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HomeMy WebLinkAbout3443RESOLUTION NO. 3443 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 LAKEHAVEN UTILITY DISTRICT. WHEREAS, pursuant to RCW 39.34, the lnterlocal Cooperation Act, Auburn and Lakehaven Utility District (LUD) have legal authority to cooperate with other localities on the basis of mutual advantage and provision of services; and WHEREAS, the City has water facilities in the vicinity of a water main of LUD, and WHEREAS, the City can increase the reliability of water for its customers, including Covington Water District and Water District No. 111, if water is available from LUD in the event of an-emergency, and WHEREAS, LUD is willing to provide to the City emergency service upon the terms and conditions set forth herein, 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 Lakehaven Utility District 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 between Resolution No. 3443 03/14/02 Page 1 the City and Lakehaven Utility District with minor administrative changes if required. 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. 3443 03/14/02 Page 2 DATED this ls___~ay of April ,2002. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: City Attorney Resolution No. 3443 03/14/02 Page 3 Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 20030715000707 PACXFXC NU TXT AG 27,~e PAGE ~! OF ~e9 ~7/t5/25~3 t~:t5 KZNG COUNTY, UA RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Interlocal Agreement - Emergency Water Supply Agreement Reference Number(s) of Documents assigned or released: [-IAdditional reference #'s on page __ of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) Auburn, City of ~:~ii~, ';~ij..~ ,. Grantee/Assignee/Beneficiary: (Last name first) 1. LakehaVen Utility Di_strict 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 N/A [] Assessor Tax # not yet assigned EMERGENCY WATER SUPPLY AGREEMENT Lakehaven/Auburn Intertie No. 1 THIS AGREEMENT made and entered into by and betWeen the City of Auburn, hereinafter referred to as "City", and Lakehaven Utility District, hereinafter referred to as "District". WITNESSETH: WHEREAS, the City has water facilities in the vicinity of a water main of the District, and WHEREAS, the City can increase the reliability of water for its customers, including Covington Water District and Water District No. 111, if water is available from the District in the event of an emergency, and WHEREAS, the District is willing to provide to the City emergency service upon the terms and conditions set forth herein, NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 1. The District hereby grants to the City the right to connect, for the purposes described herein, a water meter and appurtenances to the end of the 16-inch water main located in the vicinity of 15th Street Northwest and Terrace Drive in King County, Washington, more specifically shown on Exhibit A. The intertie facility shall be sited on property owned by the City. 2. The meter described in Paragraph No. 1 herein is installed to provide an emergency water supply. Water shall not be withdrawn from the supply without the prior written approval of the District. At the time approval is sought, the City shall state the requested time of commencement of use, the expected duration of withdrawal and the quantity of water to be withdrawn. The City shall request in writing an extension of, or reduction in the duration of the withdrawal if the duration of the withdrawal is expected to vary from the original estimate. The District and City shall read the meter upon activation and upon deactivation of the intertie. The District may periodically bill the City for water used while the intertie is in operation or may bill for all such use after the withdrawal has ended. 3. It is anticipated by the parties that because the facility will be funded by agencies with emergency or intermptible water supply agreements with the City (specifically Covington Water District and Water District #111), the City may be called upon by adjoining agencies to provide an emergency supply of water beyond the City's ability to produce such supply, and therefore requests for emergency service under this Agreement may originate on behalf of those adjoining agencies. Exhibit "A" - Res. 3443 Page 1 4. Upon completion of the Emergency Intertie construction, the DiStrict will own and maintain the meter, associated appurtenances necessary to monitor emergency use of the intertie, the gate valve upstream of the vault and all piping upstream of the meter. The City will own and maintain the vault, control valve, and all other piping and appurtenances downstream of the meter (see Exhibit B). The City and the District shall have mutual access to the vault for periodic inspection and maintenance or repair of their respective facilities. 5. The City shall comply with all District resolutions and roles applicable to a connection to the District's water system including, but not limited to, the requirement that the District provide written approval of plans and specifications for the connection of intertie facilities prior to construction. 6. The City shall pay to the District the base monthly service charge and quantity charge for any water received. Monthly service and quantity charge rates shall be established or amended by District resolution for the use of an eight (8)-inch meter and the applicable water rate. The rate for emergency water use Will be the greater of the District's adopted summer non-residential (Commercial/Public Authority) water rate or the City of Tacoma's (Tacoma) adopted wholesale water rate plus a District wheeling rate determined by the District. Examples of the current rates are included in Exhibit C. The District or Tacoma may revise these rates from time to time without notice to the City and such revised rates shall apply to emergency water deliveries made pursuant to this agreement. 7. This Agreement shall not authorize or permit the City to take water from the 'connection described herein beyond what is described in paragraph 2, 3, and Exhibit D. o Conditions (a.) In the event the District determines that the use of the emergency intertie is or will impose a negative impact to the public health, safety, or the equitable distribution of water within the District, the District may change, reduce or limit the time for, or temporarily discontinue, the withdrawal of water without notice; (b.) Water service may be temporarily interrupted or otherwise limited for purposes of making repairs, extensions or doing other necessary work to the water system; and (c.) Prior to a planned interruption or limiting of service as set forth in (b) above the District will notify the City of such planned interruption or limiting of service. The District agrees to use best efforts to notify the City as soon after it becomes aware of the need for such a service disruption. (d.) Operating conditions are as described in Exhibit C 9. Payment of all invoices for services and charges from the District shall be paid within 45 days of the invoice date. 10. In the event of non-performance of any provision herein by the City, District may shut off water supplied pursuant to this Agreement. Exhibit "A" - Res. 3443 Page 2 11. The use of this intertie is contingent upon receiving approval of same from the Department of Health pursuant to applicable regulations. 12. The City agrees to indemnify, defend and hold harmless the District, its officers, directors, employees and agents, and their successors and assigns, from any and all costs or claims arising out of or in any way resulting from the City's default, failure of performance, or negligent conduct associated with this Agreement. This indemnification provision shall include, but is not limited to, all claims against the District by an employee or former employee of the City or their contractors and, as to such claims, the City expressly waives all immunity and limitation of liability under Title 51 RCW. The District agrees to indemnify, defend and hold harmless the City, its officers, directors, employees and agents, and their successors and assigns, from any and all costs or claims arising out of or in any way resulting from the District's default, failure of performance or negligent conduct associated with this Agreement. This indemnification provision shall include, but is not limited to, all claims against the City by an employee or former employee of the District or its contractors and, as to such claims, the District expressly waives all immunity and limitation of liability under Title 51 RCW. 13. The parties shall make good faith efforts to resolve by informal discussion any dispute arising under or in connection with this Agreement. Should a dispute arise between the parties that cannot be resolved satisfactorily, a mediator mutually acceptable to the parties shall resolve the dispute through the use of mediation at equal cost to each party. Should the Parties not be able to satisfactorily resolve the dispute through mediation, the forum for resolution shall be the King County Superior Court. The prevailing party shall be entitled to attorney fees and costs. 14. This Agreement may be terminated by either party hereto upon 60-days written notice to the other party. 15. Notices should be sent to the City and the District at the following addresses: Public Works Director City of Auburn 25 West Main Street Auburn, WA 98001 General Manager Lakehaven Utility District P.O. Box 4249 Federal Way, WA 98003 Exhibit "A" - Res. 3443 Page 3 IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF AUBURN King County, Washington Mayor Date Appro~f~ to/f~/~ LAKEHAVEN UTILITY DISTRICT King County, Washington ~ General Manager ' (~ ---'Date Approv/~ a~to form(~ By: cOunse1 -Date Exhibit "A"- Res. 3443 Page 4 Exh~it C ' Example of Monthly Meter Cost: Lakehaven currently does not have an adopted monthly rate for an 8" meter, and would use an amount near Tacoma's monthly meter rate until such time as Lakehaven adopts a rate for this size meter. Tacoma's rate for an 8" meter is $815.04 (Effective 4/23/01) Lakehaven's proposed starting monthly rate: $804.00 Example of Emergency Water Rates in 2002 Lakehaven Utility District Rates (Resolution 99-906) Commercial/Public Authority Water Rate 1.060 $/ccf (Effective 1/1/2000) City of Tacoma Rates'(Ordinance No. 26800) plus Lakehaven Wheeling Rate Summer Wholesale Water Rate to Lakehaven Lakehaven Wheeling Rate Total Emergency Water Use Rate equals 0.912 $/ccf (Effective 4/22/02) 0.180 $/ccf (Current Estimate) 1.092 $/ccf 1.092 $/ccf in 2002 Exhibit "A" - Res. 3443 Page 7 Exhibit D Operating Conditions Prior to intertie activation the 16" water main upstream of the District's meter shall be flushed by the District. Any costs incurred by the District beyond labor time and the cost of water used for the flushing operation shall be paid by the City. e The City will maintain a back pressure-sustaining feature within the metering facility in order to maintain adequate pressure within the District's service area while also preventing uncontrolled flows. The District will maintain the right to authorize or direct the City to change the minimum up-stream pressure setting if an adjustment is warranted to increase flow capacity or maintain adequate pressure in the District's distribution system. The initial settings for the pressure-sustaining valve shall be noted on the approved construction plans and shall be stored in a waterproof container in the vault. Records of any future revised pressure settings shall be maintained and noted on the "record drawings" for the metering facility retained by the parties, and the information stored in the vault shall be updated. The City will control the delivery flow rate from Lakehaven. The current estimated maximum allowable flow rate from Lakehaven is 1750 gpm ( or 2.5 mgd) more or less, so long as Lakehaven customers are not impacted. The City's system has the capacity to receive water at a maximum instantaneous rate of up to approximately 5 mgd. 4. The District and City will coordinate the telemetry system so each will receive the signal required for its operation and monitoring. Exhibit "A" - Res. 3443 Page 8