HomeMy WebLinkAbout3434RESOLUTION NO. 3 4 3 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN EMERGENCY WATER SYSTEM INTERTIE AGREEMENT
BETWEEN THE CITY OF AUBURN AND THE CITY OF BONNEY LAKE.
WHEREAS, pursuant to RCW 35A.11.040, Auburn and Bonney Lake
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 Bonney Lake 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 Bonney Lake currently
have water facilities in the vicinity; and
WHEREAS, both cities can increase fire protection and emergency water
supply reliability for their customers; and
WHEREAS, both cities are willing to provide the necessary services to
increase fire fighting and emergency supply reliability upon the terms and
conditions set for in the Emergency Water System Intertie Agreement.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES THAT:
Resolutior~ No. 3434
February 27, 2002
Page I
Section 1. Pursuant to RCW 39.34, the Interlocal Cooperation Act,
Aubum and Bonney Lake 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 ara
herewith authorized to execute an Emergency Water System Intertie
Agreement between the City and the City of Bonney Lake. 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, 3434
February 27, 2002
Page 2
DATED this/~day of
ATTEST:
,2002.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
'Da~'tielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
City Attorney
Resolution No. 3434
February 27, 2002
Page 3
Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein): ~- ~
Interlocal Agreement - Emergency Water System Intertie Agreement
Reference Number(s) of Documents assigned or released:
[--IAdditional reference #'s on page of document
~,O
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
E'-- Auburn, City of '
Grantee/Assignee/Beneficiary: (Last
Bonney Lake, City of name first)
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
PER RCW 39.34
[] Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number
[] Assessor Tax # not yet assigned ~
EXHIBIT A
EMERGENCY WATER SYSTEM INTERTIE AGREEMENT
Bonney Lake/Auburn Intertie Agreement No. 3
THIS AGREEMENT made and entered into by and between the City of Auburn,
hereinafter referred to as Auburn, and, the City of Bonney Lake, hereinafter referred to
as Bonney Lake, 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, THEREFORE, IT IS MUTUALLY AGREED as follows:
The emergency water system intertie is designed to be operated manually
as a two way emergency supply between the Auburn and Bonney Lake
Systems. The facility shall be located in Evergreen Way SE at the Water
Service Area Boundaries between the two cities. Final location and
configuration of the facilities shall be determined at the time of final
design. Initially the Intertie is assumed to be a one-way supply from
Bonney Lake to Auburn.
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.
Aubum will design and administer the contract for the construction of the
metering station. The facility 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
equipment, emergency meter and interior appurtenances, and all piping
up to the Bonney Lake side of the vault for the metering station.
Exhibit A
Resolution No. 3434
=
Upon completion of construction, Auburn will transfer ownership of all
exterior appurtenances, and all piping, which is located on the Bonney
Lake side of the vault, to Bonney Lake. Bonney Lake will own and
maintain the exterior appurtenances and all piping on Bonney Lake'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 Bonney Lake will solely unlock and operate the
locked valve on Bonney Lake'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.
Bo
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.
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,
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
=
10.
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
water's 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 Wholesale Rate or the
lowest Bonney Lake retail 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. Auburn shall bear the total project costs, until and
unless it can be demonstrated that Bonney Lake can benefit from the
intertie. At such time, the parties agree to negotiate the fair share of the
total actual project costs that correspond to the benefit Bonney Lake could
receive. Bonney Lake agrees to pay such fair share of the total project
costs upon billing for same by Auburn. Bonney Lake will have the right to
build an intertie from Auburn to Bonney Lake at another location. Bonney
Lake will bear the cost of building a separate intertie. 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 Bonney Lake 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 Bonney Lake, its
employees, agents, and contractors in the performance of the City of
Bonney Lake'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 Bonney Lake or its contractors and, as to such claims, the City of
Bonney Lake 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 Bonney Lake, 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 Bonney Lake 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
[vlayor Date
Approved as toz~.m: .
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CITY OF B(3rl~' LAKE .
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By: /'. ? ~,.~y./'_./,,,-.~
Mayor z;L_~,.~te /
· ity Attor(--r~y Date