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Home My WebLink About3444~d . RESOLUTION NO. 3444 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 COVINGTON WATER DISTRICT AND WATER DISTRICT #111. WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, Auburn, Covington Water District (Covington) and Water District #111 (#111) have legal authority to cooperate with other localities on the basis of mutual advantage and provision of services; and WHEREAS, Auburn has existing water interties and associated water supply agreements with Covington and #111, and WHEREAS, Auburn will enter into Emergency Water Supply Agreement No. 1 with Lakehaven Utility District, hereinafter referred to as "LUD", whereby LUD can provide water it has available, in the event of an emergency, and WHEREAS, the LUD Intertie No. 1 and agreement can increase the reliability of Auburn's water supply for Covington and #111 if water is available from LUD in the event of an emergency, WHEREAS, it is in the public interest for the parties herein to enter into an emergency water supply agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Resolution No. 3444 03/14/02 Page 1 Section 1. Pursuant to RCW 39.34, the Interlocal Cooperation Act, Auburn, Covington and #111 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 the City and Covington Water District and Water District #111 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. 3444 03/14/02 Page 2 DATED this lstday of April , 2002. CITY OF AUBURN . PETER B. LEWIS ~ MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Resolution No. 3444 03/14l02 Page 3 l.illy f1LlVl IICy EMERGENCY WATER SUPPLY AGREEMENT Auburn/Covington/V1later District #111 THIS AGREEMENT made and entered into by and between the City of Auburn, hereinafter referred to as "Auburn", and Covington Water District, hereinafter referred to as "Covington", and Water District #111, hereinafter referred to as "#111 WITNESSETH: WHEREAS, Auburn has existing water interties and associated water supply agreements with Covington and #111, and WHEREAS, Auburn has entered into Emergency Water Supply Agreement No. 1 with Lakehaven Utility District, hereinafter referred to as "LUD", whereby LUD can provide water it has available, in the event of an emergency, and WHEREAS, the LUD Intertie No. 1 and agreement can increase the reliability of Auburn's water supply for Covington and #111 if water is available from LUD in the event of an emergency, WHEREAS, it is in the public interest for the parties herein to enter into an emergency water supply agreement, NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: Intertie Project Description. LUD has granted to Auburn the right to connect, for the purposes described herein, an emergency intertie and apgurtenances to the end of the 16-inch water main located in the vicinity of 15 Street Northwest and Terrace Drive in Auburn, Washington, more specifically shown on Exhibit A. The intertie facility shall be sited on property owned by Auburn. 2. Intertie Project Payment. Covington and #111 agree to pay for the design and construction of the emergency intertie described in Paragraph No. 1, and the replacement of 140 linear feet of existing water main with a 16-inch transmission line in 15th St NW, between "R" St. NW and the proposed intertie vault. Covington will act as the contracting agency, paying for purchase and installation of the facilities described herein. Water District #111 will act as the design agency, providing design and construction support services. At the completion of construction, the total of design, construction support, purchase, and installation costs shall be summed and divided evenly between Covington and #111. The intertie facilities and piping are to be designed and construcfed in accordance with Auburn's design standards. The emergency intertie shall comply with all LUD resolutions and rules applicable to a connection to LUD's water system including, but not limited to, the requirements that the LUD provide written approval of plans and specifications for the connection of intertie facilities prior to construction. Upon completion of the emergency intertie project, Covington will transfer to Exhibit "A" - Res. 3444 Page 1 Auburn through Bill of Sale all facilities constructed under this Agreement. Auburn will transfer through Bill of Sale to LUD ownership of and maintenance responsibility for the meter, associated appurtenances necessary to monitor emergency use of the intertie, the gate valve upstream of the vault and all piping upstream of that gate valve. Auburn will retain ownership of and maintenance responsibility for the vault, control valve, and all other piping and appurtenances. 3. Intertie Project Purpose. The emergency intertie described in Paragraph No. 1 herein is being installed to provide an emergency water supply. In the event Auburn perceives that curtailment of water supply to Covington or #111 will be necessary, Auburn will notify the parties of the situation and request whether or not the parties would like the LUD intertie activated. If Covington or #111 would like the LUD intertie activated, the requesting party must submit such request to Auburn in writing. Upon receipt of a request from Covington or #111, Auburn will submit a written request to LUD. Water shall not be withdrawn from the supply without the prior written approval of LUD. At the time approval is sought, Auburn shall state the requested time of commencement of use, the expected duration of withdrawal and quantity of water to be withdrawn. Auburn shall request an extension or termination of intertie operation in writing, if the duration of expected withdrawal is extended or shortened. 4. Payment of Service and Quantity Charges. Covington and #111 shall pay Auburn all monthly service charges, and quantity charges for any water received from LUD for-the benefit of Covington and #111. Monthly service and quantity charge rates shall be established by LUD resolution for the use of an 8-inch meter and the applicable water rate. The rate for emergency water use will be the greater of LUD's rate to Auburn plus a wheeling charge, or the Auburn Wholesale rate for Covington and #111 as established by City Ordinance. These rates may be revised without notice to Covington and #111 and such revised rates shall apply to emergency water deliveries made pursuant to this agreement. Examples of the current rates are included in Exhibit B. 5. Conditions of Use. (a.) In the event LUD 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 LUD, LUD may change, reduce or limit the time of use, or temporarily discontinue the supply of water without notice; (b.) In the event LUD must change, reduce, limit or temporarily discontinue service, Auburn may be required to change, reduce or limit the time of use, or temporarily discontinue the supply of water without notice to Covington and #111; (c.) Water service may be temporarily interrupted, limited for purposes of making repairs, extensions or doing other necessary work; and (d.) Prior to a planned interruption or limiting of service as set forth in (c) above the City will notify Covington and #111 of such planned Exhibit "A" - Res. 3444 Page 2 interruption or limiting of service. The City agrees to use best efforts to notify Covington and #111 as soon after it becomes aware of the need for such a service disruption. (e.)Activation procedures are as described in Exhibit C 6. Water Quality. Water available to the parties to this Agreement shall be in compliance with all applicable state and federal drinking water laws, regulations and standards. 7. Discontinuation of Use. In the event of non-perFormance of any provision herein by Covington and/or #111, Auburn may shut off water supplied pursuant to this Agreement. 8. Hold Harmless. Covington and #111 agree to indemnify, defend and hold harmless Auburn, 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 Covington's and #111's default, failure of perFormance, or negligent conduct associated with this Agreement, and any failure of the Auburn water system to deliver flow to Covington and #111, in whole or in part, as described in this Agreement. This indemnification provision shall include, but is not limited to, all claims against Auburn by an employee or former employee of Covington and #111 or their contractors and, as to such claims, Covington and #111 expressly waive all immunity and limitation of liability under Title 51 RCW. Auburn agrees to indemnify, defend and hold harmless Covington and #111, their 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 Auburn's default, or negligent conduct associated with this Agreement. This indemnification provision shall include, but is not limited to, all claims against Covington and #111 by an employee or former employee of Auburn or its contractors and, as to such claims, Auburn expressly waives all immunity and limitation of liability under Title 51 RCW. 9. Agreement Termination. This Agreement may be terminated by mutual agreement of all parties hereto upon 60-days written notice to the other parties. 10. Dispute Resolution. The parties shall make good faith efforts to resolve by informal discussion any dispute arising under or in connection with this Agreement. If at any time a party to this Agreement determines that such informal discussions will not result in a resolution of the dispute, such party may request formal discussion by all parties identified in Paragraph 11. If formal discussion by the parties identified in Paragraph 11 does not resolve the dispute, a settlement conference shall be held within thirty (30) days of the unsuccessful resolution meeting. The settlement conference will be held at the Seattle office of Judicial Arbitration and Mediation Services, Inc. ("JAMS"). The complaining party must contact JAMS to schedule the conference. The parties may agree on a retired judge from the JAMS panel. Exhibit "A" - Res. 3444 Page 3 If they are unable to agree, JAMS will provide a list of three available judges and each party may strike one. The remaining judge will serve as the mediator at the settlement conference. 11. Notices. Notices should be sent to the parties at the following addresses: Public Works Director City of Auburn 25 West Main Street Auburn, WA 98001 General Manager Covington Water District 18631 SE 300th Place Covington, WA 98042 General Manager Water District #111 27224 144th Avenue SE Covington, WA 98042 Exhibit "A" - Res. 3444 Page 4 IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF AUBURN King County, Washington General Manager Approved as to form: WATER DISTRICT #111 King County, Washington By: General Manager Date Approved as to form: By: General Counsel Date COVINGTON WATER DISTRICT King County, Washington By: By: General Counsel Date Date Exhibit "A" - Res. 3444 Page 5 - ~By: 1 02 Mayor Date S 296th c S 305t ST ~~Lr o co S~ v~ '9 G Cn W ~ r- , W > ' In y- N d s »nN > cr S• U) U') to d 5 31OM n L( S 312t ~ z~ ~ 0 8 ~ 0 N / ST ~ CD ~ vw x -4 y W ~ a ~ 296TM ti . s ; v d ~ ,.3 a w co / zsth sT xw 29th_ _ ST N o a 26th ST ~ ~ NW ~ F- im n 22nd ST z tt . . . . to . M NW a 20th ST ' A , i a SrrE CATION ~ W 4 ~ 15th ST ~ z F En o I a 14th ST NW ~ ~ : + M ~ 97H cr ! ~ . Sl Nw r , . •v , Me R I ~ D Q. I ~ cl) ~ z s sncn sr ~ w E ~ v i 2nd z MA IN ~ •S MT. VIEW A ~ ~ LEGEND EXHIBIT A AUBURN CITY LIMITS GENERAL VICINITY MAP NATER SERVICE AREA BOUNDARY OF INTERTIE FACILITIES !din 40-1 PbtbG OCTOBEfl 10. 2001 ^ I S 316th ST t~ > S 318t ST c ~ w Pl mv S ST th I ~ }j1 7N $T S. 5 324iM Pl ~ w > d W > < ~ ~ a ~ N < S 328t 'ST ~ c°o Exhibit B EMERGENCY WATER SUPPLY AGREEMENT Auburn/ Covington/VVater District #111 Example of Monthlv Meter Cost: In accordance with Auburn/LUD Emergency Intertie Agreement #1, LUD currently does not have an adopted monthly rate for an 8" meter, and would use Tacoma Public Utilities' (TPU) monthly meter rate until such time as Lakehaven adopts a rate for this size meter. TPU's rate for an 8" meter is $804.00 (Effective 4/23/01) Cost to Covington and #111 $402.00 each Example of Emerqencv Water Rates in 2002 Emergency Intertie Water Use Rate $1.092 /ccf in 2002 (based on LUD rate to Aubum) Auburn Wheelinq Rate $0.15 /ccf Total $1.242 /ccf Aubum Water Utility Rates (Ord 5291) Wholesale #111 (and Covington) $1.10 /ccf* Covington and #111 Water Use Rate equals $1.242 /ccf in 2002 * Rate subject to change due to a proposed take or pay agreement between Auburn and Covington and #111 Exhibit "A" - Res. 3444 Page 7 Exhibit C EMERGENCY WATER SUPPLY AGREEMENT Auburn/ Covington/Water District #111 Operation Procedures 1. Water supply requests of Covington and/or #111, or any combination of the two, plus Auburn water use exceeds available supply from Auburn due to an emergency. 2. Auburn determines that it can not provide requested supply and therefore must curtail #low to Covington and/or #111. Auburn notifies Covington and #111 of need to curtail. 3. Covington and/or #111 request Lakehaven Intertie be activated by Auburn. 4. Auburn notifies Lakehaven of emergency and asks how much water Lakehaven can supply and for how long. 5. Lakehaven responds with rate and duration. 6. Auburn requests Intertie be activated for a given flow rate and duration. 7. a) If Lakehaven plus Auburn supply will be greater or equal to the supply requested by Covington and #111 Flush line, read the meter and open the intertie When the emergency is over, close intertie and read meter b) If Lakehaven plus Auburn supply still is less than the requested supply, Auburn notifies Covington and #111 of available supply and requests a breakdown of how the LUD supply plus the Auburn supply is to be distributed. When this information is received: Flush line, read the meter and open the intertie When the emergency is over, close intertie and read meter Deactivation 8. If Auburn determines that the water supply emergency is over and it can supply Auburn plus Covington and #111's requested water supply without use of the LUD intertie, Auburn will request of LUD that the intertie be closed. 9. If LUD determines that it must reduce or terminate supply, LUD will notify Auburn (subject to Paragraph 5(a) of this Agreement). Auburn will notify Covington and #111 (subject to Paragraph 5(b) of this Agreement) that flow will be curtailed, and request how the parties would like any available water distributed. Exhibit "A" - Res. 3444 Pag@ 8