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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 ~, 3/2 r 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 Page 2 of 6 Auburn - King County Cooperation Agreement for I&I Study 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. Page 3 of 6 Auburn - King County Cooperation Agreement for I&I Study 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 Page 4 of 6 Auburn - King County Cooperation Agreement for I&I Study 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 Page 6 of 6 Auburn - King County Cooperation Agreement for I&I Study