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Home My WebLink AboutCAG1969-001 - Supplement - King County - Mill Creek Relief System Agreement - 08/20/1998 CITY OF KENT KING COUNTY MILL CREEK RELIEF SYSTEM AGREEMENT THIS AGREEMENT, made as of the day of AU i IJ LT / lY beriveen 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 (as successor to the Municipality of Metropolitan Seattle) are parties to a longterm agreement for sewage disposal dated May 18, 1967, as amended (hereinafter referred to as the Kent Basic Agreement) and Kent, the County and Soos Creek Water and Sewer District(as successor to Cascade Sewer District) are parties to an agreement dated August 22, 1969 that provides for the joint use and oversizing of certain sewage facilities; specifically,the County's Mill Creek Interceptor Sewer; and WHEREAS, Section 6 of the above mentioned 1969 three party agreement provides for construction of a"relief sewer"or"alternative relief system"at such time as the sewer downstream from the County's Mill Creek Interceptor Sewer approaches its capacity and said downstream sewer has approached or is exceeding its capacity; and WHEREAS, the City of Auburn(hereinafter referred to as Auburn) and the County are parties to a long term agreement for sewage disposal dated March 1, 1974, as amended(hereinafter referred to as the Auburn Basic Agreement) pursuant to which the Municipality of Metropolitan Seattle (as predecessor to the County) constructed certain metropolitan sewage facilities to serve Auburn; and WHEREAS, Section 9 of the Auburn Basic Agreement further obligates the County to construct additional metropolitan sewage facilities at Auburn Is request when such construction is feasible under the test of feasibility then generally applied to all extensions of the metropolitan system and Auburn has requested such a facility; and WHEREAS, the County has planned a new metropolitan interceptor sewer that will provide the relief contemplated in the previously mentioned 1969 three party agreement, satisfy the above mentioned request made by Auburn pursuant to the Auburn Basic Agreement and relieve an anticipated capacity constraint in the County's existing Mill Creek Interceptor Sewer; and WHEREAS, Kent has obtained right of way and is constructing an arterial roadway along 277th Street with its eastern terminus at the intersection of SR 516 and 116th Avenue Southeast and its western terminus at the intersection of Auburn Way North/East Valley Highway and Southeast 277th Street and the parties have determined that this roadway alignment is a suitable and advantageous alignment for a portion of the County's planned interceptor sewer; and WHEREAS, the Kent and the County have entered into an agreement dated APY, 1 z f qqe whereby Kent is constructing a sewer line crossing over the Green River along with a bridge that is part of Kent's roadway project and the parties intend that said crossing become part of the County's planned interceptor sewer; and WHEREAS,the County has determined that construction of the remainder of the planned interceptor sewer in Kent in the roadway project right-of-way can be most effectively and economically accomplished if Kent undertakes the design and construction of the interceptor sewer along with its roadway project; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: Section 1. Construction of Interceptor Sewer. Kent will design and construct a 42" diameter sewer line (hereinafter the"interceptor sewer') along 114th Avenue SE from its 2 intersection with SE 264th Street to its intersection with SE 272nd Street, then west along the right of way for S 277th Street from its intersection with 114th Avenue SE to its intersection with Auburn Way N as generally described in the report entitled"Mill Creek Relief Sewer Planning Study-Final Report"and delineated on Exhibit A attached hereto. Some sections of the interceptor sewer may be less than 42" in diameter if deemed appropriate during final design. Plans, specifications and bid documents for the construction described in this section shall be subject to review and approval by the County. Construction shall be bid and undertaken as a discrete or separate contract, or as a separate schedule within a larger contract, and award of that contract or separate schedule shall also be subject to approval of the County. Section 2. Acceptance of Contractor's Work. Kent shall inspect, control and administer the work in progress. The County shall have the right to review and inspect the work in progress. Prior to final acceptance of the contractor's work by Kent, the County and Kent shall participate jointly in final inspection of the construction described in Section 1 and the County may make recommendations regarding deficiencies or incomplete work in accordance with the construction contract. It shall be the responsibility of Kent to pursue remedies enabled by the contractor's guaranty, and Kent shall pursue said remedies at the request of the County. Section 3. Conveyance of Interceptor Sewer to the County. Following completion of the construction described in Section 1 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 interceptor sewer. Kent shall provide to the County such easements or permits as are necessary and appropriate for the County's operation and maintenance of the interceptor sewer. Section 4. Reimbursement. The county shall reimburse Kent for the total project cost of the work described in Section 1. Total project cost shall include contract construction cost, sales tax, permit fees, cost of easements and rights of way, legal costs, property restoration costs, 3 roadway and existing utility restoration costs, costs of pavement restoration in S. 274th Way, engineering design costs and construction inspection costs. Payment shall be made to Kent, at its sole option, either monthly or bi-monthly within 30 days of receipt by the County of a properly documented invoice. Costs incurred prior to execution of this agreement shall be reimbursed in the initial payment. Section 5. SEPA Compliance. The parties acknowledge that this project may proceed only upon compliance with applicable environmental and permit requirements. If final design of the interceptor sewer results in the need for information or analyses in addition to that contained within the SEPA Determination of Non-Significance issued by the County February 4, 1998, the County will continue to be the Lead Agency for SEPA purposes and will be responsible for the preparation of any additional environmental documents. Section 6. Legal Relations. A. Indemnification. Kent and the County shall indemnify and hold harmless each other, their respective agents, contractors, officers, attorneys, successors and assignees from and against any and all liabilities, damages, claims, demands,judgments, losses, harm, costs, expenses, suits or actions caused by the negligent acts or omissions of the indemnifying party arising out of or in connection with this agreement . B. No Third Party Beneficiaries. In promising performance to one another under this agreement, the parties intend to create binding legal obligations to and rights of enforcement in one another. The parties do not intend to create any legal obligation or liability or promise of performance to any third party. C. Basic Agreement Unchanged. Kent and the County shall comply with all provisions of the Kent Basic Agreement without qualification or condition by reason of this agreement, it being the intention of the parties that the Kent Basic Agreement shall not otherwise be affected or modified 4 hereby. Section 7. Dispute Resolution. In the event disputes or claims arise over the interpretation, administration or effect of this agreement, either party may refer the matter to a committee composed of the Director of King County's Department of Natural Resources or his/her designee,the Manager of King County's Wastewater Treatment Division, the Public Works Director for the City of Kent and the City Engineer for the City of Kent. The consideration of the dispute or claim by this committee, in an effort to reach a solution which reflects the best public interest, shall be a prerequisite to any legal action by either party. Section 8. Termination. The County shall have the right to terminate this agreement upon 30 days notice at any time prior to award of the construction contract. In the event of such termination,the County shall reimburse Kent for all project costs incurred up to the date of termination. This agreement shall otherwise terminate upon fulfillment of the obligations of the parties to each other. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT AS OF THE DATE FIRST WRITTEN ABOVE. KING COUNTY CITY OF KENT Pam Bissonnette, Director J 1M, W Nt i 1T.�MAyO2 Department of Natural Resources ATTEST: APPROVED AS TO FORM: -,*tVVk- C� T" om Brubaker Assistant City Attorney 5 —J ` SR 161 -- 7ul uangnd f�_ i 1 138 WPM uolu� peel uegmielul - - -L -- _.1 04PoN uolBa. MN S 9 JT as _ L WE ._t_NE Y— �F 1 1 -- G .t_NE_ Ll T w m _- [I 104th ve SE r_ _ __ 1. 4thAve E -- ---—_ I 108th Ave SSE - - J_ JJ —h 1 21 AvE J ----_ -- fi T 3S - -- ��cn A --_-_ _ Av SE - _ 124th ve SE O. t - F __181ndAveCD - - � er 'g p yg N4 trny� 61 ! dR o 7, �T � is& gCp E m 11 % Y Q f b f0