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Home My WebLink AboutCAG1969-001 - Amendment - King County - Mill Creek Relief System Agreement - 04/16/2001 6 ' AMENDMENT TO MILL CREEK RELIEF SYSTEM AGREEMENT BETWEEN THE CITY OF KENT AND KING COUNTY ti THIS AMENDMENT, made as of this day of r•.11 , 2001, between the City of Kent, a municipal corporation of the State of Washington (hereinafter referred to as "Kent') and King County, a political subdivision of the State of Washington(hereinafter referred to as"the County"); WITNESSETH: WHEREAS, Kent and the County are parties to the Mill Creek Relief System Agreement, dated August 20, 1998, and Kent, in accordance with said Agreement, has designed and constructed the planned metropolitan interceptor sewer portion east of Auburn Way North in conjunction with an arterial roadway project along South 277th Street east of Auburn Way North; and WHEREAS, said Agreement identifies the intersection of the South 2771h Street right-of-way with Auburn Way North as the western terminus of the portion of the interceptor sewer to be constructed by Kent; and WHEREAS, the County had planned to construct the westerly portion of the interceptor sewer that would connect the portion east of Auburn Way North with the County's Auburn Interceptor Sewer; and WHEREAS, changed circumstances regarding the construction of the arterial roadway project now make it possible for Kent to construct some of the interceptor sewer, as shown on Exhibit B, that was to be constructed by the County and the parties have determined that it is in the best public interest for Kent to undertake said construction; AMENDMENT TO MILL CREEK RELIEF SYSTEM AGREEMENT- 1 (April S, 2001) (Btwn King County and City of Kent) L, NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: Section 1. Amendment of Section 1. Section 1 of the Mill Creek Relief System Agreement is hereby amended by adding the following paragraph: Kent will also construct a 54" diameter sewer line (hereinafter the "interceptor sewer-phase 2") along South 277 h Street from Auburn Way North to the south edge of the Carpinito Property and from 78th Avenue to its termination on the west side of the Puget Sound Energy Interurban right- of-way as delineated on Exhibit B attached hereto. The County shall be responsible for all plans and specifications for the construction described in this new paragraph. Construction shall be bid and undertaken as a separate schedule within a larger contract, and award of that separate schedule shall also be subject to approval by the County. Section 2. Amendment of Section 6.A. Section 6.A. of the Mill Creek Relief System Agreement is hereby amended to read as follows: Indemnification. To the extent allowed by law, the County shall defend, indemnify, and hold harmless the City, its elected officials, employees and agents from and against any and all suits, claims, actions, losses,costs, expenses of litigation, attorney's fees,penalties and damages of whatsoever kind or nature arising out of or in connection with or incident to any act or omission of the County, its employees, agents, and contractors in the performance of the County's obligations under the Agreement and tlus Amendment. This indemnification provision shall include,but is not limited to, all claims against the City by an employee or former employee of the County or its contractors and, as to such claims,the County expressly waives all immunity and limitation of liability under Title 51 RCW. To the extent allowed by law, the City shall defend, indemnify and hold harmless the County, its elected officials, employees and agents from and against any and all suits,claims,actions,losses, costs, expenses of litigation, attorney's fees,penalties, and damages of whatsoever kind or nature arising out of, in connection with or incident to any act or omission of the City, its employees, agents, and contractors in the performance of the City's obligations under this Agreement. This indemnification obligation shall include, but is not limited to, all claims against the County by an employee or former employee of the City or its contractors and, as to such claims, the City expressly waives all immunity and limitation of liability under Title 51 RCW. AMENDMENT TO MILL CREEK RELIEF SYSTEM AGREEMENT-2 (April 5, 2001) (Btwn King County and C,ty of Kent) Section 3. Additional Sections. In addition to the amendments to Sections 1 and 6.A,the following new sections shall be added to and made a part of the Mill Creek Relief System Agreement to read as follows: Section 9. Auburn Permit. Kent will obtain the permits necessary from the City of Auburn to build the sewer pipeline and will also construct approximately 300 feet of 72 inch diameter sewer across South 277t` Street as described in City of Auburn design drawings for Contract 99-17 South 277s' Street Improvement Project. For and in consideration of receiving this permit and undertaking the work described in this Section 9 King County will pay to the City of Kent$800,000 within 60 days after the permit is obtained. Following completion of the construction described in this Section 9 and acceptance of the contractor's work by Kent,the county shall own and have the sole responsibility to operate, maintain, repair and replace the sewer described in this Section 9. Section 10. Records and Payment. The City will maintain adequate accounts and records,such as field reports,daily logs,payment and other such records, during the term of contract work as necessary to ensure proper accounting for contract funds and compliance with the Mill Creek Relief System Agreement and this Amendment. These records will be made available to the County at its request during normal business hours. The City will issue payment to the selected Contractor based on approved progress payments pursuant to the terms of the contract entered into between the City and the contractor. The City will then tender to the County an invoice for reimbursement of this payment together with a description of the completed work for which payment was required. The County will fully reimburse the City all costs incurred and paid by the City within sixty(60) calendar days of the invoice. Section 11. Field Inspection and Approvals. The County will timely provide, at its cost,those necessary personnel at those times the City deems necessary to conduct field inspection and/or testing of the contract work in Section 1. Section 12. Change Orders. The City will consult with the County representatives and receive their approval before approving any changes to the contract work or contract time for performance for work defined in Section 1. Section 13. Public Bids. The City will award the contract to the lowest responsive and responsible bidder after accepting publicly advertised bids based upon the public bid processes applicable to the City by local ordinance and state law. AMENDMENT TO MILL CREEK RELIEF SYSTEM AGREEMENT-3 (April 5, 2001) (Btwn King County and City of Kent) Section 4. Duration and Termination. This Amendment shall take effect on the date entered above and shall remain in effect until final acceptance of the contract work by the Kent City Council or the termination of the contractor's warranty period, whichever is later, unless extended or terminated earlier by written agreement between the County and the City. Section 5. Except as specifically modified by this Amendment,all other terms, conditions, or provisions of the Mill Creek Relief System Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first written above. KING COUNTY CITY OF KENT c � J9L Bew % Pam Bissonnette, Director Ji te,Mayor Department of Natural Resources ATTEST: APPROVED AS TO FORM: �t'� � LV� Tom Brubaker, Deputy City Attorney ATTEST: renda Jacober, Ci Cl rk P�2�ULIIperkAel W Sp-Auw�Rbx AMENDMENT TO MILL CREEK RELIEF SYSTEM AGREEMENT-4 (April 5, 2001) (Btwn King County and City of Kent) ♦A 1 1 T=I / T 1 / T � / 1 / 1 ` / � T 1 T / r Cf een T Rive r / t l 1 i � 1 + KENT : ? KING COUNTY at cv > a ' v, v . � C / T T / f + W / RO / POSED ; ar inito(BORED) T Property EX.SSMH 3"/ 54' 54" z 54" South ; \277th Street µ 54"ON Railroad PILINGS Overcro Is s _ > y co : i ~' z N r S. ? ?� V � 0 oil C 7 / _ AUBURN = ' / + / � 1 / T / T / -Tr T / j T / + ; t ? Not to Scale SANITARY SEWER TO BE BUILT BY EXHIBIT B THE CITY OF KENT FOR KINCa COUNTY MARCH 2, 2001