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HomeMy WebLinkAbout3374RESOLUTION NO. 3374 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, REPEALING RESOLUTION NO. 3358 AND THE AUTHORIZATION THEREFOR AND APPROVING THIS RESOLUTION NO.3374 AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EMERGENCY WATER SYSTEM INTERTIE AGREEMENT BETWEEN THE CITY OF AUBURN AND THE CITY OF KENT. WHEREAS, Resolution No. '3358 authorizing the execution of an Emergency Water System Intertie Agreement was approved by the City Council on June 18, 2001; and WHEREAS, the Emergency Water SyStem Intertie Agreement attached as Exhibit "A" to Resolution NO. 3358 was a draft of the final Emergency Water System Intertie Agreement agreed to by Auburn and Kent; and WHEREAS, changes were made by both parties to the draft agreement attached to Resolution No. 3358 that were intended to be in the agreement executed by both parties; and WHEREAS, pursuant to RCW 35A.11.040, Auburn and Kent have legal authority to exercise their powers and perform any of their functions as set forth in RCW 39.34; and WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, Auburn and Kent have legal authority to cooperate with other localities on the basis of mutual advantage and provision of services; and WHEREAS, the City of Auburn and the City of Kent currently have an emergency water system intertie; and Resolution No. 3374 07/17/01 Page 1 WHEREAS, the existing intertie station is going to be removed and relocated as part of the South 277"' Street Improvement project; and WHEREAS, a temporary emergency water system intertie Will be constructed and available for use during the South 277th Street Improvement project; and WHEREAS, an agreement outlining the design, construction and operation of the temporary and permanent emergency water system intertie is needed. NOW, THEREFORE, THE COUNCIL OF THE CITY.OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. Pursuant to RCW 39.34, the Interlocal Cooperation Act, Auburn and Kent have legal authority to cooperate with other localities on the basis of mutual advantage and provision of services. Section 2. The Mayor and City Clerk of the City of Auburn are herewith authorized to execute the Emergency Water System Intertie Agreement which was agreed to between the City and the City of Kent. A copy of said Agreement is attached hereto, denominated as Exhibit "A" and made a part hereof as though set forth in full herein. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 3374 07/17/01 Page 2 DATED this ,/~day of ,2001. CITY OF AUBURN CHARLES A. BOOTH MAYOR ATTEST: City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Resolution No. 3374 07/17/01 Page 3 Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 PACXFX¢ NIJ TXT AG PAGE ~t OF 095 xe/23/2eoi o9: KXNG COUNTY, U~ RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. EMERGENCY WATER SYSTEM INTERTIE AGREEMENT ~/~E.5 3.~ ? 5.) Reference Number(s) of Documents assigned or released: r-]Additional reference #'s on page__ of document Lo~r Grantor(s) (Last name first, then first name and initials) 1. Auburn, City of Grantee: (Last name first) 1. Kent, City of Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) N/A Government Interlocal Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number N/A Government Interlocal [] Assessor Tax # not yet assigned EMERGENCY WATER SYSTEM INTERTIE AGREEMENT Kent/Auburn Intertie Agreement No. 1 THIS AGREEMENT made and entered into by and between the City of Auburn, hereinafter referred to as Auburn, and, the City of Kent, hereinafter referred to as Kent, for the purposes of planning, designing, constructing, maintaining, and operating an emergency system intertie between the respective parties, WITNESSETH: WHEREAS, both Cities have water facilities in the vicinity, and WHEREAS, both Cities can increase fire protection and emergency water supply reliability for their customers, and WHEREAS, the Cities are willing to provide the necessary services to increase fire fighting and emergency supply reliability upon the terms and conditions set forth herein, NOW, 1. THEREFORE, IT IS MUTUALLY AGREED as follows: The emergency water system intertie is intended to be operated manually as a two way emergency supply between the Auburn and Kent Systems. The intertie facility shall be located near South 277th Street at the Water Service Area Boundaries between the two cities. An existing intertie located at B Street NE and South 277th Street will be replaced with a temporary metering station and eventually a permanent metering station. Final location and configuration of the facilities shall be determined at the time of final design. The emergency water system intertie shall be operated only in the event of an emergency. For purposes of this agreement, an emergency shall be defined as resulting from a water shortage, a major water line break, fire demand, contamination to the water supply system, mechanical equipment failure, electrical equipment failure or Puget Sound Energy facility failure, or any other agreed upon emergency within the water supply system. Auburn has acquired the right of way for the metering station and Kent will design and administer the contract for the construction of the temporary facilities within the right of way acquired by the City of Auburn. The permanent facilities will be constructed as part of the South 277th Street Improvement Project. All of the facilities will be designed and constructed in accordance with reasonably accepted water utility standards for similar municipal water utilities. Auburn will own and maintain the piping, interior o equipment, emergency meter and interior appurtenances, and all piping up to the Kent side of the vault for both the temporary and permanent metering stations. Upon completion of construction, Auburn will transfer ownership of all exterior appurtenances, and all piping which is located on the Kent side of the vault, to Kent. Kent will own and maintain the exterior appurtenances and all piping on Kent's side of the vault. Each City will each have unlimited access to the vault via a dual padlock or ownership of keys to the vault. Each City will operate the respective normally locked valve inside of the vault. Auburn will solely unlock and operate the locked valve on Auburn's side of the meter and Kent will solely unlock and operate the locked valve on Kent's side of the meter. The procedure for operating the intertie in the event of such emergency shall be as follows: Each City shall determine that an emergency of sufficient magnitude has occurred which warrants the need to request that the intertie be activated. The Public Works Director or appointed person or authorized personnel shall provide a verbal request to the other City's Public Works Director or appointed person. Upon agreement that an emergency exists which shall allow for the intertie to be opened, the intertie will be activated as soon as reasonably possible. Both Cities' personnel shall be present at the vault to open the valves to activate the facility. The City requesting the activation shall provide a written confirmation of the request not less than 24 hours after the verbal request, or on the first day of normal business after the verbal request. The intertie shall remain activated until the City requesting activation determines that the need for activation of the emergency intertie has ceased and shall request in writing to close the intertie. Eo In case of emergency or whenever the public health, safety, or the equitable distribution of water so demands, the City supplying the water may change, reduce or limit the time for or temporarily discontinue the supply of water without notice; water service may be temporarily interrupted, limited for purposes of making repairs, 10. extensions or doing other necessary work; and the City supplying the water shall not be responsible for any damage resulting from interruption, change or failure of the water supply, and the City receiving the water (City requesting activation) shall save and hold harmless the City supplying the water from any loss, damages or suites to or by customers of the City receiving the water resulting from interruption, change or failure of water supply provided by this Agreement, except damages arising out of the City supplying the wateFs negligence. Prior to a planned interruption or limiting of service, the City supplying the water will notify the City receiving the water of such not less than three days prior to the service disruption. The City supplying the water agrees to use best efforts and reasonable diligence to notify the City receiving the water as soon after it becomes aware of the need for service disruption and further will, to the extent practical, limit the service disruption to daylight hours. Auburn shall read the meter upon activation and upon deactivation of the intertie. The city supplying the water shall verify the information and shall then calculate and invoice the other City for the water used during the request. The invoice shall be calculated by the total water used during the event. The rate shall be at the current Auburn or Kent Wholesale Rate depending on which city is supplying the water. This shall be complete payment for the water, labor, and administration of activating the intertie. The total project costs shall include costs for consulting design service, and construction. These costs shall be paid for by the City of Kent. The project costs shall be reviewed and agreed upon by Public Work Directors of both Cities at the beginning and end of each stage described above. Each City is responsible for associated staff, administration and legal costs associated with the implementation of the agreement. To the extent allowed by law, the City of Kent shall defend, indemnify, and hold harmless the City of Auburn, its elected officials, employees and agents from 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 or in connection with or incident to an act or omission of the City of Kent, its employees, agents, and contractors in the performance of the City of Kent's obligations under the Agreement and this Amendment. This indemnification provision shall include, but is not limited to, all claims against the City of Auburn by an employee or former employee of the City of Kent or its contractors and, as to such claims, the City of Kent expressly waives all immunity and limitation of liability under Title 51 RCW. To the extent allowed by law, the City of Auburn shall defend, indemnify and hold harmless the City of Kent, its elected officials, employees and agents from and against any and all suits, claims, actions, losses, costs, expenses of litigation, attorney's fees, penalties, and damages or whatsoever kind or nature arising our of, in connection with or incident to an act or omission of the City of Auburn, its employees, agents, and contractors in the performance of the City of Auburn's obligations under this Agreement. This indemnification obligation shall include, but is not limited to, all claims against the City of Kent by an employee or former employee of the City of Auburn or its contractors and, as to such claims, the City of Auburn expressly waives all immunity and limitation of liability under Title 51 'RCW. 11. This Agreement shall remain in force until terminated by either party hereto upon 60-days written notice to the other party. Any project costs, incurred up to the date of such notice, as described herein, shall be shared in accordance with the provisions of this Agreement. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF AUBURN King County, Washington Mayor Date City Attorney Date CITY OF KENT King~/,~ ..~,¢,~C°unty' W~ / Mayor Date,._., Approved as to form: By: ~ ~::~.City Attorney Date H:\WQWATER UTILITYIlNTERTIES\KEN%KENT EIA - FINAL.DOC