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CITY <br /> INTERLOCAL AGREEMENT <br /> BETWEEN <br /> THE CITY OF EVERETT AND PORT OF EVERETT REGARDING <br /> IMPROVEMENTS TO PUGET SOUND OUTFALL 6 <br /> AND PUGET SOUND OUTFALL NO.2 <br /> This Interlocal Agreement("Agreement')is dated for reference purposes <br /> -SJ�yy 3 ,2014, and is between the CITY OF EVERETT(the"City") and the PORT OF <br /> EVERETT(the"Port") (individually a"Party"and collectively the"Parties"). <br /> RECITALS <br /> A. The City owns and operates Puget Sound Outfall No. 6("PSO 6")and Puget <br /> Sound Outfall 2 ("PSO 2"). A City investigation recently discovered concrete blockage in the <br /> PSO 6 pipeline,which must be fixed. In addition,a portion PSO 2 must be replaced and moved. <br /> B. The Port also has property near the PSO 6 that is subject to flooding because of <br /> the blockage in the PSO 6 pipeline. To restore the capacity of the PSO 6,the Parties have <br /> determined that they should split the cost equally for rerouting the PSO 6 pipeline,including <br /> design,permitting and construction. <br /> C. A portion of PSO 2 is located on Port property. The Port is currently preparing <br /> the engineering design for the Everett Shipyard Model Toxics Control Act sediment cleanup <br /> project under a Consent Decree with the Department of Ecology on that property. In <br /> conjunction with that project,the City and Port have determined that the Port will design and <br /> construct the PSO 2 improvements within its property,subject to City approval,with <br /> reimbursement from the City. The purpose of combining the PSO 2 replacement project with the <br /> cleanup project is to gain engineering and construction project efficiencies to restore the <br /> condition of the PSO 2. <br /> D. The purpose of this Agreement is for the City and Port to formalize their <br /> understandings regarding the relocation of the two outfalls and to complete the work required to <br /> do so. <br /> AGREEMENT <br /> The Parties agree as follows: <br /> SECTION 1: PSO 6 WORK <br /> A. Design. <br /> 1. Completion of Design. The City will prepare (or will have its consultants <br /> prepare) all approvals, construction easements, easements, plans and specifications necessary to <br /> construct the PSO 6 pipeline reroute. The Port will have an opportunity to participate in design <br /> team meetings and will have a reasonable opportunity to review and comment. The Port may <br /> request that the City add additional work to the proposed PSO 6 plans and specifications, such as <br /> drainage work on the Port property (such additional work, "Port Additional Work"). The City <br /> will not unreasonably refuse such a request. <br /> 1 <br /> SOM\03221\0081\00762427.V 1 <br />