility for its repair. The location of future side sewer connections shall be as proposed by the City subject to the approval of Metro. Section 5. Res onsibility for Dama es to the Interceptor Sewer. Following completion of the work described in Section 2 , Metro will hold the City harmless from any liability for any dam- ages to the Interceptor Sewer regardless of the established or alleged cause of any such damages except for any damages incurred during the act of connecting new side sewers directly to the Interceptor Sewer. Section 6. Payment for Damages Not Prohibited. The provi- sions of Section 4 and Section 5 shall not prohibit payment for damages if both parties determine that said payment is appro- priate. Section 7 . Prior Claims Rescinded. Metro shall cease efforts to recover from the City costs borne by Metro to repair a side sewer connection to the Interceptor Sewer on April 5 , 1982 at 21817 - 84th Avenue South. The City shall cease efforts to recover from Metro costs borne by the City to connect a City sewer to Metro' s Auburn Interceptor at Metro Manhole R18H-24 on December 7 , 1979. Section 8 . Basic Agreement Unchanged . The City shall com- ply with all provisions of the Basic Agreement without qualifica- tion or condition by reason of any provision or interpretation of this Agreement, it being the intention of the parties that the Basic Agreement shall not be affected or modified hereby . IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date and year first written above. City l cif Kent / Attest: Municipality of Metropolitan Seattle Executive irector Attest: ✓� �;Z jSEE SH.6 cv Y �52 EXHIBIT A ' 436` ."153 0 250 1000 FEET 9 _ (SEWERS ONLY) ( SEE S14.1i f42' ( tI GARRISON CREEK INT ±�CONT. 68-10 w �5a j a f32 57-I •�' c v q'� 2 h2: 12 4,13' < �� 393' 57-H, W 41 \ J > J Q \ > 56 A 0 4' �p 404 ui N c 24. S00' 270' 213 12' 130 400' 40d ssa' 357 24• ` I75 Z" e/ / S. I _I M V57 57 57-AA/57.B 5 7 57-D/ 2257 E/ 57 F/ 57 G� l 419' -C � 1 �58 3 ID NOVAK LANE w' -436' T4 �� 74AA• MEAS RISF-I 30' 12 30' / Z / M HAS' 75 6t 14je S. 228th ST. DETAIL � f , cy 72S' NO SCALE i �62 �loi' 3 x �63 ♦ A W1 258' J J i'•~ 64 > ui ` 75♦ R18F-1 65 / NOVAK _ LANE - -4 - 167 41z• \2� i 270\ 315 \ 400' \J49' /\I05'"I 70 71 72 73 70 1/MILL CREEK INT. 66 494' /� SEEJL CONT. 68-12 ' \ ABOVE i SEE SM12 67 69 v N 7 C 1 r A•.1 T Y J F IYI L U O r n\ I T A A. !t A T T l t i85'` 12,, __.____ ULID NO.1-CONTRACT N0.5 KENT