TIC 2017-05-23 Item 2C - Agreement - 42nd Avenue South Phase III (Southcenter Boulevard to South 160th Street) with King County Water District #125

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INTERLOCAL AGREEMENT BETWEEN KING COUNTY WATER DISTRICT NO. 125 AND THE CITY OF TUKWILA REGARDING UTILITY RELOCATION THIS INTERLOCAL AGREEMENT ( "Agreement ") is made and entered into by and between King County Water District No. 125, a Washington municipal corporation ( "District "), and the City of Tukwila, a Washington municipal corporation ( "City "), (individually a "Party" and collectively the "Parties "). WHEREAS, the Tukwila City Council has authorized the 42nd Avenue South Phase III (Project No. 99410303) improvement/transportation project in an area with mixed zoning, both high and low density residential; and WHEREAS, the City intends to construct storm drainage improvements within the right of way of 42nd Avenue South as part of the Project; and WHEREAS, Tukwila has determined that its street improvement project is a public project and will necessitate the relocation and new construction of District utility infrastructure located within the boundaries of the project; and WHEREAS, the District has a water main and appurtenances located within the right of way of 42nd Avenue South that conflict with the planned alignment of the City project; and WHEREAS, the City requires that the District relocate existing utilities at District cost when planned City roadway infrastructure conflicts with District infrastructure; and WHEREAS, it is mutually beneficial to both Parties to have the utility relocation and project construction take place concurrently utilizing one contractor to reduce overall costs and traffic related impacts; and WHEREAS, the Parties desire to have the City serve as the lead agency for the project to provide final design, advertisement, award, construction, inspection, and contract administration for the project. NOW THEREFORE, in consideration of the terms and conditions contained herein, the Parties agree as follows: AUTHORITY This Agreement is entered into pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act. PURPOSE The Parties agree to engage in a joint project that will construct street, utility and culvert improvements along 42nd Avenue South as described generally in the plan set titled, "40th -42nd Avenue South — Phase III, Project No. 99410303 and 99341208, dated March 17, 2017" which are hereby incorporated herein by this reference and made part hereof ( "Project "). W: \PW Eng \PROJECTSW- RW & RS Projects \42nd Ave S Phase III (99410303 94 -RS03) \Design \90% \COT - KCWD #125 - Interlocal Agreement 42nd Ave S Final.docx -1- 26