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HomeMy WebLinkAbout4648 RESOLUTION NO. 4648 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN EMERGENCY WATER SYSTEM INTERTIE AGREEMENT BETWEEN THE CITY OF AUBURN AND THE CITY OF TACOMA WHEREAS, pursuant to RCW 39.34,. the Interlocal Cooperation Act, Aubum and Tacoma have legal authority to cooperate with other localities on the basis of mutual advantage and provision or services; and WHEREAS, the Cities wish to enter into an Emergency Water System Intertie Agreement in order to increase fire protection and emergency water supply reliability for their customers; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follovirs: Section 1. That the Mayor and City Clerk are hereby authorized to execute an. Emergency Water System Intertie Agreement with the City of Tacoma in subsfantially the same form as attached hereto as Exhibit "A," which is rnade a part hereof as though set forth in full herein. . Section 2. That the Mayor is authorized to implement such administrative proceduces as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signafures hereon. Resolution No. 4648 October 12, 2010 _ Page 1 of 2 Dated and Signed this ~ day of 2009. CI F AUBURN ~ . PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel 'B. Heid,. City Attorney Resotution No. 4648 October 12, 2010 - Page 2 of 2 EMERGENCY INTERTIE AGREEMENT BETWEEN , CITY OF TACOMA AND. CITY OF AUBLJRN This emergency mtertie agreement ("Agreement") is made by and between the City of Tacoma, Department of Public Utilities, Wafer Division d/bla Tacoma Water, a municipal corporaxion (hereafter "Tacoma"), and the City of Auburn, a municipal corporation (hereafter "Auburn"). Tacoma and Auburn collectively sha11 be referred to as the "Parties" or either Tacoma or Aubum -may be refened to as "Party" when appropriate. A. RECITALS: WHEREAS, Auburn and Tacoma are responsible for operating and maintaining their public water systems in accordance with federal, state and local laws and regulations, and WHBREAS, the Parties recognize the responsibility of public water utilities to provide for the highest quality of water and reliability of service to their customers at reasonable cost, and WHEREAS, the Parties further recognize that wa.ter resources are finite and vulnerable, and the prudent use and mana.gement of these resources requires cooperation among water utilities, and , WHEREAS, Auburn has requested that an intertie be established with Tacoma, to be available in case of emergency need, and Auburn does have water system facilities nearby that can be interconnected so as to be mutually beneficial to both utilities during periods of system emergency, and WHEREAS, the Parties recognize that Auburn intends to use this intertie for wholesale service in the future, NOW THEREFORE, it is agreed that Auburn and Tacoma may provide for interties of water mains and the terms and conditions contained herein shall apply. B. DEFINITIONS: The definition of certain terms, as used later in this Agreement, are as follows: INTERTIE: A-physical connection between water mains of the two Parties to this Agreement, at specifically identified points, where water may be transferred from the supplies of one system to the transmission or distribution. facilities of the other. SURPLUS PRODUCTION CAPACTTY: Volumetric rate of available water supply, from the sources of the supplying water system, wliich can be transferred through an Exhibit A ' Resolurion No. 4648 October 12, 2010 Page 1 of 4 intertie after all service requirements to the customers of the supplying system have been met. ISOLATION VALVE: A positive shut off valve which sha11 be installed at the point in each water system which is used to accept or deliver water through the intertie. Each connected system has sole responsibility for providing and operating their isolation valve. INTERTIE CAPACITY: The flow capacity for water to be delivered through an intertie as agreed upon by the Parties to'this Agreement. Intertie facilities shatl be designed so as to be capable of conveying no less than the agreed upon flow. EMERGENCY: Defined as resulting from a water shortage, a major water 1_ine break, fire-demand, contamination of the water supply system, mechanical equipment failure, electrical equipment failure, or any other agreed upon emergency affecting the water supply system. C. CONDITIOIVS 1. GENERAL: The intertie described in ex-hibits A and B. attached to this document shall be governed by the terms of this agreement. No future interties shall be permissible ' without a subsequent and separate written agreement between the Parties, which agreement may supplement this agreement. Neither Party shall be obligated to agree to or execute any such agreement or permit the other Party to construct additional connections. 2. PURPOSE: The intertie described in exhibits A and B attached to this document shall be . utilized only in emergency situations unless converted by mutual Agreement to a regular wholesale service. Tacoma will first determine that surplus production capacity is available before providing water for an emergency situation. 3. CAPITAL COSTS: The cost of construction of the proposed intertie, to include all facilities and equipment necessary to deliver water, installation of the meter and vault and connection to Tacoma Water's Pipeline 5(STA 765+05) at "B" Street NW shall be the responsibility of Auburn. As used in this paragraph, "cost of construction" shall include, but not be limited to, all actual costs of labor, materials, permitting, equipment, engineering, legal, publication, SEPA compliance, and any costs customarily incurred in such projects. The meter and"aault will be designed, constructed and owned by Tacoma. Auburn has deposited $ 61,700.00 wit.h Tacoma to cover the esfiimated costs. If Tacoma determines that the uutial deposit is not sufficient to pay for all costs of construction, Aubum shall deposit such additional amounts with Tacoma as Tacoma requires to complete design and construction of tfie project. >If the cost of coristruction is less than the deposit, Tacoma shall refund the remaining balance. 4. MAINTENANCE COSTS: Bach utility shall be responsible for operating and maintaining their facilities including isolation and flow control valves as applicable (see . Exhibit A). Vau1t and meter maintenance costs shall be the responsibility of Tacoma.. Exhibit A Resolution No. 4648 October 12, 2010 Page 2 of 4 Should Tacoma ever need Auburn to relocate their infiastructure to accommodate a Tacoma Water project, Auburn will do so at their own cost. 5: OPERATING PROTOCOL: The Party requesting water shall submit a written request to . the supplying Party and the supplying Party must give written permission prior to the transference of any water to the requesting Party. Should a situation arise necessita.ting the supply of water immediately a verbal request sha11 initially be sufficient followed by a written request. Verbal authorization, however, must be obta.ined from the supplying Party before obtaining any water. Each Party shall designate, in writing, a person or _ persans who have authority to evaluate such a verbal request and determine whether such a request should be granted. 6. NOTICE: All notices, requests, demands and other comniuxucations hereunder shall be in writing and sha11 be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by overnight carrier to the following addresses: If to Tacoma: If to Citv of Auburn: Ms. Linda M¢Crea Mr. Dan Repp Water Superintendent Utilities Engineer PO Box 11007 1 East Main Street Tacoma, WA 98411 Auburn, WA 98001 Phone: (253) 502-8245 Phone: (253) 804-5062 : Fax: (253) 502-8694 Fax: (253) 931-3053 7. COMMODITY COST: Tacoma will supply Auburn with water at the wholesale water service rate as identified in TMG Section 12.10.400, City of Tacoma Water Rates and Regulations. Invoices will include a monthly ready to serve chazge based on meter size and eonsumption charges based on water used. Consumption charges will be at the` constant use rate for the first-30 da.ys of use. If use exceeds 30 days the Superintendent will have the discretion to reclassify the consumption charge to the summer season `peaking ra.te. These water rates aze periodically adjusted and shall be applicable as set : forth in the rate schedule as adopted by the Public Utility Boazd and Tacoma City Council. 8. CONVERSION OF SERVICE: Establishment of an emergency intertie and providing emergency water shall not be considered a commitment of water availability for future retail or wholesale service. Conversion of an emergency intertie to retail or wholesale service will require an assessment of water availability, a decision to serve by the appropriate body, payment of a system developmeat charge, and a commitment to comply with applicable rate and service policies. 9. INDEMNITY: Neither Party sha11 be liable for failure.to deliver water to the other Party at any time. If water is pmvided, it shall be provided only from surplus production and/or storage capacity of the supplying utility as determined at tfie time of intertie operation Each Party understands and aclnowledges that the other Pariy makes no wamanties or Exhibit A Resolution No. 4648 October 12, 2010 Page 3 of 4 ' assurances as to water availability, pressure or volume at any given time relating to the intertie. _ lA. TERMINATION OF SERVICE: Termination of this intertie agreement by either Party shall be preceded by not less .than one (12) calendar months written notice to the other. Party. Dated this ~ day of PCT'DYJeiy , 2010. CITY OF TACOMA CITY OF AUBURN ~ By: By: - ~ Linda McCrea; Water Superintendent Mayor Approved as to form and legality Approyed as o d legality , . By:- y. . Chief Assistan City Attomey Attorney Exhibit A ' Resolution No. 4648 October 12, 2010 , Page 4 of 4 EXHIBIT A ~ EMERGENCY INTERTIE CONNECl'ION SPECIFICATIONS £a ~ :0 - _ ~ Ti►CCMA WE OON7NOL , m p i 3) t r ' . R . ROMt CONVOI AWC tl._.,._...._......__ . _ ~ ~ • . . . ' ` - - a SiTE PL:AN Intertls LorAtior► Cannectlon Meter Elevation OperaMg Pressure Flow Copacity (ft.~ (Pei) (9Pm) ~ ~ Ute e a c Au Tacoma Water Plpeline 5 . . (srn 765+05) 12. s• aa.zi' 45.24 309 80 2.2e0 At '8" St. NW (Auburn, WA) ~ EXHIBIT B ~ GENERAL LOCATION MAP ' t ~~e~`'.. ,c.?o~#`~,° a~ _s ri. - r : ` .M. v s,: .m3:" _ u J~~ . . 5 _,..'.:•i, r~ t a - $ ~ ~k,ut~ ~r-~ . _ - b {~J~t~~ S _ ~ "'..H'' f.'•.. "s . W'(j ' ' . ~ . ~ fi~ . • ' ~ i . ~ - ird f 'frW➢ C ~ J 6. _ 4 _~~v~~~ x€,~ k ~`r~ d~ ~ ~ a~ ~~r. f fi ~ : Jt~iT ° ~ ~ rlr4 r? Q 1 ~`-.5r fI ~«e4 "fl5 a ~ " j Y Y j / ~(.Y ~iS '~x~ f$' ~".~j' I o •'.:i y'r V ~1'r+~- S ~ .