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HomeMy WebLinkAbout03-01-2004 ITEM VIII-B-1...J CITY OF », ;;;aa sr=€wy" . . . . . . . . . . RON AGENDA BILL APPROVAL FORM .. OF " WASHINGTON Agenda Subject Date: Resolution No. 3660 2/18/04 Department: Attachments: Budget Impact: Public Works Resolution No. 3660 To be determined Administrative Recommendation: City Council adopt Resolution No. 3860. Back round Summa : The City of Auburn Is Sewer Utility is seeking the replacement of the Auburn Way South sanitary sewer conveyance system (AWSCS). The Muckleshoot Indian Tribe contributes wastewater flows into this conveyance facility. The City and the Tribe have an existing agreement that allows the Tribe to utilize Auburn's facilities for wastewater conveyance with the understanding that the Tribe will assist in the replacement and upsizing of the conveyance facility in the future, together with annual maintenance costs associated with the AWSCS. This new agreement commits the Tribe to pay 50% of the project costs for the replacement and upsizing of the AWSCS. It also outlines what capacity within the segments of the project that will be available for each party and outlines the desire of both parties to establish the Muckleshoot Indian Tribe as a King County component agency. W030'1-8 04.0.'1 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ®Public Works ❑ Human Resources ❑ Police ❑ Planning Comm. ❑ other ® Legal ® Public Works Action: Committee Approval: Council Approval: Referred to Tabled ❑Yes []No ❑Yes [:]No Call for Public Hearing Until 1 1 Until 1 1 Councilmember: Wagner Staff: Dowd Meeting Date: March 1, 2004 Item Number: VI11.6.1 AUBURN * MORE THAN YOU IMAGINED RESOLUTION NO. 3 6 6 0 A RESOLUTION OF THE CIN COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE MUCKLESHOOT INDIAN TRIBE FOR THE CAST SHARING IN THE REPLACEMENT AND MAINTENANCE OF A NEW WASTEWATER CONVEYANCE FACILITY CONVEYING WASTEWATER FROM MUCKLESHOOT INDIAN TRIBE PARCELS LOCATED OUTSIDE CIN LIMITS TO KING COUNTY CONVEYANCE AND TREATMENT FACILITIES WHEREAS, both the City and the MIT are agencies qualified to engage in furnishing sanitary sewer service within their approved service areas; and WHEREAS, the King County Department of Natural Resources, Water Pollution Control Division is engaged in developing and operating a regional sewage disposal system and the City and the MIT are engaged in developing and operating a sewage collection system; and WHEREAS, the -City and MIT intend to replace the Auburn Way South Sanitary Sewer Conveyance System (hereinafter AWSCS); and WHEREAS, the replaced AWSCS is the subject of this Agreement, and is intended to be consistent with applicable law and comprehensive planning for. sewage disposal; and WHEREAS, the MIT desires to provide sewer service only to customers within the M IT's approved sewer service area; and WHEREAS, Aubu rn's existing wastewater conveyance faci 1 ity surcharges and requires improvements to allow for additional flow capacity and • and the damages associated with said avoiding potential overflow of sewage g 9P overflows; a n d rwwwwwr�rwwwrwwww r . Resomion No. 3660 2113104 Page 1 of 3 WHEREAS, the MIT desires ownership of a portion of the capacity within a sanitary sewer conveyance facility extending from that portion of the �y City's MIT service area, outside of the Ci 's service area, into King County's wastewater conveyance system; and g WHEREAS, this agreement shall supersede the existing Auburn -- MIT sanitary sewer Agreement, executed in accordance with City ordinance No. 4967; and. WHEREAS,to provide wastewater conveyance and ownership • • • • nits sewer facilities that extend from the respons�b�l�t�es of the public sanitary ' area along boundary of the City's service a g Auburn Way South to King County's conveyance facilities at the 'corner of 17th Street SE and K Street SE, it is necessary that this agreement be entered .into between the City and the MIT, establishing the rights and duties of .the parties; and WHEREAS,the Muckleshoot Indian Tribe, and the City of Auburn are • into this Agreement under the authority of their respective authorized to enter g • the authority of Chapter 39.34 RCW, ' the enabling legislation and under tY 9 Interlocal Cooperation Act; and WHEREAS, the MIT received approval from the Bureau of Indian • "far this agreement, pursuant to Title 25, Affairs, hereinafter referred to as BIA , 9 . • Code,- or the BIA has determined and so informed the Section H'I , of the U.S. C , ' not required under 25 USC 81. MIT that approval of this Agreement is q NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASH I NOTON, HEREBY RESOLVES as follows: Section 1, The Mayor is herebyauthorized to execute an interlocal agreement with the Muckles hoot Indian Tribe, in substantial.. conformity with the Resdutfon No. 3660 2/13/04 page 2 of 3 agreement attached hereto, marked as Exhibit land incorporated herein by this reference. authorized to implement Section Z. That the such other Mayor is • may be necessary to carry out the directives of administrative procedures as y ry this legislation. ' Section 3. That this resolution shall take effect and be in full force upon passage and signatures hereon. DATED and sg signed this day of December, 2003. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk •■■���;Ir"moi = Daniel B. Heid, City Attorney Resolution No. 3660 ?/"13104 Page 3 of 3 EXHIBIT 1 AUBURN - MUCKLESHOOT INDIAN TRIBE SANITARY SEWAGE AGREEMENT. (Auburn Way South Sanitary Sewer Conveyance System), For the construction, ownership, and maintenance of the sanitary sewer conveyance facility that provides service to Muckleshoot tribal property located outside of Aubum's municipal limits to King County's wastewater conveyance and treatment facilities. This Agreement is entered into in King County, Washington, between • a municipal corporation under the laws of the State of the City of Auburn, p p Washington, hereinafter referred to as the "City" and the Muckleshoot Indian Tribe • , a federally recognized nized Indian Tribe located on the Muckleshoot Indian Reservation, hereinafter referred to as the "MIT" WHEREAS,Yboth. the Cit and the MIT are agencies qualified to engage in furnishing sanitary sewer service within their approved service areas; and welfare and safety WHEREAS, the public health, Y of the residents of the City • , the MIT and the residents of their service areas require the elimination ' sources of water pollution and the preservation of the fresh water of potential s resources of the area; and WHEREAS, the Kin Count Department of Natural Resources, King Y p Water Pollution Co ntrol Division, hereinafter referred to as "King County", is in and operating a regional sewage disposal system and engaged in developing p g � • . the City and the MIT are engaged in developing and operating a sewage collection system; and WHEREAS, consistent with the standards -prescribed by the State of Washington • , DepartmentEcology, of Ecolo , hereinafter referred to as "DoE", for the ' of sewage effluent within the State, the City and the MIT collection and disposal g improving a are isanitarysewage conveyance system that conveys wastewater from the MIT and the Ci service areas to King County's facilities, and WHEREAS, the city and MIT intend to replace the Auburn Way South Sanitary SewsConveyancer (hereinafter AWSCS); and replaced AWSCS . is WHEREAS, the .the subject of this. , and is intend Agreement, ' ed to be consistent with applicable law and g � I• comprehensive planning for sewage disposal; and p Exhibit ------------------------ Resolution No. 60 Page 1 of 19 r WHEREAS, the MIT_ desires to provide sewer service only to customers within the MIT's approved sewer service area; and WHEREAS, Aubum's existing wastewater conveyance facility surcharges and requires improvements to allow for additional flow capacity and avoiding potential overflow of sewage and the damages associated with said overflows; and WHEREAS, the MIT desires ownership of a portion of the capacity within a sanitary sewer conveyance facility extending from that portion of the MIT service area, outside of the City's service area, into King County's wastewater conveyance system; and WHEREAS, to provide for the conveyance and disposal of sewage conveyed to King County from properties located within City's service area and from that portion of the MIT service area located outside of the City's service area, the two parties are entering into contracts with King County; and WHEREAS, this agreement shall supersede the existing Auburn — MIT sanitary sewer Agreement, hereinafter referred to as the "1 997 Auburn MIT Agreement" executed in accordance with City Ordinance No. 4967; and WHEREAS, the City and MIT are entering .into this Agreement, on a . government to government basis, with the intention of cooperatively -and equitably designing, and constructing the AWSCS and thereafter assuring that its operation meets the needs of the parties, as more fully set out in this Agreement; and, WHEREAS, to provide wastewater conveyance .and ownership responsibilities of the public sanitary sewer facilities that extend from the boundary'of the City's service area alonp Auburn Way South to King County's. conveyance facilities at the comer of 17 Street SE and K Street SE (the King County M Street Trunk Line), it is necessary that this agreement be entered into between the City and the MIT, establishing the rights and duties of the parties; and WHEREAS, the MIT has determined and so informed the City that approval of this Agreement is not required by the Bureau of Indian Affairs under Title 25, Section 81, of the U.S. Code.. NOW, THEREFORE, in consideration of the mutual covenants contained herein and in order to -provide a connection between the. City's, the MIT's and King County's wastewater conveyance facilities, IT IS'HEREBY. AGREED AS FOLLOWS: Exhi 1 ------- ........................ Resdudon No. 3fifi� Page 2 of 19 I. SEWAGE FLOW CAPACITY planning 1.1 MIT's comprehensive p g has determined that the portion of MIT service area located outside of Auburn's municipal city limits (south of .the south section line. to Section 27, Township 21, Range 5)will require a maximum p p eak ca acit' of 7.85 CFS within the AWSCS. Y ' comprehensive planning has determined that the 1.2 The City's comp p g .. � „ • capacities within the AWSCS are as set. out in Exhibit A . City s maximum peak p . be sized to convey the M IT's and the City's combined The AWSCS shall Y • maximum peak capacities acities consistent with this Agreement. A table listing the • capacity requirements for the AWSCS is provided in Exhibit "A", a copy of which is attached hereto and is incorporated herein by this reference. 2. MIT/CITY RELATIONSHIP FOR WASTEWATER CAPACITY AND NATURE OF PARTICIPATION and Participation: The MIT and the City s 2,1 Ownership a hall each p �� „ capacity of the AWSCS as shown in Exhibit A . MIT own a portion of the p y affirms that the City shall have the administrative role for the implementation of he Cit affirms that MIT may, in its discretion, maintain active the AWSCS and t y . ` ' in the implementation consistent with the terms of this Agreement participation p andt equity uit provided by the MIT to the AWSCS project. q ownership: The respective capacity 2,1.1 Nature of capacity p f the MIT and Ci in the AWSCS shall be determined by ownership interests o City the maximum capacity it contribution that each makes to the AWSCS, as noted in • • " T and Cit have agreed on wastewater conveyance capacity Exhibit A . The MI y g • • specific locations aloe the sections of AWSCS. Those maximums at sp g . . �; . maximum capacity estimates are set out in Exhibit A . Until changed by p arties the capacities set out in Exhibit "A" shall mutual agreement of the p p ownershi under this Agreement. The parties will share govern the capacity equally in the project costs.2.1.2 Additional Capacity: Should either party desire to increase • capacity in the AWSCS beyond the maximum capacities set [u its respective cap tY . • seeking the additional capacity shall be responsible for In Exhibit A, the party g the facilities necessary to provide the additional the casts associated with . • ' may rent assign or convey to -the other a. portion of the capacity. Ether party y 9 , • as set out in Exhibit A if a party has no. need for the capacity that a party has . • conveyance of capacity may be for an agreed period or may be a capacity. .Any convey p tY Y . p � capacity to the other transfer. If a art does convey a portion of its caps ty permanent t party Y papartieson fair compensation for the transferred capacitye gree � the shall a art may take an . absence of an agreement between the parties, no party y Y In the able g Exhibit 1...,................... Resolution No. 3660 Page 3 of 19 ' to itself an of the unused capacity that action that would use, or appropriate Y n the , AWSCS• nor take any action that would limit,-. the other party may have ' � ' ' i ht of the other party to fully use the full reduce or in with the ability or r g . • his Agreement. The right held by both that the party awns under t g . capacity F rests �n the AWSCS shall this Agreement to use its full ownership interests partes to g not ba subject to modification under Section 10. •The City's maximum capacity and the MIT'.s 2.1.3 Total Capacity. y •Ito 1 oD°/n of the AWSCS capacity. Any maximum capacity shall be equal AWSCS due to pipe sizing shall be owned remaining excess capacity within the . g contributions determined b the parties based upon their respective percentage �i y p n Exhibit A . from the maximum capacities as set out i • Representation: The City and MIT will each 2.1.4 City and MIT • be assisted. b other employees and/or si nate a representative who may Y • . deg participate as provided under • dvisors to assure that each may fully p + p . project a • representatives and advisors will work to minimize areas this Agreement. The p d as far as • d to resolve all implementation issue , of dispute, an s as- they arise and, resolution provisions of this passible, minimize the need for recourse to disputep this - Agreement*, Responsibilities: For purposes of this 2.2 Project Costs and p reed u on a lan as outlined in Exhlblt . Bement the M!T and City haveag p p . Agr �e needs of bath the City and MIT. "All e upgrade of the AWSCS to meet th A ,far th pg considered as Project 'recti attributable to the AWSCS shall be Only costs. directly attributable to the • • • res onsibilities, and costs not directly a Casts, Activities,. p of be included in the to be considered Project Costs and shall n AWSCS are not . allocation of costs under this Agreement. The parties have agreed to share . 2,2.1 Allocation of Costs: p � -required i red tau rade the AWSCS. The capacity equally in the casts q pg u�� •q Y�n Exhibit A . Project ' in the upgraded system is as noted each party wEll have , pg engineering, �, cation include the fallowing. design Casts subject to altad other. in ins ection, contract administration services, an . construction, perm�tt g� p ible for a ment ' b the parties. Each party will be responsible p Y cost Mems agreed to y p its d costs for ' actual agreed. .costs. An estimate of the agree of share of the 9 rred b the Ci • "A". .The following costs encu y tY each segment �s set out �n Exhibit • g shall be included �n the allocated costs riot to the execution of this Agreement p cost allocation formula set out in this between the parties, subject to the section: Consoer Townsend Env'rody ne Engineers, Inc. for Section B design �g plans and a preliminary design . i n far the entre AWSCS, $276,585-160 JKW!.1.................M.��r�. Resolution No. 3660 Page 4 of 19 Pentec Environmental, Inc. for a wetland assessment for Section. B's proposed alignment, $3,499.75. p g 2.2.2 Invoicing and Fund Distribution: The City shall provide to .the MIT ani design, for the desi n, construction and project management- and inspection work of the AWSCS done pursuant to Section 2.3 of this Agreement. The MIT shall provide for a fund transfer of the MIT's share of the invoice amount to a financial institution of the city's choice within 5 calendar days of the date that the MIT receives the invoice. To the extent that the MIT disputes. the amount, , of the invoice, or whether the contractor the .work performed is in conformity g rmit with this Agreement and the approved contract documents, that dispute shall be resolved under Section 19 of this Agreement. Interest of -.5% shall be added to an invoice. that is 39, days past due and found to be properly owed. 2. 2.3 Alternative Invoicingand Fund Distribution: At the option of it may elect to receive the MIT share of the design, construction, the city, y project management work and inspection of the AWSCS done pursuant to p ) g Section 2.3 and this section, but not under Section 2.2.2. The city shall make election in writing to the MIT at the same time that the design or construction its 9 contracts to designior build each segment of the AWSCS s executed by the City. Once the Cit makes election it may not change its decision during the .design or construction of the segment awarded without the consent of the MIT. (a) Prior to letting of the consultant contract or the p request for bids and upon notification by the City that the City has committed p funds to Y meet its payment obligations under this Agreement, the MIT shall deposit their share of the ' estimated project costs into a bank account that can draw from to a for work related to the AWSCS segment being Auburn pay constructed or the consultant contract. The parties agree that costs incurred in design and construction of the AWSCS will be paid equally by the City and MIT as the costs are incurred, except as otherwise set out in this Agreement. once p funds are deposited into this account they will be unavailable for MIT until p rod qct completion or if the project is terminated eary, upon termination. The account will earn interest for the MIT. Payment from this account does not guarantee MIT approval or waive the MIT's right to protest any expenditure by the City. (b) MIT approved contract changes may require additionalp funds be deposited into this account to ensure sufficient funding to support MIT's p g onion of said change, Account adjustments shall occur within 10 calendar days of MIT approval for said change. (c) To the extent that the MIT has provided construction in unex of ended at the end of the construction of a segment funds that remain p . ExhiO4.1 ........................ resolution No. 3660 Page 5 of 19 - the AVIJSC any remaining remainin funds shall be carried forward and shall be used to fund a portion of the MIT's share of a subsequent section. When the entire.. AW SSS is completed upon termination if terminated early with funds p or p remaining ' in the MIT's account, those funds, with accrued interest, shall be refunded to the MIT. The Cit shall provide periodic reports, no less frequently than quarterly on rl the expenditure of funds for the project, as noted in Section p 2.2.4 and at the completion or termination of each segment a final accounting of the funds expended will be provided. (d) To the extent that the parties to this Agreement have p a dispute with respect to invoices, the reasonableness of costs associated with a segment or other matters related as a party's duty to fund, that dispute shall solved under the procedures set out in Section 10 of this Agreement, be re 2.2.4 Final Accounting: The City shall provide periodic reports, no less frequently fre uentl than quarterly on the expenditure of funds for the project, as noted in Sections 2.2.1 and 2.2.2. At the completion or termination of each segment nt the Ci will provide a final accounting of the funds expended, Construction Contract Development: 2,3 Design and Con The City shall be the cog g contracting agent responsible for managing contracts with design and construction professionals consistent with the terms of this agreement. and applicable laws. Direction to the consultant and contractor shall be through the City, which is the contracting party. 2.3.1 Reviews: The MIT shall have the opportunity to participate • review and approval of: (1) the selection of any consultants, contractors, �n the pP consistent with an bid documents and bid procedures, and the development of their corresponding contracts for work to be paid by allocated funds under this •(2)documents (including any intermediate designs that Agreement, and desi n design require a bid documents, construction plans, budgets, sequencing. approval) changes, schedules,project ro'ect s p ecifications, and similar documents. MIT • a roval s shall take place prior to the time that such review(s) and pp � } document(s) Y are considered final b the City and prior to the time that such documents are Y Y submitted b the cit to the contracting party for signature. The shall work cooperatively to assure that all relevant comments are partes p considered in the contract development process . MIT shall provide its approval, disapprovalq disapprovalcomments, or notice of its intention to waive its rights to . 1 calendar days of the date that the documents are submitted approve within a Y for MIT review and approval. Failure to respond in the time set out in this section shall pp constitute approval of the document. Once MIT approval is. granted, no,further er chan es to the contract shall be allowed without further. .concurrence between both parties. Eihit 1 _ - __.__.. Resolution No. 3660 Page 6 of 19 2.3.2 Correspondence and Meetings: The MIT shall receive pertinent copies of project correspondence and may, at its option, audit the. p p ro!. City's project file and participate in any matter relating to the project including schedules, project meetings, project reports, change orders, claims, pay works � p � estimates, billings, project close out, provision for continuation of services, and 1 matters. The Cit shall inform the MIT of all progress and design related Y meetings s with the consultant/contractor and MIT may, at Its option, attend these meetings. The MIT may contest any billing as -not being consistent with applicable contract documents or the terms of this Agreement and take any .Pro s rens meetings actions necessary to protect its interests if claims are filed g g established regularly but no less frequently than monthly to confer- on.the well be est g Y cons project 'ect and any other aspect of the AWSCS project. To the extent 1 that .the MIT believes that the City is not complying with the terms of any construction contract or the terms of this Agreement and the dispute -is- not resolved, either part seek to resolve the dispute under Section 10 of this. y may Agreement. 2,3.3 Scheduling: proposed lin : The construction sequencing for improvements to the AWSCS is as identified in Exhibit A. Approval of this confirms the arties' agreement with the sequencing and grants the Agreementp City authority to begin processing bills for funds expended on .the design of the AWSCS consistent with the provisions set out in Section 2 of this Agreement. To the extent the parties are unable to reach agreement or any party believes the other is actin inconsistent with the terms of this section, the dispute. shall be resolved under Section 10 of this Agreement. 2. 4 Actual Construction: The City shall be responsible for the actual construction of the AWSCS, paying all construction related costs consistent with the c onstruction/bid documents and assuring that construction of each segment is comp pursuant ursuant to the contract terms and consistent with the terms oftg his Agreement and Exhibit "A". The City shall be responsible for preparing record drawings and providing one full and complete copy to the MIT ' calendar days of final project acceptance by the city. The city shall within 90 Y normal 'contracting rules, procedures, and standards as commonly follow g .. . the public works industry, except as might be modified by this accepted by p rY Agreement. 2.4.1 Project 'Monitoring: The Cit shall be responsible for g Y monitoring construction, and shall assure that all contractors, subcontractors i men are aid and an liens are discharged as required in the and materia p Y . ` contracts or b operation of law. MIT shall not be liable for any respective � Y p cost, ex or expense liability associated with the failure to pay any contractor, p Y subcontractor or material man. Exhibit.t........................ Resolution No. 3660 Page 7 of 19 The MIT shall have access to the project site at all times that p construction operations are underway for the purpose of monitoring the project progress and ensuringcompliance with contract documents and the terms of i Agreement. The MIT shall follow appropriate safety this requirements for g construction zones and shall report any concerns to the-city Project Manager or Project Inspector consistent with Section 2.3. P 2.4.2 The city shall indemnify. MIT against any loss, cost or expense arising out of any action brought against MIT seeking payment for p g work done on the AWSCS based on a contract that is not approved by MIT. g 2.5 Contract Changes: The city may, without MIT prior concurrence, approve changes for consultant and construction contracts up to 5% of original contract costs. The 5% of an approved construction contract may be set out in any one segment as either, (a) minor changes (individual changes under $5,000 each), line item uantit changes (changes to a line item quantity on the bid (b) quantity form), or as (c) a change order (if the individual change exceeds $5,000). .Changesin bid quantities, minor changes, or change orders shall all be brought to the M IT's attention no later than the next scheduled progress meeting City between the Ci and MIT. A description of the change along with an explanation for the change shall be supplied to the MIT for its concurrence. If MIT determines that the change was not proper it may refuse to pay that n of the cost of the change that would otherwise be allocated to the MIT. portio g. . If the parties do not agree on this issue then the issue or disagreement shall be p g resolved under the procedures set out in Section 10. Contrast changesexceeding 5% of the total contract estimate shall g require Pp ire cit and MIT approval prior to implementation. All changes that require pp City council approval shall also require MIT approval without regard to the amount. City and MIT shall provide' their approval, disapproval, comments, or notice of its intention to waive its rights to approve within 15 calendar days of date that the change is submitted in writing to each of the agencies. Failure the g to respond and in the time set out in this section shall constitute approval of the document. 2.5 Final Inspection: Every contract let to construct,. modify, or air the AWSCS shall provide for a final inspection of the work done prior to rep any fin payment a ment under the contract or the release of any funds held back. The City shall take the lead in providing a final inspection. The MIT shall be- y p informed of an final inspection or testing events at the time of scheduling, or 5. calendar p an ar days prior to scheduled inspection, whichever is the shorter. The Y MIT may a p p p provide input and options, on the methods and means to be used to Exhibit.1 ..................... Resolution No. 3660 Page 8 of 19 •inspect the completion om letion of each -segment; the entire AWSCS; and during the life eement an repairs- or modifications done to the AWSCS. The MIT, ­ in of this Ag r y p • 'on may artici ate in or monitor the final inspection. If the parties �n its discretion, y p p cannot agree on the methods and means of any final inspection the dispute e resolved under the procedures set out in Section 10 of this Agreement. shall b 3. OPERATIONS AND MAINTENANCE d Maintenance 3.1 operation an Duty: The city shall be responsible for undertaking akin all the routine operation and maintenance associated with the AWSCS. Routine operations and maintenance shall consist of inspection and cleaning of g the trunk line together with the activities set out in Exhibit "I:3. - The MITs duty to contribute to operations and maintenance shall commence when King the MIT and Kin County execute the Agreement set out in Section 4. 3.2 MIT Contribution: MIT's maximum obligation to contribute p towards the operations and maintenance set out in Section 3.1 shall be hundred dollars er year. This fee shall be payable within the $500.00 (six � p month of January Y of each year. The MIT shall have no other financial obligation tp o fund operation and maintenance set out in Section 3.1.The MIT shall begin makingthis contribution upon the establishment of the MIT as a King County Component Agency om onent A for the conveyance and treatment of Y wastewater flows to Kin county. This fee shall be reviewed after 15 years g from the date of this Agreement. If an increase in the annual fee is determined justifiable then the city and the MIT shall negotiate the new fee. 3.2.1 In order to measure MIT wastewater volume and MIT shall install and maintain a flow meter to be .located at the contribution, southern term inus of the AWSCS. The meter shall have a totalizer that records. the volume 0f y quantifying wastewater conveyed to the AWSCS. This meter shall be used inMIT wastewater flow into King County's system. 3.2.2 If requested b MIT, the City. will install, at the city's expense and at a .location designated by the MIT, a temporary flow monitor to • cumulative Cit and MIT flows in the conveyance piping* sufficiently capture the y The meter will be installed at a frequency not to exceed once every 20 months. hall have three months to establish the meter upon receipt The City s of written request by the MIT. All information concerning the flows from said meter shall he MIT. An information provided from King County to City be provided tot y . concerning the flows from the AWSCS shall be forwarded to MIT for their records within 15 calendar days of receipt. 3.3 Extraordinary Repair: Should the AWSCS require additional' repair or m or maintenance upgrade over and above the routine. maintenance pg Exh i hit.1.................. Resolution No. 3660 Page 9 of 19 described in part 3.1, in order to meet the requirements of the MIT and city, and where the need for maintenance is not caused by the negligence of either Y party, the Cit and MIT shall meet together to agree on the nature and cost of repair or upgrade. Upon reaching agreement on the nature. the p pg and costs of the repair, each party shall contribute to the repair and/or upgrade in the same p percentage a as each contributed to the construction of the AWSCS. The City may complete repairs without concurrence. from MIT where the failure to p . immediate/ complete the repairs would create a public health hazard caused Y a b the release of wastewater outside of the sewer system. When the City acts Y without the concurrence of MIT, the City shall document the reasons for such repair and costs. MIT may contest the need for the emergency repair and or the amount expended. If the parties are unable to reach agreement on the nature of Extraordinary Repairs, the costs associated with such repairs, or any dispute than resolution will be sought under Section 10 of this Agreement. 3.4 Coordination of Operation and Maintenance: The parties shall- each hall-each name one .representative to coordinate operation and maintenance matters rs and to serve as a medium of communication on such matters. The representatives shall meet at least monthly to examine and agree on maintenance schedules, cost items and similar matters relating to the operation and maintenance of the AWSCS. Neither representative shall have the power to bind or commit a party to costs that exceed the operation and maintenance fund established in the 'Agreement. Disputes_ shall be resolved under the procedures set out in Section 10. 3.5 Effective Date: The duty of the MIT to contribute to Extraordinary p rdina Repairs under Section 3.3 shall apply only to those segments of . e AWSCS that are replaced under this Agreement and only when the the replacement is complete. The MIT shall not be responsible for the cost of ordinary repairs airs and maintenance under Section 3.1 on Segments of the p AWSCS that have not been replaced under this Agreement where the cost of ordinary maintenance and repair is related to the age of the AWSCS extant as ord ry . of the date of this Agreement. 4 SEPARATE AGREEMENT BETWEEN KING COUNTY AND TRIBE. 4.1 The MIT shall execute a separate interlocal agreement with King County 9 for Kin County's conveyance and treatment of the M IT's wastewater. 4.2 The MIT shall be governed by the existing conditions of the Auburn MITAgreement for wastewater conveyance established with the 199? A city i as noted in Exhibit "C", a copy of which is attached hereto and s incorporated herein b this reference, until an agreement is established between the MIT and King County for the conveyance . and treatment of Eihit_1........................ ReWufion No. 3660 Page 10 of 19 Upon the establishment of said agreement with King County the wastewater. UpO Operation and Maintenance fees as set out in Section.. MIT shall begin paying 3.2 of this Agreement. 4.3 Upon the establishment of said agreement with King County the City shall proved e the MIT with a final monthly sewer :bill based upon all the facilities that facilities have connected to the sanitary sewer pipe that drains into Auburn. The MIT shall supply I documentation detailing all of the MIT connections to the wastewater conveyance facility. nt, Section 5.1 of the 1997 Upon the execution of this Agreement, 4.4 p . all not I and the MIT may continue to move wastewater Agreement sh apply, . tin and when completed new AW SCS without regard to the through the existing P p number of MIT hook-ups or the source of the wastewater so long as the meets the standards set out in the 19.97 agreement and capacity wastewater WSCS if WSCS is not exceeded. Prior to the completion of the A , within the A . • existing AWSCS is exceeded then the MIT shall be required capacity within the e g to delay the peak eak flows until off-peak hours or until the problem lines are repaired • . For the purpose of this Section 4,4 off-peak hours shall be defined as p weekends and anytime except 5:30 AM to 5;34 PM. parties agree'that upon establishment of the MIT as a King 4.5 The p g p . ter agency, the MIT will no longer -be subject to any City fees . County wastewa 9 y, .. including but not limited to monthly service fees and new connection system development charges, u n less otherwise noted in this Agreement. All fees • conveyance, treatment, and disposal of wastewater shall be associated with y , • un directly to the MIT except the maintenance- and billed from King County Y operational costs outlined in Section 3.2 above. Kin Count capacity charge shall continue to be billed 4.5 .1 The g Y P Y • MIT from KingCounty for new connections to the sanitary sewer directly to the system. 5. WASTEWATER COLLECTION LIMITATIONS IT agrees to limit its local sanitary sewer service area for 5,1 The M g sewer connections to Indian lands located on or near the MIT. Reservation service area as defined as of the effective date of located outside of the City's this Agreement. This region ion is consistent with the area used to -define the peak flows noted in Exhibit "A". 5,2 The capacity re y required b the Cit for the AWSCS shall provide q Y service area based upon within the City's approved service to those properties Y. • future growth rojections, and topographical features. existing zoning, g p Exhibit_!------------------ ------• Resolution No. 60 Page 11 of 19 5.2.1 Nothing thin in this Agreement is intended to apply City zoning to MIT owned lands within the City. Y Y g 5,3 The MIT and Cit may agree in the future to add MIT land located within the City's ' service area to the MIT's service area. If the MIT and the City so agree, p p the respective Operation and Maintenance obligation of the parties set out in Section 3 shall be adjusted. 6. WASTEWATER OPERATIONAL LIMITATION City g 6.1 The MIT and Ci agree to maintain soluble hydrogen sulfide City 's and M IT's wastewater below 0.5 ppm over a six -hour levels in the C y provide chemical addition to its wastewater infrastructure if average. Each will p i . . • ' d to be creating a corrosive environment. In addition, the sulfide is determine g parties shall requirepretreatment retreatment of industrial wastes to King County standards and shall req grease require traps to be installed and maintained by all restaurants. p a collection and enforce all sewage 5.2 The MIT and City shall g ' m wastewater quality standards required by King County transmission system q tY f Natural Resources and Parks, Wastewater Treatment Division Department o and/or the EPA, as applicable, a licable for all wastewater discharged into the AWS CS. the Cit imposes additional limits on sewage that may be To the extent that y p , , . City's sanity sewers stem, those additional limitations shall accepted into the Ci y sanitary Y o long as the(a)address the quality of effluent accepted into a I to the MIT s g Y . apply rued b the Ci either directly or system; and(b)apply to all customers se y tY : 'the y .. that prior to the imposition of any limit, the City shall by contract. Provided, p p and provide assurances to the MIT that any change will not confer with the MIT p . 'se limit existing MIT services. Provided further, the city may. affect orotherwi g , additional limit that would affect the right of the MIT to fully not impose any add . cit ownership rights in the AWSCS, or that would be inconsistent utilize its capacity . , p g r • • ions and limits set out in this Agreement. The MIT shall with the express proves • one such sewage collected or received by the MIT as is deliver to the AWSCS y g . • rules and standards set out in this section. The MIT shall in conformity with the u . . e or wastes from an person, firm, corporation, or other entity not accept sewage Y . • its service area boundaries, without written consent of that is located outside of it the City. Should the MIT or the Ci at any time suspect .that the wastewater is • dards the art suspected of being in violation shall not meeting these Stan party make every effort to locate and eliminate the source of contamination. the AWSCS resulting from wastewater from -either 6,3 Damage to g the MIT or City collection s stems that does not meet the standards of Section 6.1 and 6.2, shall be addressed as follows: Where the MIT is the offending • ' Cityfor an and all such damages; where the City is arty, it will reimburse the Y � . , . p r repairing any damage at its sole he offending arty it shall be responsible fo p g Y t gp EA:_IM .............. r..r 0. Resolution No. 3660 Page 12 of 19 ion- either art that believes that the other party is cost and expense. In addition, party • o the AWSCS that does not meet the standards set out delivering wastewater t . • in'unctive relief under Section 10.3 against the in this section may seek • in the violation without first complying with the offending party to endo requirements of Sections 10.1 and 10.2. 0.4 MIT specifically g ' ' ll agrees that should the City believe that the MIT i r that does not meet the standards ses delivering wastewater t out in this. does not take action permitted under Section 0.3, the Agreement and the City d , g . be deemed a waiver of any of the City's failure to take such action shall not , Agreement and the MIT will not assert the doctrine of wavier, rights under this Agree . t the Cit in an subsequent action relating to the estoppel, Or laches against y Y delivery of wastewater that does not meet -the standards under this Agreement. OR DAMAGES RESPONSIBILITY F 7. 7.1 The City and the MIT shall each be responsible for any damage • S(not includin routine maintenance and repair) by that is caused tO the AWSC g their respective negligent acts or the acts of their customers. In such case the cost of repair shall be bom by the negligent party. all perform repairs to the AWSCS as noted in 7.2 The City sh p p . • air was necessitated by the negligent actions of the Section 3.3. Where the rep • above the reasonable cost for such repairs will MIT as described in Section 7.1 • • hall bear interest, at the then existing ninety (90) day be billed t� the MIT, and • • thin days from the date of billing. Where the repairs to Treasury Bill rate, after . Y Y at its are caused b the City, the City shall complete the repairs, the AWSCS Y reasonable time so as not to interfere with the continued - operation sole expense, in a both the MIT and the AWSCS. Where the damage is caused by of • all(50%-50%)responsible for its share of the damageit each shall be equ y . City, damage is the result of the repair costs. Questions as to whether particular g of either or negligence both parties and the needed repairs to fix the damage shall be resolved under Section 10. 8. CAPACITY RIGHTS associated with the design, construction, Payment of invoices as tion, inspectionf AWSCS's sewer improvements entities and project management o les the MIT to is „ within the AWSCS as outlined within Exhibit A . ownership of capacity 9. TERMINATION OF AGREEMENT s the intention of the It ie parties that this Agreement shall not terminate • believes that the other party is in violation of this Burin its term. If a party bele • g under Section 10.. Provided, that the Agreement, that party may seek redress 9 1K)o ........................ a. .................... Resolution No. 3664 Page 13 of 19 a in writingto terminate this Agreement on whatever parties thereto may terms and conditions y agree the determine to be acceptable. Provided further, that. • force the other art to terminate this Agreement, nor shall neither party may for party agree to terminate this the failure to agr Agreement be subject to the procedure setout in Section 10. 10. DISPUTE RESOLUTION AND LIMITED WAIVER of SOVEREIGN IMMUNITY 10.1 Dispute ute Resolution - Mediation. In the event the MIT and the City are engaged in a dispute, which relates to or arises under this Agreement, dispute within 3o calendar days, either to resolve said dis and they are unable p party art may request mediation. - 1 .1.1 The art requesting Mediation shall notify the other party g party .. . • writing request to mediate a dispute identified in Section 10.1. If the in writing of its parties agree to enter into mediation within 20 calendar days from such request Y the matter shall be deemed stayed and the arbitration clause contained herein Shall not be put into effect. Mediation shall continue for no more than 90 calendar days at w point oint the mediation shall be deemed failed unless the • an agreement and have had such agreement approved parties have reached g p by the governing bodies of each respective party and, if applicable, the Bureau of Indian Affairs. The p may agree to continue mediation for a longer Y period • . If such agreement is not approved by the governing bodies of each respective party or is not enforceable in the United States District Court for the Western District o g f Washington, the mediation shall be deemed failed and the unresolvedi -'ssu e -shall be submitted to binding arbitration as set forth herein. 10.2 Failure to mediate: In the event that the parties 'do not reach an agreement to mediate within 20 calendar days of receipt of the notice the non-requestingarty, the matter shall be submitted requesting mediation by p to binding `ndin arbitration as set forth herein. Arbitration: An controversy or claim that relates to or arises 1 Q.3 �► Y • under this Agreement or the breach thereof, shall be settled by arbitration administered by the he American Arbitration Association in accordance - with its applicable rules. Judgment on the decision rendered by the arbitrator may be into the United entered iStates District Court for .the Western District of Washin •gton. The arbitrator shall not have authority to enter an order terminating this Agreement. 10.4 Attorney fees and costs: Each party art shall bear its own costs of mediation and arbitration, Exhibit t ------------------------ Resolution No. 3660 Page 14 of 19 10.5 Limited Waiver of Sovereign Immunity and consent. to Jurisdiction of Federal court. The MIT hereby waives its sovereign immunity and jurisdiction consents to the of the United States District Court for the Western District of Washington concerning disputes regarding the. interpretation his Agreement and the enforcement of any rights, obligations ations or liabilities, in g law or in equity, pertaining to hold harmless provisions of this Agreement. Such q y: p g waiver of Sovereign Immunity and Consent to jurisdiction shall apply to no other court This Limited Waiver of Sovereign Immunity and Consent to Jurisdiction has been specifically negotiated by the parties and the decision of the city 'to p Y g enter into this Agreement was made in part based on this limited waiver of sovereign immunity. 10.6 Disclaimer of MIT Tribal Court Jurisdiction. The MIT agrees that the MIT Tribal court has no jurisdiction over the force, effect, and interpretation of this Agreement, nor the resolution of disputes that pertain ' to its implementation. The MIT further agrees that it has no authority to submit the City to jurisdiction the of the MIT Tribal Court with regard to any sewer -related matters or disputes that may arise between the parties under this Agreement. 11. PERFORMANCE, AMENDMENT, AND INTERPRETATION Eachart agrees that it will execute any and all instruments, documents p Y g resolutions or ordinances necessary to give effect to the terms of this and . Agreement. This Agreement may be modified only if such .modifications are written g Y jointly .roved b written resolutions adopted by the Auburn City Council, and app y the MIT Tribal council, and the BIA, if required. The p comply parties shall with all applicable rules and regulations p Y p9 ertainin to them in connection with the, matters covered herein. Y This document has been mutual) negotiated between the parties.. No e inference or ambiguityg shall be construed against the party preparing adverse document for signature. No waiver by either party of any term or condition this d g Agreement shall be deemed or construed to be- a waiver of any other of this term or condition, nor shall a waiver of any breach be deemed to constitute a n subsequent breach, whether of the same or a different portion of waiver of any q . . this Agreement. 12, TERM OF AGREEMENT g The initial Term of this Agreement shall continue until the AWSCS . constructed, under this Agreement is replaced in its. entirety or 50 years whichever g is the Ion parties jointly agree to replace the AWSCS the Ewlt t.1 ....................... Resolution No. 3660 Page 15 of 19 parties shall negotiate the terms and conditions of a new agreement that provides for both MIT and City ownership and use of capacity in the new sewer-. line. If the parties can not reach an agreement on the terms of a new l� p . agreement with respect to the new AWSCS, then the MIT may continue to have g p the right - to use the AWSCS in the same manner. and under the same g � full conditions as set out in this Agreement until the existing AWSCS is y replaced or until the 50 year term referred to above ends, whichever is longer. 13. INDEMNIFICATION The MIT agrees to indemnify and hold the City and its agents, and/or officers, harmless from and shall process and defend at its employees, own ex expense any and all claims, demands, suits, at law or equity, actions, p u penalties, losses, damages or costs, of whatsoever kind or nature, brought agar y g against the Cit arising out of, in connection with, or incident to the execution of this Agreement and/or the Tribe's performance or failure to perform any aspect g b of this Agreement; provided, however, that if such claims are caused y or result negligence from the concurrent ne li ence of the City, its agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to -the o , tY of the negligence of the Tribe; and provided further, that nothing herein extent shall require the Tribe to hold harmless or defend the City, its agents, ees and/or officers, from any claims arising from the sole negligence of employ the City', agents, ents, employees, and/or officers. No liability shall attach to the y CityY b reason of entering this Agreement except as expressly provided herein, The City agrees to indemnify and hold the MIT and its agents, ees and/or officers, harmless from and shall process and defend at its employ own ex and all claims, demands, suits, at law or equity, - actions,. penalties, g expense any losses damages or costs, of whatsoever kind or nature, brought against the MIT arisingout of, in connection with, or incident to the execution of this Agreement and/or the City's performance or failure to perform any aspect of g this Agreement; provided, however, that if such -claims are caused by or result from t e he concurrent n g .li ence of the MIT, its agents, employees, angor negligence officers, Y this indemnity provision shall be valid and enforceable only to the f the negligence of the city; and provided further, that .nothing herein extent o. hail require the Ci to hold harmless or defend the MIT, its agents, s q City • . , es and/or officers, from any claims arising from the sole negligence of employees, its agents, em to ees, -and/or officers. No liability shall attach to the the MIT, it g p Y f MIT b reason of entering this Agreement except as expressly provided herein. Each party h art shall maintain in.full force and effect throughout the term of this A a Agreement olio -of comprehensive general liability insurance, or g policy demonstrate that the party a is self-insured, with minimum coverage of one Exhibit 1 ----------------------- Resolution _ __ __ -----. Resolution No. 3666 - Page 16 of 19 million per occurrence 1 two. million dollars aggregate for personal. injury, �Ilion dollars death, and property damage. The parties may agree to increase the including dea , p p Y 9 coverage limits set out in this section or if no agreement on different limits can be reached, any party art can submit the issue for resolution under Section 10. If insurance is provided -the insured party shall include the other party as an additional named insured. If a party relies on self-insurance, the other party party shall be named as a third art beneficiary. with enforcement rights to seek indemnificatione City and MIT agree to hold each other harmless from third -party . TheCy g ... claims arising from the use of wastewater conveyance facilities within the respective jurisdictions and service areas. 14. ASSIGNMENT The parties shall not assign this Agreement or any interest, obligation or duty ut therein without the express written consent of the other party. 15. ATTORNEY'S FEES either art shall be required to bring any action to enforce any If e party provision of this g. ' is A reement or shall be required to defend any action brought art with respect to this Agreement, and in the further event that by the other party , p . substantial) prevail in such action, the losing party shall, in one party shall y p .. all other payments required therein, pay all of the prevailing party's addition to p Y reasonable costs in connection with such action, including such sures as the court or courts may adjudge ad'ud a reasonable as attorney's fees in trial court and in appellate courts. 16. NOTICES All notices between the two agencies hereunder may be delivered or mailed. If Y f mailed the shall be sent. to the following respective addresses: City of Auburn Public Works Director 25 West Main Street Auburn, VITA 98001 (253)-931-3010 Muckleshoot Indian Tribe Assistant Tribal Operations Manager Community Development 39015 172nd Ave. S.E. Auburn, WA , 98092 253-870-3104 representative addresses as either party may hereafter from o r to such other rep . • ' nate in writing. All notices and payments, mailed by first class time to time designate 9 • shall be deemed to have been gven on the second mail, postage prepaid • win the date of mailing, if properly mailed and addressed. business day following g Exhibi 1.................3Cfi� Resoldon No Page 17 of 19 Notices and paymentsy sent b certified or registered mail shall be deemed to he da next following the date of mailing, if properly mailed have been given on # y g . II types of mail the postmark affixed by -the United States and addressed. Fora yp f p , • Postal Service shall be conclusive evidence of the. date of mailing. 17, NONDISCRIMINATION artier for itself, its heirs, personal representatives, Each of the parties, . st and assigns, as art of the consideration hereof, does successors in inters g p and agree that it will comply with statutes, executive orders hereby covenant a g . are promulgated there under that are applicable to a party to and such rules as p g . . person shall on the rounds of race, creed, color, national origin, assure that no pe g presence of an sensory, mental or physical handicap be sex, age, or the pr Y • r receive discriminatory treatment by reason thereof.. discriminated against o 18. INTEGRATION, • constitutes the entire agreement of the parties regarding This Agreement. . • hereof, and there are no other representations or oral the subject matter than those listed herein, which vary the terms of this agreements other t . agreements, may occur between the parties to transfer Agreement. Future ag Y . additional or future service areas by mutual agreement. 19, OBLIGATION I NTACTr • trued to alter the rights, responsibilities, Nothing herein shall be cons 9 . • • • • 'ons of either the MIT or the City regarding provision of liabilities, or obligati sewer service, except as specifically set forth herein. 20, OBLIGATION TO COMPLETE PROJECT. The Partes expect that the AWSCS shall be constructed in substantially the same farm as described in Exhibit A. The parties expect that, absent an ' event that is outside the control of the parties, that unforeseen intervening S the use of due care, that all segments of the AWSC could not be avoided by . • within six ears of the effective date of this Agreement, will be completed Y reed upon parties. Should either par unless otherwise ag b the p Y ty fail to take. der this Agreement such that the AWSCS is delayed or any action required un g , • ed the other art may seek injunctive relief under its construction stopped, party . • the other art to undertake any. required action under .section 1 o to compel party this Agreement to • complete the AWCSC. Provided, that if the City s the non- complying party, t Y i he MIT may continue to transport effluent through the existing line to accommodate at least a peak. f Auburn Way South sewer I low of 1.34cfs, • on the source of such effluent so long as it comes from without any limitation a and meets effluent standards set out in this Agreement the MIT service are holds • S is com leted. Provided further, unless a court until the AW SC p . •Citybe held to be le ally incapable of completing the otherwise, should the g � . effluent through the existing Auburn Way South A1NSC5 the MIT may transportg . Exhibit ........................ Resomon No. 3660 Page 18 of 19 sewer line to accommodate at least a peak flow of 1.34cfs without any limitation on the source of such effluent so long as it comes from the MIT service. area and meets effluent standards set out in this Agreement. Provided further, to the extent that the MIT has paid any money to the City as required under this Agreement and the City has become legally incapable of completing the AWSCS, the City shall return to the MIT any funds paid by the MIT, including accrued interest, without regard to whether the funds have been expended by the City, unless some other agreement between the MIT and the City can be established. IN WITNESS TO THE TERMS OF THIS AGREEMENT, the parties hereto have subscribed their names: MUCKLESHOOT INDIAN TRIBE John Daniels Jr. Date Chairperson, Muckleshoot Tribal Council CITY OF AUBURN Peter B. Lewis, date Mayor, City of Auburn ATTEST: Danielle Daskam, City clerk, City of Auburn Exhibit -j......................... Resolution No. 3660 Page 19 of 19 APPROVED AS TO FORM: 5�'niel B. He City Attorney, City of Auburn a�l E L Q co L cc CD L# C i� 0 0 s cli i� 1 L a cn a low r r'" ca 0 0 m 0 cn cc i.. a �v•/o o� Goo # o w� W # # 0 0 �3 0 0 0 a� � v ov ,0 W a0 ¢ C 0 0 0 r) CD w�a� � '+ F w LOF yL-' m C LO N CD Lr) OWN N r r CV 03 W o�g na o 0 NONOI aCIO qcr LO r 0 ° [D co M [°r] CD C6 6 06 0 �. CSD LO Cr] LL. •N • N N N N N N N N N N N CU N N N N Cr3 •a. a • � Ln LO C] � v n M 00 m Od m OD 'It w n n wN 0 N era N 0N Ln �t L!7 � L[3 nt wo � �y oo Cv vs Q r, Q r ,r- ,r-- r r r r d" �- 4 ,-- 4 r L6 r 00 r 0 r 6 r r N r N r N �- a W C 3 v Ln Ln rn o v (D (0 (0 (D (D o . 0 0 C6 6 • cyj ,� r r r N N Cr7 C6C7 CD n n I� r. �'- LL a ,� 117 .00 LO L[7 LO 0 U") LO LO 0 L[7 0 LO 0 Ln 0 LO 0 L[7 0 LO 0 LO 0 Lc? 0 Lf) 0 LO co L[7 0 � n n n �• n n n n n n n �• n n r� n n o 0 o x 0 0 0 0 0 0 Nr 0 0 o� co v m Nr v� 0 qt c� c� mc! 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Q m C3 ❑ W SOME 0 � z z, z o o o v CL d 0- 10 [ # w� W # # �3 # i #o 6 ,0 W ¢ C 0 [V o CD w�a� � r � ■cam ►+ �� �<r,�, Rr' .. ■ w ii ��. !i Bill Lot T '�i tk_71J 4.7 A ■lu 7 r. t•' m 11 AqkFAA,* INS rev REM I I- r �`�-�� �• 1 _� ••ter'. - ,.'�'I„om `' � ..�AN ;�*���`l� - — ��w:�` � h ■ �■i is � `�!#■fir �w�:L'�' M. ■ �� w�.�•� i�� _ =FF .T �.�i+i��i�����■■��v�`_���; �+�: ilillill� :_111i1!!�� • gpik PS_■��l.r.� .�+ rTw� �1■� � ,.lid ■• � ir �f .1•r wt ■fin/l��n parr. j.dat Room 11so Dow �rIlan 210 Af L1 imammm !f�;-�. f=� ■_ M VIA. sem.■ ■�r_ irt� r� ►�' ■ �� memo w. 4 - W _ _ 11.4 ^�#. : �:. { _. 1■S�J�, ililI�� . ! � ��n;�tl.;■y.rr�r' il■ ��� �� �'• .ei1i■.■�Iwi■ ' ����7i,,■■I ■�r�a� �lir�i�` ��� iii■�� ��,� ar � �� 1■�i■ •, ■� _ w�u �T. �r�f� r\n �2r �i■ ■��'■'ll�*I.7�it7 �i:111,3110wy err iT! rrri!' iili■ ■■ �il�A r- _�„ ■�����il1l11111■ ^ww'� er ��� �[r�,■ = 1 „7 1■r�! r■rr ilL Mil viii■■ �L'a ��if� iiw ■- ='.muc lmi:,a ii -aril ■iiili■i r�sat�-. - } �_ .U."; �i. �im arfar� a�alr: it sr - ma mm ` f�l������ �H. /•' illt�.i♦� ■iiia=� �aa�anllr - U."; w rrta �■' i!r' i� aaai - ice: ter . �� � :/iii �s uz '■��:^ ir: err i�r ■iii�i■ �^ ' ' / ■■■■/Mir :rr ���{ iM CLK ialA€■iiC'. r �tf ■ i�"■1r MINES i ■ ■ 1■ _ - +au li■� mow. �i ��` ■iii■i :'" irl rr� ■r ■■• rAr■ :[l r.�i■l1_� �� 1 iii w■ �� ii_s�= r! ■: �h�rJ�_ T ! i /�!I<■l1/�me ion_ Icr: =I=I IWIN:� �i� 1 1i�' ... •� .�` '���•■■� �lTi : ■'I��• jF...• wf��IF■ +�■a 11 _ +_+ ■�y A i*r:iG:r.! ■*rii%ifs i � willIM i I Sa:� il.� rii �' a ` .f'�"■''� ��N�1l�.�f� r. r�ii/� •%. �,I, ���, r� a>t a1M�r"irj i AZO � �. ■ ":.:�NL����!Kl1;{ f■;,.. ;�1�.. fir■ i�.�11! �'I -•' �� .�■, /I' �1111111111:l:illlla�al�l - "'a Exhibit B Auburn=Muckleshoot Indian Tribe Sanitary Sewage Agreement Auburn Way South Conveyance System (AWSCS) Operation and Maintenance Activities Line Locates Locate sewer lines for construction activities that take place near existing sewer pipes. High Velocity Jetting Use high-pressure water discharged from a nozzle to scrub the internal surfaces of the AWSCS. Vacuum Cleaning Vacuum clean the AWSCS to collect solids, fats, oils and possibly grease that may have accumulated. This will typically be done in conjunction with high pressure cleaning. Rat Baiting Place rat poison in manholes to eliminate existing or potential problems. Visual Inspection of AWSCS Pull manhole lids to visually observe the flow and assess whether capacity problems are being experienced. This will be done most frequently during storm events. Smoke Testing Smoke test AWSCS to determine if any cracks or broken pipe exist. TV Inspection Inspect AWSCS for breaks, bellies or other pipeline problems. Manhole Maintenance Re -grout AWSCS manhole collars that may have shifted and cracked allowing ground water to enter the manhole. Add a riser ring if needed due to manhole settlement. Repairs and Replacement Repairs and replacement to the AWSCS shall be made consistent with the terms of the Agreement. Exhibit 1 - Exhibi# 8 Resolution Na . 3666 Page 1 of 1 Exhibit C SANITARY SEWAGE CONNECTION AGREEMENT. between the CITY -OF AUBURN . and the MUCKLESHOOT INDIAN TRIBE of .the MUCKLESHOOT INDIAN RESERVATION KING COUNTY, WASHINGTON, USA ' A reement is entered into day This g i between the City oration under the laws of the State of of Auburn.. a municipal corp %, the Washington, herei naf ter referred to as the City►n and e a federally recognized Indian Tribe Muckl�eshoot Indian Tribe, ckleshoot Indian Reservation, hereinafter located on. the Mu n" respectively*- o as the "MIT" and MIT Reservation p Y• ref erred t . the standards prescribed by.the .WHEREAS, in order to meet ion n De artment, of Ecology ► f or the collect State- of Washingto p e .State the City sal of sewage effluent within, th and disposal a collection system including constructed. a sanitary sewage Department of Natural facilities to -the Ding County Depart transmission Division,. hereinafter referred Resources. Water pollution Control " a►► wastewater. treatment . plant; and-, to as Metr ► has identified the need for community WHEREAS $ the MIT , cur ent ' on and. disposal facilities. to resolve�' .sewage collects �n not currently served by a sanitation needs of the MIT Reservation sewage collection system; and sanitary 9 . WHEREAS. the Indian Health Service hereinafter referred ." Environmental Protection _Agency, ..hereinafter to as "IHS. the "EPA," IT and the City concur in the need for . refer -red to as EPA. the M - protect the .a sewage collection, treatment and disposal system to o safeguard the. environment in and health of MIT members and t . around the MIT Reservation; and WH EREAS , the IHS . the. EPA, the MIT and the city 'have Memorandum o f Agreement t o . prove de for entered into a separate Me ., ., ion system ' n of a sewage collection and transmiss. the construction. and far connect iori of this , sewage � system on the MIT Reservation f tilizing' � un ding . from ' the Indian , � s sewage system u to the City g ' Act 1957 amend m ents, of the Clean Water Set -Aside Program IHS through Sanitation through the EPA and . funding from the Facilities Construction Program, Public Law 85-1.21► under Project Po-94-590; and Ex*q1- Exhibit_------------ .--.-----------.- Resolu#ion No. 3660 Page 1 of 18 5C WHEREAS, g this Agreement is required, by EPA and • IHS for, the MIT,t o obtain the funding to resolve .its current res ident i.al sanitation needs; and WHEREAS ► -the consideration the City. will , s Agreement is enhancement of public health thig current septic tic sy�s t ems- to a new sewer sys.t em; . and curt p . receive f rom by connecting WHEREAS. furtherance of public health and , safety of area inhabitants requires that all sewage collected by the MIT and. rehabstant. � into. the Cit 's system of sanitary sewers be both.non- discharged Y S. harmful and. non-toxic. both the.. City' s system of sanitary.. sewers a rid . area residents, as well as in conformity with reasonable =rules . and. regulations; and he Auburn Cit Council has by Resolution- No. REAS, ty o of which 40"Ittached hereto and is incorporated t cp�". herein by t.his reference, expressly reviewed and reaf f arms the policy set forth in Resolution No. 26.71 authorizing the execution of the -September 6 , 1 the EPA► 995, Memorandum of Agreement Among the . , IHS , the Cit and the MIT of the MIT Reservation, also , identified as Public Law 86-121f Prod ect PO -94-690 ("Four Party. Agree ment" herein, and thereby authorized its Mayor to, execute this -Agree meet which -authorizes sanitary sewage connections for ' . single family housing units and specific existing residential non-residential facilities; WHEREAS ► all p arties 'agree. that this Agreement is solely . se of rot.ectin public health and contemplates only - for the purpose p, 9 the -connection of . the 40 existing homes in the Skopabsh Village, .. units of residential housing, and those other . up to 23� . faclllt ies set forth in the -City's Resolution No. 2671, ' page two, which are defined as "Tribal. administration, Tribal school, library. senior center, Tribal store, churches"; Tribal Council has by, Resolution N00 . WHEREAS, the MIT . attached hereto and is incorporated of whichis a copy reviewed and approved. this herein b this reference. expressly revi pp her Y .Secured Bureau of Indian Affairs, hereinafter Agreement .and � tion • 81 referred to as ."B IA" , approval , pursuant to Title 2 5 , Sec ► of the U . S . . Code; and WHEREAS, the dispute resolution provisions of. this 1 to all issues arising between. the parties Agreement shall. apply which relate to to sewer and sewer related services; and order to provide for. connection' and NOW, THEREFORE, 1n P , , continued use of, the MIT's sewage. collection and transmission e Cit 's sewage system, the parties mutually agree: system to th Y Exhibit 1 - Exhibit C .............w..w....w�ww.w.�.......... Rssoiution No. 3660 . Page 2 of 18 -2- Ie CONNECTION AUTHORIZED 1, �. MIS' is authorized to'. connect to City sewer line to only 4 existing homes in Skopabsh Village, MIT service Y residential units in existence at the time of city Resolution Noe 2671 passage (estimated to be approximately -13 O units) , up to a maximum Of 160 additional units. of single family housing, and MIT 1 or community f ani l it ies such as admini strat ion ■ governments y school■ library, senior center., -store, and churches* . IIe CITY'S SYSTEM DEVELOPMENT CHARGE 1 Determination of System► Development charge. That �' - ' a listing of all IT agrees to provide the city with g the M g . connections to the MIT's sewage system and agrees to pay the- City System Development Charge, hereinafter referr a one-time Y ed to as . SDC,. .for each connection to the MIT*'s sewage system. This 1 be updated by the MIT as needed on a monthly basis listing will p he City... . a s an attachment to the monthly utility fee paid to t The SDC for each connection shall be as calculated utilizing 1057 1058., and 6451, latest revisions, copies -of Metro f o $ nt ial customer Equivalents, which are attached hereto, for Reside erred to as "RCE' s" . The MIT has already pre -paid here1naf ter ref The. the SDcs r for 230 RCE units with IHS funds in, April, 19964 e for a sin le family. residential and every other. current charg g RCE connection is $840. • sub ect to -change as described in 2,2 Thi .s SDC rate is j cle. XIV. of this Agreement -0 Arta. City agrees to waive the SDC for the 40 existing . 2,3 The Y g hese homes s in the.Skopabsh Village housing area due to t . MIT home , ected-to the city sewage system since 1977. . being conn. .. III . CITY' S - USER FEE responsibility far. ownership, 3 ,1 Because the MIT has res p. maintenance of the MIT's sewage collection and operation and ma will'provide ion system, the parties agree that the MIT ' z p transmiss Y ' h• a monthly user fee equivalent to fifty . percent the city With. Y of . the user fee charged to city customers . 5 D . 0 the cit with . 5 6 % . Qf the City 3,2 The MIT will provide Y s charged ed to the , . City customers For other monthly user fee a J - include �an family residential connection, this will than single Y volume amount -shall be. addi.tio na ]. volume amount per mont h e The calculated as follows: Exhibit - Exhibit C _ r ................. Fwrrw.wr�ww•••ww Resolution No. 3666 Page 3 of 18 -3_ = monthly volume from water se rvice mater, in cubic feet V PP � current applicable rate, in dollars = V-7501 *R* Volume amountb i i i i n � � � r Mr � � � � � � � � w g * ( 7 , 5 ) .(100) family residential tion other than single f � y 3 , 3. Each. connection prior to ,-sanitary . water service meter installedP shall have a � family residential -connection action Each single Y sewer c° meter installed prior to 1 September. hall - have a water'service on thereaf tern• s sewer connects 97 or prior to sanitary applicable percentage �. , to 1997 • rate .and , the aPP 1 . 3.4 This is subject- to change as -operation, and maintenance ownership" of this Agreement.. described in Article SIV . - . . . IV* METRO'S USER FEF . with the Metro monthly. 4.1 The MIT will provide the pity � in le City customers. For other t an s g fee as charged to the y elude an additional . user , al connection, this wil .in d family .residents me amount shall be calculate . amount per month. The volume volume amou . as'follows: fol lows = monthly vc,e meter, ill. cubic feet olume from water. servl V m R =current applicable rate.�ln dollars V - 750] * (R) .billing Volume amount - (100) * (70-5) amil residential ion other than single f Y 4,� Each connect �lied rlor to sanitary i . water service meter nsta P_. shall have'. a wa t . sewe r.connection. change as described in 4.3 This rate is. subject to Article XIV, of this.Agreement. . UAL I TY OF - S EWAGS the 40 homes in the agree to connect only . 5,1 The MIT 9 re housing; and u to �3 0 units of r � n No. Skopabsh Village. P }� in the city"s Resolution ' r facilities set fort se -othe "Tribal administration, those which are def in as 1 . age two, � Tribal . store, churches 2 6 7 P fibra , senior center ► r Tribal school , 1 rY into the •city s sews►g discharge domestic typo sewage e producing that di g permit industrial wast The MIT will not Pe sewage system. For system.' ct to their community g developments to conne Exhibit_1._ :__Exhi t_C .................. Resolution No. 3054 Page 4 of 18 _ 4- e .. ,Agreement shall . ae defined of this domestic type sewage purposes of� a which is contributed by a residential as that type ., sewage user. s to enforce'- all sewage collection and 5,2 The MIT agree transmission s `stem effluent quality standards as" .required by the system and/or. -.,the EPA f or all effluent -discharged charged into the .City, Metro. � . • e system, The MIT shall deliver to the City sanitary City s sewag y1 onlysuch sewage collected or received by the MIT as sewer system is 1 rules and 'n conformity with and subject to .such reasonable currents 'exist or as may be adopted f ram time to regulations as Y ' Metro or, the EPA... The MIT 'shall not accept time by the . City, � ion or other or- wastes f ram any person, f irm, corporation, sewage is located within or without it boundaries, or is . entity which sewer otherwise delivering its sewage into the MIS'' s sanitary sys tem �. wit without written consent of the City. Should the MIT or the city-. at. any- . time suspect . that the effluent from the MIT collection system is not meeting these - standards, the MIT shall make every. e f f o rt to locate and eliminate the source of contamination. d damages to the City system result from 5,3 Shoul s .g not meet the effluent from the MIT's collection system that does standards of Section 5.2 , the MIT will reimburse the City f or any such damages. T' s transmission of of f luent to the City 4 The MI fired b whi ch. .doe s not meet the effluent quality standards as requ y br the EPA shall constitute a material the. City. Metro, and l A reement by the MIT entitling the 'City to breach . of this . g Without immediately terminate this Agreement for, cause. immedi Y �' '' this ' A reement , the City may in its. sole discretion . terminating g IT refuse to accept -any d u on rovision .of notice to the M , .and P p . , not meeting the effluent' luen� quality effluent Jt believes is g . ` d b the City.. Metro, and/or the EPA and. standards as require Y 'cable standards. accept effluent which does meet apple continue. to p � � a reel that the City shall In such - .event . the .MIT specs f ical ly g . have waived -any, of ,its rights .under this . not be .deemed to. ha t doctrines of waiver, . the MIT will not asser, Agreement and subsequent action and laches against the City ,in any � . estoppel, rejection and acceptance of . .. pertaining to this Agreement and the p g e f f 1 cents . conforming and non -conforming E�Cilit]it.1_w...Exhib�trC ------------------ .r.rr+rr. ReSolution No. 3660 Page 5 of 18 STI S 4E V nUU T S ION interest of continu' ng to promote better 6. �. In the , ' nand .-.cooperation between the MIT and the City, both communication , to send'a re resentative to participate in all parties agree � p � � � and d' special meetings of • the MIT. s Utility District regular an P rties shall notify the . ' t ■ s Public Works Commi. t t ee . Both pa Y . the C� Y . in writing of all such meetings. other party Cit agree to provide technical a � , � The MIT and the y g nd . assistance to. ' the other party upon. request and as operational be available on a resources of manpower or equipment or plant may . le basis. If one party assists the other, the cost reimbursable. .- or and d agrees to. honor payment party assists of billings for lab gmake available established meet rental. Both parties will ma sulp purposes of encouraging this program.. hourly . rates for VIIr SEWAGE FLOW MEASUR quantity of sewage entering the City' -s . 7.1 The qua Y meter located in' n system shall. be measured by a flow collectio Y The proper calibration of this the City's regulation station. P p shallbility of the -y. Mll betheres onsi flow meter wi meters . records of the sewage, pumps running time hour keep monthly , h um .for comparison and . the . average pumping rate for . sac p p P and °f calibration an an annual -cycle. confirmation of the flow meter c hat the flow meter appears to have malfunctioned ■ In the event t �f low rates shall be t he hour meter readings and the corresponding 'ne, the amount of sewage that has been pumps to used to determl sewage system until the flow meter repairs are. the City's g .y sewa a flow as measured - , The MIT will report the total g , completed F meters estimated method to utilizing the pump running time. hour ut i g` an attachment to the monthly user fee the City mon thly■ as payments MAINTENANCZ CITY OWNERSHIP AND VIII• TRIBAL OR .. te and maintain all gravity 8,1 The MIT shall own, operate Ines sewage lift. stations and force main piping collection 1, station and enerally stream of the City's regulation g , . .located up of the MIT � Reservation in within the' southeastern portion _ . of Townshi " 2 0 North, Range .5 -East,, W . M Sections 1, 2 and 12 psated ' he rav@t and force main- piping to but . 'also including t g Y � n -35..', of. -Outsidehe MIT Reservation boundaries in Sectio °f t upstream from the City's shi 21 North, Range 5 East W. M . ■ p Town p regulat Lon station* Exhibit Exh - ibit .......1----- C ............... Resolution No. 3630 Page 6ofl8 � 6 The ravitY and force main line located downstream 8.� 9 . Cit is regulation station to the connection manhole at from the Y , , the corner of Auburn -Enumclaw Highway and 358th Street shall be and be owned, operated -and maintained by the City conveyed to ' will -be pry vided -however, that. MIT residential connections but no ' non -MIT . connect ions .will be authorized without permitted ► . MIT written app rova,Y . . 8,3 The MIT operations staff shall operate their • 'n conformance with - the Plan of operation developed facilities.. 1 'istance of the IHS during the design and construction with the ass of the f acil.ities . ' compatibility of maintain. com . 8 .,�. In order to P design/construction operating systems, th6 MIT agrees to design/conto herein in . constru ct and maintain all proper- ty referred with standards and specifications provided by. the' accordance . city* Ixe INTERRUPTION OF SERVICE 9.1 It is understood that the -City will periodically or shut off sewage flow into their collection need to .restrict � n downstream ' stem in order to .perform repair or maintenance o � . s ' For scheduled maintenance- or repair aotivlties the facllit�es . �. of the MIT. in writing, at least five working days . City shall. no Y indicate he work that is to be 'n advance. Such notice shall indicate t , i the anticipated duration of .this work,' what p performed. f operation ion wl 11 be restrictions or changes to the. Plan o ,p , A and a contact_ person for coordinating all activities with the MIT' s operations staff* is also understood that emergency situations may . 9'2 It d arise that could threaten public health an /or the continued operation of the Y h City" sewage collection system and the City may be i unable to notify the MIT n the' manner prescribed above tin Section . 9.1) . In . such a situation the City shall use best MIT''s Utility staf f (operator or Council e f f arts, to contact the are of request assistance in regulating the discharge- offitersi and qu . effluent from the MIT's sewage.systeme n of this Agreement,. shall grant 9.13 The MIT, by reaso g . access easement to-. pump station #Z sufficient to the. an act sewa a flow and,.to permit it the City to regulate the 9 peen on the Cit s, sewage system . A copy .of the emergency repair work Y orated. is attached hereto as Exhibit A and is incorp Easement form th . b reference as though fully set for herein Y . Exhibit. 1 - Exhibit C .....r.........................rr.w........r �.....• Resolu#ion No. 3860 Page 7 of 18 _7_ g 9.4 The MIT agrees -to assume liability, if any, for ok�u s, ; if any, within the MIT' s. sewage system that are sewage b .sP capacity shortfalls and flow control spill incidents caused by P 'Y � harmless the MIT' s 'sewage system., and will hold the City ha within . from any such Claims, all as more particularly described in ' Article X, of this , Agreement '9,5 . The . MIT shallrocure and maintain in full force and -ou, bout the term of this . Agreement a policy of effect throughout ns lVe 'general' liability - insurance with minimum coverage compre hens of � one mil dollars per occurrence/two million. dollars for personal - itj ury including death, and property. . aggregate , P s, a condition of.providing providing service, the City reserves .damages A in its sole .discretion, to demand increased minimum the right • '' from the date of e 1 imits. at f ive 5 i year lnter�rals caVerag. �f . In the event the M.IT does .not provide proof of signing here ssuede b a company approved by the City, with . insurance i. Y increased limitswithin thirty ( 3 0 ) days of such.. . request the be authorized to procure such a policy on its own City, shall he reserve account, f and deduct. such policy premiums from t behalf , ursuant, to this Agreement. Such policy shall name established P shall include. a the. City ' as. an additional named insured and . such policy prohibiting cancellation or reduction in .provision in P y ' en da s' not ice to coverag e except upon at least thirty i 1. The MIT agrees to construct and dedicate in f ee title. all infrastructure concerning the system, except f or the regulation station vault to be designed and constructed by the City, from the upstream • � side of the vault ; northwesterly -to the P � it � limitse city's receiving manhole near the y (Exhibit B:.- general -map. illustration). 2. The city will design and construct the regu lation station, downstream monitoring gauges,. telemetry and control cabinet. The City will .seek to coordinate this design with the MIT's consultant ( IHS ) to assure compatibility with -the. connection . P and regulation telemetry of the MIT's #2 pump station.. . 3. The MIT and City agree to cost.share-the city's design and construction -effort referenced in .section. 10 R 1.A.2.. on a 5o/5o percentage basis according ng to and for . the mutual benefits accruing to. artier. The MIT agrees to pay its share of both p ., the City's improvements prior to construction contract award. No connection shall be allowed u nt ill such time as all payments are -received by the- city. 4. The MIT and City agree to share the 1 communication and any associated maintenance monthy and air bills as • necessart to operate and a repair • maintain the telemetry system so long. as the MIT'a sanity sewer system is connected to theCity's sanitary sewer system. These costs will -be included s an ry on each monthly sewer bill presented' to , .the MITI... City will be responsible for maintaining. the.. The Y telemetry elemet •system up to and. including -the telemetry . lnte rt1e box located at the' pump station #2. The MIT. hereby grants the city and, its system maintenance agents right of entry to all locations served'by the city's telemetry system. 10.2 Regulatory Concept: Generally the system � � components consist .of : monitoring au _ 10 Downstream mo 3 es wil-1 be gauges at two manholes in the City's system for installed ser of measuring,. recording and telemetering . Pubo �► s to the MIT' s pump .%areal time control signal , station that regrulates releases to the City s- system. Exhibit l .Exhibit C .................. Resolution o. 3666 . Page 9 of 18 9 _ . •�ry o vault consisting of and 2, ; A regulat , G� ontainin a manual gate valve, a motor operate - . valve flow meter, and -telemetry devices shall ball ► , • e installedI at a location along the force main b. downstream .of Pump .Station #2. .. .. ., shall 3 . In Pump Station #2 the design � ' we t well. surcharge minimum ' provide an additional . cit volume of 1, 4 0.4 cubic feet to accommodate Gapa y . regulation* Pumping capacity at Pump Station - pump., r � be overridden by city telemetry. override #2 may will control 'operation of both high volume telemetry . ow volume pumps, as the IHS has installed no and 1 vat fable . f law pumps : As such, the only operations available. are fixed high volume, fixed low volume, and all off no volume, regulation of the pump station shall 4. The regal p be responsive to the downstream -monitoring gauge, signals and the flow control valve in the regulation assure- the performance objectives outlined vault to p herein are met, and maximum flaws are therefor not exceeded stem. shall be capable of s 5. The telemetry y in the actual flow data .1n digital format on recording , a continuous basis and down -loading to ,a computer system in both ' the MIT off ice and the City utility a modem. The computer software will be -office vi , showing the real-time flow data at all capable of s g vault Dred -points (Pump Station #21 Regulatory 'v and monitoring gauges. 6, As the pity and MIT decide to modify this Agreement to accommodate adjustments of release rates alio wable t the. telemetry -system shall be . . Capable ble of receiving programmable updates. . � .of � the connection . 7, Prior to issuance MIT and its contractor will perform .. approval the comms. 9 the City's'. 'ssionin tests to demonstrate to satisfaction t hat the system -accomplishes- the following performance objectives: tion responds to regulate . a , The pump sta p . _ . releases to the City's system in such -a' the flaw tele ► _ ed is manner that when the City s -pipe being monitor , t . equal to or grea ter .than 80% full as. measured by Exhibit C Exhibit - _ ......... Resalution No. 3660 Page 10 of 18 -10- flow depth -within the pipe, the pumping rate-,. is . , curtailed-, and., i f necessary, reduced to zero. the fit 's pipe e being monitored drops b . As Y P to a 75' ,of full condition. the system will query . the status s o f wet well levels and pump down ' t ime s to assess when -pumps are. re -energized to commence. The s stem will periodically continue to pumping*. Y , . query system status at such. time. as pumping decisions are required* The pump station can, be calibrated to deliver- flows as dictated by the City's downstream acit available. and within. the limits of flow cap y . on to date . control as ,provided by -IHS constructs d . Ata monitored one -foot surcharge within station will a gauging manhole, the regulation flow f ram the MIT' s automatically, shut of f i.nf luent Pump Station #2, and influent f low, shall remain off This will be until the surcharge has disappeared. the onlycondition mandating zero flow from. the MIT's Pump. Station #2 except for emergency conditions. Be Accepted, e ted , By Ci ter . The maximum 1 � . 3 . Maximum Flow to , p . allowable sewage flow rate -from the MIT' .s sewage system to. the - stem shall not exceed the capacity available City s sewage system .determined by City within the City s.system as at any time au mss. Such flow can be released at any time monitoring g g - r s stem. capacity is available within the City s y P . I rovements By • MIT A -Condition 10.4 Funding of Future mp PreGedeA t. tQ Continuing Flog to the City SYBtem. . The MIT acknowledges that its share of funding a. T . � tura � capacity 'design and construction of any fu P y the � ion effort. . of the City system is an express eXpans , condition precedent to the City. proceeding .with expansion payment of this funding share by the MIT of its system, �' ce of MIT flow is necessitated by the. fact than acceptance . Cit. will consume previously existing capacity, by the y pre -and requires make& such capacity unavailable to. the City,' 'm rovements to the City system in order for subsequent 1p the City . to have and maintain the capacity necessary for t ' s own needs and uses . -Such funding. amounts , may the Ci . . y be'credited g ted a ainst future MIT SDC amounts . , if any's Exhibit 1 - Exhibit C • r � rwrM � � M � � � � r Ywn��.......... �Y .....y• Resolution No, 3 6 Page 11 of 18 -11- 0 b. The P rorata share of City system expansion .. P ro'ects between the MIT and the City shall be determined based on benefit receivedID OF XI COLLECTION of FEES ■ TERMINATION of SERVICE,.. AND BREACH AGREEMMW 11.1 Collection of Development Charges■ User. and Connection, Fees . -A. pa- ent -as Con 'di -tion Erececlent. The Agreement is between the .MIT and the. City and no third parties -I- even though third parties may be indirectly benefited.. As a condition � shall a precedent to connection and continued service, the MIT pay a development charges and user fees*. .Additiorially all necess ry P �� son behalf of „ IT shall apply for. any necessary City approval the M members or property jurisdiction.. owners within MIT who desire to ted to the sewer system. The. City's issuance of a be c onne c r . all be directly conditioned upon completion of those permit 'Shall s items'' specif ied in any particular permit as well as the MIT' of the permit lees. The MIT and the City expressly agree payment P shall not be responsible for collecting of SDC' s ■ that the city. s permitting in fees,- - or any other- moneys of - any kind user charge p J . f rom any other individual or entity. B The City and MIT.shall, upon of this A regiment, establish & supplemental reserve execution � Thousand Dollars account in the, amount of Five Hundred provide for future- funding of anticipated system ($500100.0.00 ) to P � - resulting expansion necessitated on account of increased flows g Agreement, bud eted uses of funds necessitated -by from this Agree non - g ' rs and other public health reasons, payment of natural disasters • remiums ■ and any. � other unpaid charges or fees insurance p . . ' the use of the system or permits pertaining pertaining to Cit and the MIT shall each. contribute Two Hundred thereto. The Y � shall be Fifty Thousand Dollars ($250, Doo . 00} . and . the fund maintained at this level., -with each . party replacing the funds On account -of its respective obligations* which are withdrawnf . the shall • be ' established in a Restricted Use account o The fund The' interest a Sewer Fund as designated by the city. Sanitary n - if an shall be apportioned ' . between the accruing thereo ■ Y elation to their respective contributions and any parties in r • and principal remaining at the termination of this such interest a . P P � � such funds upon Agreement shall be returned to the remitter of su P ion and settlement o such terminat f all claims and disputes., his Agreements The City shall, upon consultation pertaining to t g - . Exhibit 1 - Exhibit C r.ww.■wry...�.�.r....wr......r....w�w�iw�rr.w■ Resolution No. 38fi0 Page 12 of 18 .12 - be authorized to ' immediately draw upon and use the with .the MITI' e reserve account for the uses and purposes herein funds , in t h . The c` t shall account to the MIT for all such. funds mentioned. Y `n contained herein shall derogate from the need of used. Nothing 's a y in advance as a condition precedent f or the the MIT to P Y performance under other provisions of this Agreement* F iAgreement . The MIT shall 11.2 MIT■s Rght to Terminate , have the rlg ht to terminate the di s charge of sewage from their system to the City's at anytime for any reason, or no sewage y b providing the City with a minimum of five: reason whatsoever,Y written notice prior to termination of. such discharge. (5) yearsi wr .P MIT at the agrees to terminate this Agreement with the. The city g on- said written notice. Monetary and other. . date -noted up � � the . date �. -of owed by the. MIT to the city on obligations. termination .shall survive . . Terminate Agreements The city 11.3 City s Right to � , to. terminate this Agreement at any time for shall have the right � the MIT with.a any reasonor no reason whatsoever, by providing , minimum- of five ( 5 ) . years' written notice prior to termination . so . have the right to immediately terminate this The city shall al , ' an. reason. constituting a material.breach. in Agreement forY , se breaches def i.ned by law, the City and the MIT addition . to tho justifying the � cit to a tee that a material breach Y expressly g include,but not be limited immediately terminate service shall Y a ent of SDC' s or. user fees, failure of the MIT to to, the non P ym . insurance required herein, exceeding the number provide proof of � � Agreement, sewer connections allowed. under this °f type °f �` system, and/or failure -domestic sewage into the syst 1 discharge of non easementsand/or failure to fund the reserve of MIT to honor , . counts edified- herein ,& ac P Rel upon. Notice of. Ter nation. As. 11.4 Right to Y city and the MIT,' in the event that one party, ■ between the tin Partyl , sends the ref erred to . as the. "Transmitting Y hereinafter tice to terminate this Agreement, the party other party a no reed to as the "Receiving `vin such notice, hereinafter refs receiving Absent 1. have, a right to rely upon such notice . Party. shall. Transmitting -Party a .reement to the contrary► the prior written g ice of intent -.to terminate shall not :be allowed to revoke its notice , F o otherwise keep this Agreement in -full force. this Agreement or t in the notice. and the termination date specified and effect bey � � ss of whether or. � not vision shall be effective regardless This pro . . actually changes its position, -or. the the Transmitting Party Y ise relies in any material manner upon the Receiving Party otherw sn'ittin Party's notice of termination. Tran g 1 ,Exhibit. - r ............ . Resolution No. 3664 Page 13 of 18 -13- • RESOLUTION, AND. LIMITED WAIVER of -SDVEREIG74 IMMYNITY XII. DISPUTE .. . . . 12,1 Dispute Resolution - Media -tion., In, the event the MITand the Citaged in a dispute which relates to this . . Y are engaged Agreement or any other issue arising relating to sanitary sewer, and they are unable to resolve said dispute within ninety. (90) days, either party may request mediation of any dispute, in any ., Y manner agreed upon by' the . , parties . •Mediation shall be commenced by the party a. _ t notifying the other party in writing. of its .request - request requesting 1 Y g . w h � .relate to e a dispute arising between the parties. hic to mediate p .... sanitary se. wer and sewer related services. If the parties agree to enter into mediation within 20 days, from such request the ll .be deemed stayed and the arbitration clause matter shall -.be . continued herein shall not be put into effect. Mediation shall . n one hundred twenty . t 12 0) days at which continue for no more than . point the mediation shall be 'deemed., failed unless the parties re ement and have had such agreement approved by a have reached an agreement the governing i a licable nin bodies' of each respective party and, f pp inn Affairs. I f such agreement is - not approved the Bureau of Ind not by the governing � bodi.e s of. each. ..respective party or i s in the United States District Court. for the Western enforceable be deemed failed and ct of Washington, the mediation shall Distrz . .the unresolved issue, shall be submitted to binding arbitration as set' forth hereine • the parties do • not reach an b. , In the event p , mediate within twenty (2 0) days of . receipt of the . .agreement to med requesting - mediation by the non -requesting pa y■ the muted to binding arbitration. as set forth matter shall be sub . herein. -c. Each party shall bear its ..own costs of mediation. Any,controversy or claim. arising out 12,2 Arbitration. this A reement , or the breach thereof; shall , be of or relating to thi g , ' ation administered by the American Arbitration. ' settled by arbitration . 'cordance with its applicable rules. Judgment on Association �n ac , ed b the arbitrator may be entered into .the the decision render Y trict of States District court for the Western' Dis United if t shall bear its own costs oarbitration, Washington. Each party Exhibit i - Exhibit C .........._._.__._ ............................. .... Resolution No. 3660 Page 14 of 18 -14- 1Z.3. Lim Waiver of Sovereign immunity and Consent to * � • �� Federal Court. The MIT hereby waives its Jurisdsct1osi of �, F jurisdiction f theUnited' 'mmunitand consents to the o . sovereign immunity , y District of Washington District Court for the Western, D States D . he � interpretation of this in disputes regarding t concerning � of an rights hereunder, including Agreement and the .enforcement Y or 9 n SDC' s User. Fees, � or other Obligations collection of any'. hold harmless * in law or in equity► pertaining to liabllltieS•. h waiver of Sovereign Immunity visions of this Agreement . Such pro to no ether court . This . and consent to jurisdiction shall apply ei n Immunity and Consent to Jurisdiction Limited Waiver of Saver g and decision of ecif ically. negotiated by the parties has been.. sp sewer service- to the MIT and a the City to extend sanitary res s 1 made the . � � the MIT' s payments hereunder are expressly portion - of Waiver and Consent to consideration for this '.Limited, consld . Jurisdiction• Tribal Court Jurisdiction. The 12.4 Disclaimer of MIT T the the MIT Tribal Court MIT ..agrees. that . has no jurisdiction over . 'this A regiment ■ nor the fact , and interpretation of t! g. force ■ of ' n to its implementation. The • lotion of disputes which pertain .t to resolution .it has no authority to submit the City MIT. further agrees that with regard to any of the MIT Tribal Court wi 3 the jurisdiction .. which may arise between the elated matters or disputes y sewer r - • part1es�e . XIII. FEE AND CHARGES.PAYMENTS i T on a . monthly basis for . 3.1 The City shall bell the MI , 1 determined in, Articles I I , III, and IV,of fees or charges as Bete s to rovide any MIT shall have thirty ( 3 0 i day p this Agreement. The of bill issuance. payment. of the amount to -the City from the data anpayments for a sewer bill , due 13..2 In the event that Y the thirty all remain � unpaid in excess of Y under this Agreement shall ., a bill shall be u date• of� i s suanCe , then th (3 0) days f ram the comes delinquent, in ent , the ...(30) � In the event that a bill be � , delinquent,4aysl notice. of its intent five•the MIT fifteen t 15 .� City shall g 'll. A bill which has been rce collection of said bill al to enfo d in the. United States Post properlyaddressed and deposite a ent. , to be resented to the. MIT for p ym rvice.shall be deemed P Se - ' eves 'that the city's • bill f or f ees or. ' 13.3 If the MIT bell the City of the error is In error. the -charges fifteen than M IT shall � 15 i days notify. following the date of bill no later issuance accompanied by 'n documents. any support. g � MIT shall meet within ten to attempt to days thereafter, the C1tY and (10� Y the If dispute cannot be resolved resolve the dispute. Exhibit 1 _.:..Exhibit C Resolution No. 3860 Page 15 of 18 -15 - 11 ,then the par XII proceed pursuant to Article inf orma y. xII (�Dl p ' s ute Resolution) . In any event,- the MIT shall pay any ested ortion of the bill within thirty {3.03days after . uncont P , issuance , The MIT shall also continue to pay uncontested date of , bse ent monthly bills as provided�in this Section. su , � . 3 , 4' I f the -bill remains unpaid f if teen (15) days 1 . f a 11 owing . the City" ' s notice of intent to enforce collection, then . y the City may at*its discretion discontinue service to the MIT; . provided that- the MIT' has. not provided notice to the City o .Para rah 12,,l, if the MIT has given such. notice, pursuant t -Paragraph shall have the authority to discontinue service for. . the City . a only in the event that the MIT has not paid the failure to pay, Y uncontested portion of the bill. , If the billin dispute is resolved in favor of 'the13.5 g Ci. ty . pursu art to, Article XII (Dispute Resolutions , and, the bill remains unpaid for five working days thereafter, the City may at , ion. discontinue service to the MIT unless otherwise its dlscret, . s cif ied within the dispute resolution. XIV. CHANGES TO RATES AND.CHARGES 's user fee rate structure and The City s . and/or Metro. , the.M M'IT shall be changed only at such times- as the charges fog . Metro adjusts.sits .rates and charges through City. and/or. established procedures for all other users. XV0, HOLD HARMLESS AND INDEMNIFICATION ' demnif and hold harmless City, and The MIT agrees to in Y , • and em to ees, from and. against all claims,. damages., its agents P Y enses including reasonable attorneys.'.. fees, which losses, an exp 3. I . m events which occur on MIT owned or controlled land. originate fro sewer .or facilities including, but not being limited toysanitary personal in ' u and s floods., -spillage, property damage, pe 7 ry • backups,' � of sewage contamination - except that. this other tYpes to the sole .negligent or indemnification shall not apply intentional, acts of the City and its agents and employees. XV1. PERFORMANCE OF AGREEMENT agrees that it will execute any and all Each party g documents and .resolutions or ordi nances. necessary. to instruments. this he terms of thi. s Agreement . Furthermore, the glue .effect to t � d on reasonable '� shall have access at. reasonable times an City ,S sanitary sewer system and related notice to inspect the MIT Exhibit 1 - Exhibit C wf wr wwwwywwww.www.wwwwwrwwwwwrwwrwww.w...ww.r Resolution No, 3660 Page 16 of 18 C faciliti-.purpose of veri f icat ion , of the number of hook, es f,ar the p rp ,. ' discharge, and -o enation levels constitute the ups, .type . of g P . IT's obli atians to the City on account of fees and basis of the: M g .charges. r XVI. AMENDMENT of THIS ACRE modified ' onl if such modifications This Agreement may be y are approved by written resolutions adopted are written and pP Auburn cit Council, the MIT Tribal Council, and J oint ly. by the Y the BIAS XVII* CONSTRUCTION AND INTERPRETATION. been mutually negotiated between the This document has verse inference or ambiguity shall be construed parties. No ad art preparing this document for signature. No against the.. party P P ion of' this Agreement either party of any term or cvndit g . .waiver by waiver of any other .terror or all be deemed or construed to be a sh o f an breach be deemed. to condition, nor shall a waiVer Y waiver of an subsequent breach, whether of the same constitute a wa � Y . ox a different portion of this Agreemente t ■ t M �M '■ �i-! !' f Thi_- * the partiegg _ ` X11 ■ ! ■ ! •: ■ ! ! 14 nat.. ■ ■ * + ■ ■ -, _. - ! _41i f nr an -This A r=Ment shal I be automAticallY X ! Amilemc=_ .0 . i ■! - ill ■f if 15 "- ! ■ - ! re0ii - ■ •derj renew the -�i- ! incr the, �■ - a . f the initial Te of --this fiYe (5) VeAa Ir t lea _q prig 0 the end it the parties IN WITNESS TO THE- hereto have subscribed their names: MUCKLESE INDI TRIBE airperson, uckleshoot Tribal Council M Date: "9 7 Consented g to Agreed and Approved as to Form: . . United States Department of Interior Exhib�t�1 - ..._ww....ww__w N.wr .w...Exh�b� .w. Resolution No. 3660 Page 17 of 18 --17- .i an Af f airs '. .Bureau of Ind Accommodation Approval 420 199T BY: • Its. sup2ri ntendent.9 Puget Sound -Agency Date Approved as to Form:. ATTEST:, Robin Wohlhueter, City Clerk PROVED AS To FORM: Mike J. Reynolds. Exhibit 1 - Exhibit C wwwyMw�wf�-iww wwww wwwwwResouton o. 3660 Page 18 of 18 -18. CHARLES A. BOOTH, MAYOR