The URL can be used to link to this page

Home My WebLink About1968 - Supplemental Agreement for Sewage Disposal - City of Seattle - 6338704(?) - • ;:■....L■71 )1 Executed irt.:__.....coullP,parts of It this is counterpart 50L18 263 _ rUWICIPALITY'07 SATTLE - CITY OFYITKMA SUPPLL:NTJAL ASnEE:IT FOR S:ACL DISPOSAL THIS AC7.EE;:E:!T made 23 of this .2,3 day of Al A y 1968,, betWeen the City of Tukwila, a municipal. corporation of the State of ';)ashinnton, hereinafter referred to as the "CITY" and the Municipality of.:.'.etropOlitan Seattle, a municipal corporation of the State of Washineton, hereinafter referred to is "METRO", W ITHESSET 11: WHEREAS, as .or September 1, 1966 the parties entered into an Agreement for Sewage Disponal, hereinafter referred to as thc "Basic Agreement", and thereafter embarked upon the performance of the Basic Areement; and WHEREAS, at the time of the execution of the Basic ,Ar,reementit was assured by both parties as a material factor in the neEotiation of the Basic AO.eement that the City's Andover Par. Sewaee PumpinsStation, hereinafter referred to as the "Station", located a the intersection of Andover ?ark '7!ay '::est and Strander Blvd.,Tuk:Ala,:;:asninc..ton, would not be necessary to the operation of the local se•eraxe facilities contemplated by the Basic Arree- ment; and WHEREAS, :•ctro's Tukwila Interceptor is now near comple- tion and It has now been determined thAt contrary to the prior assumption, the operaticn of the Station will still he necessary to the cperation• of the facilities of tr.c City after Metro's Tukwila Interceptor is placed into servf.ce, and that the Station will er7 a natural drainAre areA nf less than 1,000 acres; and wEH:AS, t ortic. ire to settle certain dispute:. whicn nave arise reletive to the renponsitility for maintenance and operation of tr. c. Andover Par:: Sewae. ?unpin:7 Station and aL-ied miste;:e: cr f:ict en the part r the parties durine. the nc:7oti3tion of Lr: Arrcc:nent a5 to the need to pet:tate the ,4J8 264 Andover ruin, inr; St:,Lion after c•',nstruct.lon of the i•ictro Cacilitics; and WHEREAS, the City desires to use the interim force main constructed by ;•4ctro from the Tu :ri1a Lacoon to Strander Blvd. , . and : :etro' is :• :il line to convey such main and to relocate a portion thereof on the conditions set forth in this arreerrent; and WHEREAS, the City desires to defer the final resurfacing c of Strander Blvd. and is willing to assume responsibility for such resurfacing upon payment of an amount equal to the estimated cost thereof; and WHEREAS, the parties desire that an extension of Metro's Val Vue Connection Trunk Sewer be made by Metro on the terms and conditions set forth herein; NOW THEPEFORE, in consideration of the mutual covenants contained herein, it is hereby agreed as follows: 1. At the time retro's Tug :wi le Interceptor as specified in its Sewage Diso•osal Project Contract 'Io. 67 -6 is accepted by the Municipality and placed into operation, F?etro- :•till wive the _City written notice of such event. Prior to the giving of such notice, :Metro shall prepare the Andover Park Sewage Pumping Station for the pumping or the decreased volume of sewage occasioned by the placement into service of the Tukwila Interceptor. Such pre- paration shall consist of chan-lnr the impellers on the pumps in said station. 2. Immediately upon the receipt of said notice the City shall resu ^.e comolet-e resoons' ^" c t; for the maintenance and oper- at'ion or the station. Petro shall have, thereafter, no obli ation or rc;pcnsibilit:: whatsoever for, th ? o- oration, -:aintenanC2, .repair or replarc ^_r'.9nt C' the station and any s`. •_ra -e facilities t.-i u:ar:' thereto. 3. :.•tro shall, thin t' ?.t: days of c'vin- the r� afore- said . total ; -cant or 15,117.70. o::c: , .pay .. „ .. -t ._ 1 - •- • 5008 2E5 retro :II:ill prorTI)y relocrtc on the existin7. City of Tulf'wila casement the portion 'of 10 inch force main ore- ecntlY located on tcmporarY ri,..ht-of-t:ny and Metro shall convoy to the City thc entire 10 inch force mein as so.relocated extending from the Laccien to Strander P.Ivd. It is'reco7nized by both parties tnis force main is not a permanent sewerae facility and fletro mn;ces no wnrranty ns to its useful life or servieettility. Upon the relocation and 'conveyance of said force main -to the City, the City shall have full reSpcinsibility'fOr the maintenance, operation and eventual replacement of said force main'. The City shall there- after have sole and coMplete respontibilitY for'the construction and operation 'ofsewerage racilit1eS adequate to deliver City sewa6e to Metro's Tukwila Interceptor as 'now constructed on Strander Blvd. Metro shall continue to operate_the Tukw4la Sewage Lagoon facilities thrOuh Piay 31;-19613. ' 5.• Pacific. Mechanical TonstruCtors Inc., the contractor presently completinc,conitt-UctiOn Of'the'TukwilaInterceotor under contract No. 67-6 ,A.th-Metrei-:and'Ilnder separate contract with Val Vue District, is required under said contracts-to • . complete the restoration and final-resurfacinr; of Strander Blvd. and .1s now prepared to accomplish Such restoration. To accomodate the City's request that such final renurfacinc be deferred to such time as the City may desire, Metro shall within forty-five days from the date of this arcemcnt CRU3C Pacific ,lechanical Con- structors Inc. to pay the sum of •$9,6h0 to the City, representinr, the estimated cost of completinc such pavinr, under both contracts. The City does heret?, effective uoon receipt -of such funds,. ratific lechbnical Constructors Inc., Metro and Val Vue Dintrict fro' their responsibility for the co:7.pletion er such psvinr. 6. retry sh:111 con:truct the nortion of the va) Trun:: on 1:xhibit A attnched ; -3- - • - • hereto ar.c by t!ii� r.•cerencc r.. r,�' t,rL h ^r.co�. Such portion sh. ;11 be :.o'coIv..truct.c:d as to r•rvmi.t locn1 service connections to be made thereto rrci in considc; ration thereof the City shall pay to t•lctro the cost of constructing .An tt -inch local sewer on such alignment. Uithin 20 days following the first local connec- tion, the City shall pay to Metro the sue, of $23,075 representing the .cost of an S -inch se•,:er.from Point A on Exhibit "A" to the connection with the 2■-inch Freeway Crossing Sewer. Within 30 days following the first local ,connection made to the Val Vue Connection Trunk between Point A and Point 13 the City will pay to Metro the sum of.S5,652. Metro will have and reserve the right to use.the Val Vue Connection Sewer to transport sewage to the Metropolitan Sewerage, System from tributary areas outside the present boundaries of the City. The City shall own, operate and maintain said sewer but in the .event Metro shall use such sewer, Metro shall pay to the City a proportionate share of the cost of operation, maintenance or.replacement of such sewer. Metro's share of such costs shall. be in the same proportion which the area served by -such sewer located - outside the City bears to the total area served by such sewer. At,such time as Metro notifies •the City in writing.that the use of thr! Val Vue Connection is no longer required by t•letro to transport Sewage collected from areas outside of the City, Metro shall thereby relinquish its rights of use and the City shall thereupon pay to Metro that portion of the total cost of construction of`the Val Vue Connection sewer which shall have been -borne by Metro. The City shall promptly issue a street use permit for such construction on the same terms and conditions as the street use permit issued to Metro by the City 'under date of August-21, 1967. 7. In concidcra ion of the payments and the m'itual covenants hereof the parties hereto On hereby mutually release one another from any and all chairs at law or in equity arising out -S- / of any mistakes of fact, alleged rcprc'scnttions or understandings of the parties relative to the 7,ndover. Station and the effect of the Basic Agreement upon the operation of the Station. 8. Except as herein specifically provided, the Basic .Agreement is in no way affected or mortified by this Supplemental Agreement and shall be and remain in full force and effect in accordance with the terms thereof. 9. This Supplemental Agreement merges and supersedes all prior negotiations, representations and agreements between the parties hereto relating to the subject matter hereof and con- stitutes the entire agreement as to the said subject matter between the parties. It1 WITNESS-WIiEREOF the parties hereto have executed this agreement as of the day and year first above written. • "Ike •-.. ;� • /•�k \ All I �•..t. i/ V. •� ATTEe i„ • City Clerk 111..,•..` VIT•• iJ..V., ATTEST: • ,/ ee :.J.iyn SuJ lip: n Clerk of the Council CITY OF TUKWILA Playor 1.1UNICIPAJ.ITY OF METROPOLI:'7 SEATTLE -5- C. C.zrew Cant:ort Chairman of the Council . ) sr: 1 ) On L;1::. /cr".::y.- p- 1;•:::. i.:: rnr:: :....: •