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