HomeMy WebLinkAbout09-15-2003 Item VIII-B-2.pdfCITY OF
AUBURN
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject Date:
Resolution No. 3637 September 9, 2003
Department: Attachments: Budget Impact:
Public Works Resolution No. 3637 and Agreement
Administrative Recommendation
City Council adopt Resolution No. 3637
Background Summary:
Resolution No. 3637 supercedes Resolution No. 3543 and authorizes the Mayor to execute a Turnout
Construction Agreement with the City of Tacoma Water Division.
On November 18, 2002, City Council adopted Resolution No. 3543, authorizing a Turnout Construction
Agreement for the construction of one turnout. Since that time, the cities of Auburn and Tacoma have
determined that it would be beneficial to construct two additional turnouts. Resolution No. 3637
supercedes Resolution No. 3543 and authorizes the Mayor to execute a Turnout Construction Agreement
for the construction of three turnouts.
W0915-1
04.11.6
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Action:
Committee Approval
Council Approval:
Referred to
Tabled
❑Yes ❑No
❑Yes ❑No Call for Public Hearing
Until _/_/
Until / /
Councilmember: Wagner I Staff: Dowdy
Meetina Date: September 15. 2003 1 Item Number: VIII.B.2
AUBURN* MOR -E THAN YOU IMAGINED
RESOLUTION NO. 3 6 3 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SUPERCEDING RESOLUTION NO.
3543 AND AUTHORIZING THE MAYOR TO EXECUTE A
TURNOUT CONSTRUCTION AGREEMENT BETWEEN THE
CITY OF AUBURN AND THE CITY OF TACOMA WATER
DIVISION
WHEREAS, Auburn and Tacoma are responsible for operating and
maintaining public water systems in accordance with federal, state and local
laws and regulations, and
WHEREAS, the parties recognize that water resources are finite and
vulnerable, and the prudent use and management of these resources requires
cooperation among water utilities, and
WHEREAS, Auburn and Tacoma entered into a Turnout Construction
Agreement authorized by City of Auburn Resolution No. 3543, dated November
18, 2002, for the construction of one turnout, and
WHEREAS, Auburn and Tacoma have determined that it would be
beneficial to construct two additional turnouts, and
WHEREAS, Auburn has water facilities in the vicinity of the Tacoma
Second Supply Project pipeline, and Auburn will have an agreement with one or
more SSP Partner to purchase water that will be delivered via the SSP, and
Resolution No. 3637
August 28, 2003
Page 1
pursuant to this agreement construction of the turnout to the SSP is set forth
which turnout will be used for delivering and metering the purchased water, and
WHEREAS, this agreement will supercede the Turnout Construction
Agreement authorized by City of Auburn Resolution No. 3543, dated November
18, 2002.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. This resolution shall supercede Resolution No. 3637, and
authorizes the Mayor to execute the Turnout Construction Agreement between
the City and the City of Tacoma Water Division, in substantial conformity with
the agreement attached hereto, marked as Exhibit "A" and incorporated herein
by this reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures 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 signatures hereon.
Resolution No. 3637
August 28, 2003
Page 2
DATED this _ day of , 2003.
Dated and Signed this day of , 2003.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
Resolution No. 3637
August 28, 2003
Page 3
TURNOUT DDRAFF
CONSTR UCTION A GREEMENT
BETWEEN TACOMA WATER
AND CITY OF AUBURN
This agreement made and entered into this day of , 2003, by and
between the City of Auburn (hereinafter referred to as "Auburn") and City of Tacoma
Water Division (dba Tacoma Water and hereinafter referred to as "Tacoma"),
WITNESSETH THAT:
A. RECITALS:
WHEREAS, Auburn and Tacoma are responsible for operating and maintaining
public water systems in accordance with federal, state and local laws and
regulations, and
WHEREAS, the parties recognize that water resources are finite and vulnerable,
and the prudent use and management of these resources requires cooperation
among water utilities, and
WHEREAS, Auburn and Tacoma have previously entered into a Turnout
Construction Agreement authorized by City of Auburn Resolution No. 3543,
dated November 18, 2002, for the construction of one turnout, and
WHEREAS, Auburn and Tacoma have determined that it would be beneficial to
construct two additional turnouts, and
WHEREAS, Auburn has water facilities in the vicinity of the Tacoma Second
Supply Project (SSP) pipeline, and Auburn will have an agreement with one or
more SSP Partner to purchase water that will be delivered via the SSP, and
pursuant to this agreement construction of the turnout to the SSP is set forth
which turnout will be used for delivering and metering the purchased water.
NOW THEREFORE, IT IS MUTUALLY AGREED as follows:
B. The Turnout Construction Agreement between Tacoma Water and City of Auburn
dated November 8, 2002, and adopted by City of Auburn Resolution 3543 dated
November 18, 2002, is hereby superceded by this Agreement.
C. DEFINITIONS:
The definition of certain terms, when used in this agreement, are as follows:
TURNOUT means a physical connection between water mains of the two parties
to this agreement, at specifically identified points, where water may be transferred
Exhibit "1" - 1 -
Aubum Resolution No. 3637
from the supplies of one system to the transmission or distribution facilities of the
other.
ISOLATION VALVE means a positive shut-off valve that shall be installed
immediately downstream of the water meter vault at the point in each water
system that is used to accept or deliver water through the turnout. The isolation
valve is defined as part of the system connected to the turnout and not part of the
turnout. Each connected system has sole responsibility for providing and
operating their isolation valve.
TURNOUT CAPACITY means the maximum flow capacity for water to be
delivered through a turnout as agreed upon by the parties to this agreement.
Turnout facilities shall be designed so as to be capable of conveying no less than
the maximum agreed upon flow.
SSP means the Second Supply Project (to bring water to the SSP Partners)
SSP ISOLATION VALVE means a positive shut-off valve that shall be installed
at the point in each water system that is used to accept or deliver water through
the turnout. The SSP isolation valve is defined as part of the system connected to
the turnout upstream of the meter vault. Each connected system has sole
responsibility for providing the SSP isolation valve. Tacoma will be responsible
for operating the SSP isolation valve.
SSP PARTNERS refers to the City of Kent, Tacoma Water, Covington Water
District and Lakehaven Utility District.
D. PURCHASE OF WATER FOR THIS TURNOUT:
The purchase of water to be delivered via this subject turnout shall be by a
separate agreement with one or more of the SSP Partners and Auburn. This
Turnout Construction Agreement does not guarantee any rights to use or purchase
water from any of the SSP Partners. Tacoma will only allow Auburn, its
successors and assigns, to obtain water via the subject turnout after the applicable
SSP partner has advised Tacoma in writing that an acceptable agreement for water
purchase has been executed. In delivering water via the subject turnouts, Tacoma
will be relying on directions and/or confirmation from the SSP partner as to the
timing and quantities of water deliveries and all other aspects of providing water
via the subject turnouts. In the event of a disagreement between Auburn and the
applicable SSP Partner pertaining to entitlement to continued water delivery via
the subject turnouts, Tacoma is entitled to rely on the written directions or
instructions of the SSP partner. Therefore, Auburn agrees that it shall not file any
claim or legal action against Tacoma when Tacoma's actions are consistent with
the written directions or instructions from the applicable SSP partner from which
Auburn has contractual arrangements to purchase water.
Exhibit "1" -2-
Auburn
2 -Auburn Resolution No. 3637
E. CONDITIONS:
1. The TURNOUTS described in Exhibits A, B-1, B-2 and B-3 attached to
this agreement shall be governed by the terms of this agreement. No
future TURNOUTS shall be permissible without a subsequent and
separate written agreement between the parties.
2. The cost of design and construction of the TURNOUTS and installation of
the meters shall be the responsibility of Auburn, and the design and
construction shall be subject to Tacoma's review, inspection and approval.
3. By this agreement Auburn agrees that the ownership of the SSP
ISOLATION VALVES directly off of the SSP Project, piping from the
SSP ISOLATION VALVES to the meters or spools, the meters or spools,
meter vaults, pipe stubs out from the vaults and telemetry shall be with
Tacoma (see Exhibit A for more information), with all capital costs to be
paid by Auburn. Maintenance and operation of the SSP ISOLATION
VALVES, piping and meters will be performed solely by Tacoma, and
Auburn will be invoiced for such costs and shall reimburse Tacoma.
Meter vault maintenance costs and any cost for maintaining any
equipment such as pumps, buildings and other appurtenances downstream
of the meter shall also be the responsibility of Auburn. In addition, in the
event any of the facilities require replacement or upgrading, this cost is
Auburn's responsibility. In the event that access or other permits are
necessary for Tacoma to operate and maintain the subject facilities,
Auburn shall provide the necessary permits, which shall also become an
exhibit to this agreement. (See Exhibit A for a plan showing the facilities
and the responsibility of the parties).
4. Upon completion of the construction of the Turnouts, Tacoma will own
the meters and associated appurtenances necessary to monitor use of the
turnouts.
5. Auburn shall comply with all applicable laws and requirements including
City of Tacoma ordinances/resolutions and Customer Service Policies
and/or other rules applicable to a connection to Tacoma's water system
including, but not limited to, the requirements that Tacoma provide written
approval of plans and specifications for the connection of turnout facilities
prior to construction.
6. Auburn agrees that it shall make payment of all invoices for services and
charges from Tacoma within 45 days of the invoice date. Late payment
shall result in a late payment charge of I% on the unpaid balance, and
failure to pay any invoice or bill related to this agreement within 60 days
of mailing may result in Tacoma's termination of water service at the
turnout.
Exhibit "1" -3-
Auburn
3-
Aubum Resolution No. 3637
7. Notices should be sent to Auburn and to Tacoma at the following
addresses:
Water Superintendent
Tacoma Water
P. O. Box 11007
Tacoma, WA 98411
Public Works Director
City of Auburn
25 West Main
Auburn, WA 98001-4998
8. Neither this Agreement nor any right or privilege herein shall be assigned
by any party without the written consent of the other parties.
9. Uncontrollable forces or state or federal law changes may occur during the
time this Agreement is in place. Neither of the parties hereto shall be
considered to be in default in respect to any obligations hereunder if
prevented from fulfilling such obligations by reason or uncontrollable
forces or material changes in state or federal law or enforcement thereof.
Parties rendered unable to fulfill any obligation hereunder by reason of an
uncontrollable force or material change in state or federal law shall
exercise due diligence to deal with such uncontrollable force with all
reasonable dispatch and to take actions consistent with the purpose of this
agreement.
10. This Agreement describes the entire relationship of the parties with regard
to the subject matter herein concerned. Except as maybe explicitly
provided otherwise herein, the parties are independent agencies and shall
not be deemed to be partners, joint ventures, principals, or agents or each
other for any purpose whatsoever. Each party shall have and maintain
sole and complete control over all of its employees, agents and operations.
Except as may otherwise be explicitly provided herein, or in separate
agreement, each and all of the obligations, responsibilities, and liabilities
of the parties under and in connection with this Agreement are several,
and not joint, and no separate legal or administrative entity will be created
to fulfill the purposes of this Agreement.
11. Except as expressly set forth in this Agreement, none of the provisions of
this Agreement shall inure to the benefit or be enforceable by any third
Ply
Exhibit "1" -4-
Auburn
4 -
Auburn Resolution No. 3637
12. The invalidity or unenforceability of any provision of this Agreement shall
not affect the other provisions hereof, and this Agreement shall be
construed in all respects as if such invalid or unenforceable provisions
were omitted.
13. No change, amendment or modification or any provision of this
Agreement shall be valid unless set forth in a written amendment to this
Agreement signed by all parties.
14. The SSP Partners must approve this Agreement.
IN WITNESS WHEREOF, the following parties have duly executed this
agreement on the date written above:
City of Tacoma City of Auburn
Department of Public Utilities
Water Division
By:_
Title:
By: _
Title:
Approved as to form & legality: Approved as to form & legality:
Approved by the SSP Project Partners at their Project Committee meeting held on the
day of 12003.
Exhibit "1" -5-
Auburn
5-
Aubum Resolution No. 3637
EXHIBIT A
TURNOUT DESCRIPTION
A. TURNOUT #1: A turnout between a 60" diameter water line owned by Tacoma
and a 16" diameter water line containing Auburn water. The turnout is located at
the intersection of 132"d Avenue SE and SE 296"' Street extended. The turnout
consists of 12" diameter piping with 12" diameter valves to control flow. A 6 -
inch diameter water meter will be used to measure the volume of water
transferred between the two systems. The meter will be contained in a concrete
vault buried in the Second Supply Pipeline right-of-way. Second Supply Pipeline
construction drawings 15-19-62 and 15-19-69 are attached and show the detail for
the turnout vault construction.
The turnout is designed to be capable of conveying at least 3000 gallons per
minute from Tacoma owned facilities to Auburn with approximately 125 -foot
differential in hydrostatic pressure under normal operating conditions.
B. TURNOUT 42: A 12 -inch turnout connection located on the east side of B Street
NW and approximately 32"d Street NW between Tacoma's 60"diameter Second
Supply Pipeline and Auburn's 16" diameter water line in B Street. An 8 -inch
diameter water meter will be used to measure the volume of water transferred
between the two systems. Second Supply Pipeline construction drawings 15-25-
29 and 15-21-62 are attached and show the details for the turnout vault
construction.
The turnout is designed to be capable of conveying at least 8300 gallons per
minute from Tacoma owned facilities to Auburn with approximately 405 -foot
differential in hydrostatic pressure under normal operating conditions.
C. TURNOUT #3: A 12 -inch turnout connection located at approximately K Street
NE and approximately 32nd Street NE between Tacoma's 60" diameter Second
Supply Pipeline and Auburn's adjacent water line. An 8 -inch diameter water
meter will be used to measure the volume of water transferred between the two
systems. Second Supply Pipeline construction drawings 15-25-29 and 15-21-66
are attached and show the details for the turnout vault construction.
The turnout is designed to be capable of conveying at least 8300 gallons per
minute from Tacoma owned facilities to Auburn with approximately 405 -foot
differential in hydrostatic pressure under normal operating conditions.
Exhibit "1" -6-
Auburn
6 -
Auburn Resolution No. 3637
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Exhibit B-1
General Vicinity Map of Turnout #1 Facilities
(SSP construction drawing 15-19-23)
Exhibit "1" -7-
Auburn
7 -
Auburn Resolution No. 3637
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Exhibit B-2
General Vicinity Map of Turnout #2 Facilities
(SSP construction drawing 15-21-62)
Exhibit "1" -8-
Auburn
8-
Aubum Resolution No. 3637
Exhibit B-3
General Vicinity Map of Turnout #3 Facilities
(SSP construction drawing 15-21-66)
Exhibit 111" - 9 -
Aubum'Resolution No. 3637