HomeMy WebLinkAbout3125 RESOLUTION NO. 3125
A RESOLUTION OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON,
AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY
OF AUBURN AND KING COUNTY DEPARTMENT OF NATURAL
RESOURCES TO ALLOW KING COUNTY ACCESS TO AUBURN SANITARY
SEWER MAINS AND APPURTENANCES FOR THE PURPOSE OF
COLLECTING INFORMATION ON THE CONDITION OF EXISTING SEWER
MAINS AND ASSESSING LOCATIONS OF POSSIBLE INFLOW AND
INFILTRATION INTO AUBURN'S WASTEWATER CONVEYANCE
FACILITIES.
WHEREAS, King County has determined that substantial amounts of
extraneous water (hereinafter "infiltration & inflow" or "l&l") enter local sewer
systems which are tributary to King County's wastewater conveyance and
treatment facilities; and
WHEREAS, King County is willing to fund a study to gather information on
local sewer systems tributary to the County's system, and believes cost savings
can be realized by reducing I&l in some of these sewer systems; and
WHEREAS, the City has determined that it is in its best interest to
participate in this study to identify any areas of substantial I&l into the local sewer
system;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUBURN:
Section 1. Purpose is to provide for the entry of County contractors into
the City's sewer lines to collect information on inflow and infiltration and to
analyze the condition of these lines.
Section 2. ConStitutionality or Invalidity. If any section, subsection,
clause or phrase of this Resolution is for any reason held to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity
or constitutionality of the remaining portions of this Resolution, as it being hereby
expressly declared that this Resolution and each section, subsection, sentence,
clause and phrase hereof would have been prepared, proposed, adopted and
Resolution No. 3125
November 30, 1999
Page I of 2
approved and ratified irrespective of the fact 'that any one or more section,
subsection, sentence, clause, or phrase be declared invalid or unconstitutional.
Section 3. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation.
INTRODUCED: December 20, 1999
PASSED: Decembe~ 20, 1999
APPROVED: Dec-embe~ 20, 1999
CITY OF AUBURN
CHARLES A. BOOTH, MAY6R
ATTEST:
~D~Cler/z~k
ROVERS T FORM:
Michael J. Reynolds, City Attorney
PUBLISHED:
Resolution No. 3125
November 30, 1999
Page 2 of 2
UTILITIES COOPERATION AGREEMENT BY AND BETWEEN
CITY OF AUBURN
AND
KING COUNTY
FOR
INFLOW/INFILTRATION PROGRAM STUDY
This Agreement, is made and entered into this c~'~ay of ~ ,
between.the City of Auburn, a municipality, in the State of Washington,
(hereinafter, "the City") and King County, a home rule charter county in the State of
Washington, acting through its Department of Natural Resources (herein after "the
County", or "DNR").
WHEREAS, the parties have entered into a long-term Agreement for Sewage Disposal
March 1, 1974, and amended thereafter (hereinafter referred to as the "Basic
Agreement"); and
WHEREAS, King County has determined that substantial amounts of extraneous water
(hereinafter "infiltration & inflow" or "I&I") enter local sewer systems which are
tributary to King County's wastewater conveyance and treatment facilities; and
WHEREAS King County is willing to fund a study to gather information on local
sewer systems tributary to the County's system, and believes cost savings can be
realized by reducing I&I in some of these sewer systems; and
WHEREAS, the City has determined that it is in its best interest to participate in this
study to identify any areas of substantial I&I into the local sewer system.
NOW, THEREFORE, it is hereby agreed as follows:
Section 1. Purpose and Duration
1.1 The purposes of this agreement are (a) to provide for the entry by County
contractors into the City's sewer lines to collect information on I&I and to analyze the
conditions of these lines, and (b) to secure, to the extent obtainable by the City, access
to privately owned. side sewers, if such access is deemed necessary by the County, for
the purpose of collecting information and analyzing the conditions leading to I&I into
those privately owned sewer lines.
1.2 The information referenced in subsection 1.1 above will be collected using
various methods, including, at a minimum, flow monitoring, smoke testing, dye testing
and television inspection of manholes and sewer lines.
1.3 The duration of this agreement shall be from the date of execution until
completion of the study or December 31, 2005, whichever should come first. The
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Page 1 of 6 Auburn - King County Cooperation Agreement for I&I Study
duration of this agreement shall not be exceeded without the written agreement of both
parties.
Section 2. County Responsibility
2.1 The County, as the party funding this I&I study, shall be responsible for its
contractor's performance in the local system and on private property, including.
compliance with all applicable federa/, state and local laws, regulations, and
ordinances. King County shall also ensure that specific responsibilities between the
County's contractor and the City will be defined before initiation of any work within
the City's sewer service area.
2.2 King County shall provide a copy of its contract with any contractor engaged to
perform under this Agreement to the City prior to the initiation of any activities under
this Agreement. The County will require in its contract with its contractor it engages
that the contractor shall provide the City with a certificate fi'om the contractor's
liability insurance carrier that such policy is in force and stating that the insurer shall
provide the City with notice of cancellation of said policy no less than 45 calendar days
prior to cancellation. Said certificate shall further state that the City, as an additional
insured, is entitled to the same notice of cancellation of the policy as is the primary
insured, if said notice period is more than 45 days. The County shall require in its
contract with any contractor it engages that the contractor's general and automobile
liability insurance coverage shall have limits not less than;
$5,000,000 each occurrence and for those policies with
an aggregate limit a $5,000,000 aggregate.
The contractor engaged to perform under this Agreement to obtain and maintain at a
minimum the limits of insurance set forth in the King County Regional I&I Control
Project RFP No. E93051E June1999. By agreeing to such minimum insurance the
City shall not be deemed or construed to have assessed the risk that may be applicable
to the contractor under this Agreement. The contractor shall assess its own risks, if
deemed appropriate and/or prudent, maintain greater limits and/or broader coverage.
2.3 The City agrees, understands and acknowledges that the County is fully self-
insured for its liability exposures. Should an incident occur involving the negligence
of County employees acting in the scope of their employment, the County's self-
funded program will respond.
2.4 The County shall be responsible for notifying owners of private property when
access to such property is necessary to carry out the purposes of this Agreement.
2.5 The County shall contact the owners of side sewers to provide all public
information related to the studies or other activities performed under this Agreement.
2.6 The County or its contractor will provide to the City a schedule of all testing
activity that has the potential to disturb sewer customers. This schedule will be
furnished to the City's Sewer Engineer at least three days in advance of work.
2.7 Within a reasonable time following completion of the I&I study provided for in
this Agreement, the County shall, in written form, provide the City with the
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information gathered by the County, as it relates to the City's sanitary sewers system,
the results of the study, the County's recommendations arising ~'om the study and a
comparison to similar sewer agencies in the county. During the course of the study, the
County shall provide the City with informal, annual progress updates.
Section 3. City Responsibility
3.1 The City shall provide to the County and its contractors the best records and
information available about the conditions of its manholes and the other parts of its
sewer system.
3.2 The City shall provide the County with property owner address data so that the
County may seek to obtain access to private property to assure that the work required
under this agreement can be accomplished efficiently, with the least amoUnt of impact
to local citizens.
3.3 The City agrees that the map attached hereto as Exhibit A is the area for the I&I
regional study.
3.4 The City shall add its name and phone number to public information pieces
distributed to City customers by the County.
Section 4. Indemnification
To the extent allowed by law, each party shall defend, indemnify and hold harmless the
other party, its elected officials, employees agents and contractors ~'om and against any
and all suits, claims, actions, losses, costs, expenses of litigation, attorney's fees,
penalties, and damages of whatsoever kind or nature arising out of, in connection with
or incident to an act or omission of each party, its employees, agents, and contractors in
the performance of each party's obligations under this Agreement. In the event of
litigation between the parties to enforce the rights under this section, reasonable
attorney's fees shall be allowed to the prevailing party.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting fi-om the concurrent negligence
of the County and the City, its officers, officials, employees, agents, contractors and
volunteers, the County's liability hereunder shall be only to the extent of the county's
negligence. It is further specifically and expressly understood that the indemnification
provided herein constitutes the County's waiver of immunity under Industrial
Insurance Title 51 RCW, solely for the purpose of this indemnification. This wavier
has been mutually negotiated by the City and County. The provisions of this section
shall survive the expiration or termination of this Agreement.
Section 5. Basic Agreement Unchanged
Each party shall comply with all provisions of the Basic Agreement without
qualification or condition by reason of any provision or interpretation of this
Agreement, it being the intention of the parties that the Basic Agreement shall not
otherwise be affected or modified hereby.
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Section 6. Termination
6.1 Termination for Convenience. The County and the City, for its convenience may
terminate this agreement, in whole or part, at any time by written notice sent certified
mail, return receipt requested, to the other party.
6.2 Termination for Default. In addition to termination for convenience, if either
party fails to perform or comply with any material provision of this agreement, the
other party may terminate this contract, in whole or in part, for default. Termination
shall be effected by serving a Notice of Termination by certified mail, return receipt
requested, on the other party setting forth the manner in which the other party is in
default and the effective date of termination; provided, that the other party shall have
ten calendar working days to cure the default.
6.3 Termination for Non-Appropriation. If expected or actual funding is withdrawn,
reduced or limited in any way prior to the termination date set forth in this contract or
in any amendment hereto, the County may, upon written notice to the City, terminate
this agreement in whole or part. Such termination shall be in addition to the County's
rights to terminate for convenience or default.
Funding for this agreement beyond the current appropriation year is conditional upon
appropriation by the County Council of sufficient funds to support the activities
described in this agreement. Should such an appropriation not be approved, the
agreement shall terminate at the close of the current appropriation year. The
appropriation year ends on December 31 of each year.
Section 7. Notice
7.1 All Notices to the County required under the terms of this Agreement shall be
given in writing, addressed as follows:
King County Department of Natural Resources
Wastewater Treatment Division
201 South Jackson Street, MS: KSC - NR - 0501
Seattle, Washington 98104-3855
Atm: Gunass Sreibers, Program Manager
Telephone: (206) 684-2113
Fax: (206) 684-1774
7.2 All notices to the City required to be given under the terms of this Agreement
unless otherwise specified herein, or as may be amended, shall be given in writing,
addressed as follows:
City of Auburn
25 West Main
Auburn, WA 98001
Attn: JeffRoscoe, Sanitary Sewer Utilities
Telephone: (253) 931-4008
Fax: (253) 931-3053
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Section 8. Project Dispute Resolution
8.1 The parties' Project Managers shall use their best efforts to resolve disputes
related to or arising out of the studies or other activities conducted under this
Agreement. In the event that disputes cannot be resolved by the parties' Project
Managers, the County's Wastewater Treatment Division Manager and the City's
Utility Engineer will apply their best efforts to resolve disputes on matters between the
County and the City arising out of or related to the Agreement. If the
Managers/Engineers are unable to resolve a matter within fifteen (15) days of the time
such a matter is referred to them in writing, the Managers/Engineers shall ask the:
City's Public Works Director and the County's DNR Director to resolve the dispute,
subject to statutory, permit, or other requirements, policies or procedures.
8.2 The County and the City agree to exhaust each of these procedural steps before
seeking to resolve disputes in a court of law or other tribunal, except to the extent that
these procedures conflict with formal administrative appeal procedures, or a dispute
exceeds 80 days.
Section 9. Choice of Law
This Agreement shall be construed and interpreted in accordance with the laws of the
State of Washington and the venue of any action brought hereunder shall be in the
Superior Court of King County.
Section 10. Amendment, Waiver
This Agreement shall not be amended except in writing, executed by both the County
and the City,
Section 11. Captious
Section titles and other headings contained in this Agreement are for convenience only
and shall not be part of this Agreement, nor considered in its interpretation.
Section 12. Binding Upon Successors
This Agreement shall inure to the benefit of, and be binding upon the successors and
assignees of both the County and the City.
Section 13. Counterparts
This Agreement may be executed in any number of counterparts, each of which shall
be an original, but such counterparts shall constitute one and the same instmment~
Section 14. Waiver
No waiver by either party of any term or condition of this Agreement shall be deemed
or construed as a waiver of any other term or condition, nor shall a waiver of any
breach be deemed to constitute a waiver of any subsequent breach whether of the same
or a different provision of this Agreement.
Page 5 of 6 Auburn - King County Cooperation Agreement for I&I Study
Section 15. No Third-Party Beneficiaries
This Agreement is entered into solely for the mutual benefit of the County and the
City. This Agreement is not entered into with the intent that it shall benefit any other
party and no other such person shall be entitled to be treated as a third-party
beneficiary of this Agreement.
Section 16. Effective Date
This Agreement shall take effect when both parties hereto have executed this
document.
Section 17. Entire Agreement
This document constitutes the complete agreement of the parties regarding the matters
described herein and there are no other agreements, express or implied, not contained
herein. The Agreement may be modified only in writing and signed by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date and year first written above.
CITY OF AUBURN
Ap roved as to Form:
Michael J. Reynolds Charles A. Booth, Mayor
City Attomey
Attest:
Danielle E. Daskam, City Clerk
KING COUNTY
Approved as to Form:
William Blakney, 16734 Pare Bissonnette, Director
Sr. Deputy Prosecuting Attorney Department of Natural Resources
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