Loading...
HomeMy WebLinkAbout3637RESOLUTION NO. 3 6 3 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, SUPERCEDING RESOLUTION NO. 3543 AND AUTHORIZING THE MAYOR TO EXECUTE A TURNOUT CONSTRUCTION AGREEMENT BETWEEN THE CITY OF AUBURN AND THE CITY OF TACOMA WATER DIVISION WHEREAS, Auburn and Tacoma are responsible for operating and maintaining public water systems in accordance with federal, state and local laws and regulations, and WHEREAS, the parties recognize that water resources are finite and vulnerable, and the prudent use and management of these resources requires cooperation among water utilities, and WHEREAS, Auburn and Tacoma entered into a Turnout Construction Agreement authorized by City of Auburn Resolution No. 3543, dated November 18, 2002, for the construction of one turnout, and WHEREAS, Auburn and Tacoma have determined that it would be beneficial to construct two additional turnouts, and WHEREAS, Auburn has water facilities in the vicinity of the Tacoma Second Supply Project pipeline, and Auburn will have an agreement with one or more SSP Partner to purchase water that will be delivered via the SSP, and Resolution No. 3637 August 28, 2003 Page 1 pursuant to this agreement construction of the turnout to the SSP is set forth which turnout will be used for delivering and metering the purchased water, and WHEREAS, this agreement will supercede the Turnout Construction Agreement authorized by City of Auburn Resolution No. 3543, dated November 18, 2002. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. This resolution shall supercede Resolution No. 3543, and authorizes the Mayor to execute the Turnout Construction Agreement between the City and the City of Tacoma Water Division, in substantial conformity with the agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Resolution No. 3637 August 28, 2003 Page 2 Dated and Signed this ATTEST: ~day offS- '~.~003. CITY OF AUBURN PETER B. LEWIS MAYOR Da~ie. lle E. Daskam, City Clerk APPROVED AS TO FORM: City Attorney Resolution No. 3637 August 28, 2003 Page 3 TURNOUT CONSTRUCTION AGREEMENT BETWEEN TACOMA WATER AND CITY OF AUBURN This agreement made and entered into this q ¢~ day of ~c-~-/'~ ., 2003, by and between the City of Auburn (hereinafter referred to as "Auburn") and City of Tacoma Water Division (dba Tacoma Water and hereinafter referred to as "Tacoma"), WITNESSETH THAT: A. RECITALS: WHEREAS, Auburn and Tacoma are responsible for operating and maintaining public water systems in accordance with federal, state and local laws and regulations, and WHEREAS, the parties recognize that water resources are finite and vulnerable, and the prudent use and management of these resources requires cooperation among water utilities, and WHEREAS, Auburn and Tacoma have previously entered into a Turnout Construction Agreement authorized by City of Auburn Resolution No. 3543, dated November 18, 2002, for the construction of one turnout, and WHEREAS, Auburn and Tacoma have determined that it would be beneficial to construct two additional turnouts, and WHEREAS, Auburn has water facilities in the vicinity of the Tacoma Second Supply Project (SSP) pipeline, and Auburn will have an agreement with one or more SSP Partner to purchase water that will be delivered via the SSP, and pursuant to this agreement construction of the turnout to the SSP is set forth which turnout will be used for delivering and metering the purchased water. NOW THEREFORE, IT IS MUTUALLY AGREED as follows: Bo The Turnout Construction Agreement between Tacoma Water and City of Auburn dated November 8, 2002, and adopted by City of Auburn Resolution 3543 dated November 18, 2002, is hereby superceded by this Agreement. C. DEFINITIONS: The definition of certain terms, when used in this agreement, are as follows: TURNOUT means a physical connection between water mains of the two parties to this agreement, at specifically identified points, where water may be transferred Exhibit" 1" Auburn Resolution No. ~ ~.~ 7 -1- from the supplies of one system to the transmission or distribution facilities of the other. ISOLATION VALVE means a positive shut-offvalve that shall be installed immediately downstream of the water meter vault at the point in each water system that is used to accept or deliver water through the turnout. The isolation valve is defined as part of the system connected to the turnout and not part of the turnout. Each connected system has sole responsibility for providing and operating their isolation valve. TURNOUT CAPACITY means the maximum flow capacity for water to be delivered through a turnout as agreed upon by the parties to this agreement. Turnout facilities shall be designed so as to be capable of conveying no less than the maximum agreed upon flow. SSP means the Second Supply Project (to bring water to the SSP Partners) SSP ISOLATION VALVE means a positive shut-off valve that shall be installed at the point in each water system that is used to accept or deliver water through the turnout. The SSP isolation valve is defined as part of the system connected to the turnout upstream of the meter vault. Each connected system has sole responsibility for providing the SSP isolation valve. Tacoma will be responsible for operating the SSP isolation valve. SSP PARTNERS refers to the City of Kent, Tacoma Water, Covington Water District and Lakehaven Utility District. PURCHASE OF WATER FOR THIS TURNOUT: The purchase of water to be delivered via this subject turnout shall be by a separate agreement with one or more of the SSP Partners and Auburn. This Turnout Construction Agreement does not guarantee any rights to use or purchase water from any of the SSP Partners. Tacoma will only allow Auburn, its successors and assigns, to obtain water via the subject turnout after the applicable SSP partner has advised Tacoma in writing that an acceptable agreement for water purchase has been executed. In delivering water via the subject tumouts, Tacoma will be relying on directions and/or confirmation from the SSP partner as to the timing and quantities of water deliveries and all other aspects of providing water via the subject turnouts. In the event of a disagreement between Auburn and the applicable SSP Partner pertaining to entitlement to continued water delivery via the subject turnouts, Tacoma is entitled to rely on the written directions or instructions of the SSP partner. Therefore, Auburn agrees that it shall not file any claim or legal action against Tacoma when Tacoma's actions are consistent with the written directions or instructions from the applicable SSP partner from which Auburn has contractual arrangements to purchase water. Exhibit "1" - 2 - Auburn Resolution No. E. CONDITIONS: The TURNOUTS described in Exhibits A, B-l, B-2 and B-3 attached to this agreement shall be governed by the terms of this agreement. No future TURNOUTS shall be permissible without a subsequent and separate written agreement between the parties. The cost of design and construction of the TURNOUTS and installation of the meters shall be the responsibility of Auburn, and the design and construction shall be subject to Tacoma's review, inspection and approval. o By this agreement Auburn agrees that the ownership of the SSP ISOLATION VALVES directly off of the SSP Project, piping from the SSP ISOLATION VALVES to the meters or spools, the meters or spools, meter vaults, pipe stubs out from the vaults and telemetry shall be with Tacoma (see Exhibit A for more information), with all capital costs to be paid by Auburn. Maintenance and operation of the SSP ISOLATION VALVES, piping and meters will be performed solely by Tacoma, and Aubum will be invoiced for such costs and shall reimburse Tacoma. Meter vault maintenance costs and any cost for maintaining any equipment such as pumps, buildings and other appurtenances downstream of the meter shall also be the responsibility of Auburn. In addition, in the event any of the facilities require replacement or upgrading, this cost is Auburn's responsibility. In the event that access or other permits are necessary for Tacoma to operate and maintain the subject facilities, Auburn shall provide the necessary permits, which shall also become an exhibit to this agreement. (See Exhibit A for a plan showing the facilities and the responsibility of the parties). Upon completion of the construction of the Tumouts, Tacoma will own the meters and associated appurtenances necessary to monitor use of the turnouts. Se Auburn shall comply with all applicable laws and requirements including City of Tacoma ordinances/resolutions and Customer Service Policies and/or other rules applicable to a connection to Tacoma's water system including, but not limited to, the requirements that Tacoma provide written approval of plans and specifications for the connection of turnout facilities prior to construction. o Auburn agrees that it shall make payment of all invoices for services and charges from Tacoma within 45 days of the invoice date. Late payment shall result in a late payment charge of 1% on the unpaid balance, and failure to pay any invoice or bill related to this agreement within 60 days of mailing may result in Tacoma's termination of water service at the turnout. Exhibit "1" Auburn Resolution No. -3- Notices should be sent to Auburn and to Tacoma at the following addresses: Water Superintendent Tacoma Water P. O. Box 11007 Tacoma, WA 98411 o 10. 11. Public Works Director City of Auburn 25 West Main Auburn, WA 98001-4998 Neither this Agreement nor any right or privilege herein shall be assigned by any party without the written consent of the other parties. Uncontrollable forces or state or federal law changes may occur during the time this Agreement is in place. Neither of the parties hereto shall be considered to be in default in respect to any obligations hereunder if prevented from fulfilling such obligations by reason or uncontrollable forces or material changes in state or federal law or enforcement thereof. Parties rendered unable to fulfill any obligation hereunder by reason of an uncontrollable force or material change in state or federal law shall exercise due diligence to deal with such uncontrollable force with all reasonable dispatch and to take actions consistent with the purpose of this agreement. This Agreement describes the entire relationship of the parties with regard to the subject matter herein concerned. Except as maybe explicitly provided otherwise herein, the parties are independent agencies and shall not be deemed to be partners, joint ventures, principals, or agents or each other for any purpose whatsoever. Each party shall have and maintain sole and complete control over all of its employees, agents and operations. Except as may otherwise be explicitly provided herein, or in separate agreement, each and all of the obligations, responsibilities, and liabilities of the parties under and in connection with this Agreement are several, and not joint, and no separate legal or administrative entity will be created to fulfill the purposes of this Agreement. Except as expressly set forth in this Agreement, none of the provisions of this Agreement shall inure to the benefit or be enforceable by any third party. Exhibit" 1" Auburn Resolution No. -4- 12. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 13. No change, amendment or modification or any provision of this Agreement shall be valid unless set forth in a written amendment to this Agreement signed by all parties. 14. The SSP Partners must approve this Agreement. IN WITNESS WHEREOF, the following parties have duly executed this agreement on the date written above: City of Tacoma Department of Public Utilities Water Division legality: City of Auburn Title: .///,fi]¥ Approved by the SSP Project Partners at their Project Committee meeting held on September 12, 2003. Exhibit "1" - 5 - Auburn Resolution No. EXItIBIT A TURNOUT DESCRIPTION Co TURNOUT #1: A tumout between a 60" diameter water line owned by Tacoma and a 16" diameter water line containing Auburn water. The turnout is located at the intersection of 132nd Avenue SE and SE 296th Street extended. The turnout consists of 12" diameter piping with 12" diameter valves to control flow. A 6- inch diameter water meter will be used to measure the volume of water transferred between the two systems. The meter will be contained in a concrete vault buffed in the Second Supply Pipeline right-of-way. Second Supply Pipeline construction drawings 15-19-62 and 15-19-69 are attached and show the detail for the turnout vault construction. The turnout is designed to be capable of conveying at least 3000 gallons per minute from Tacoma owned facilities to Auburn with approximately 125-foot differential in hydrostatic pressure under normal operating conditions. TURNOUT #2: A 12-inch turnout connection located on the east side of B Street NW and approximately 32nd Street NW between Tacoma's 60"diameter Second Supply Pipeline and Auburn's 16" diameter water line in B Street. An 8-inch diameter water meter will be used to measure the volume of water transferred between the two systems. Second Supply Pipeline construction drawings 15-25- 29 and 15-21-62 are attached and show the details for the turnout vault construction. The turnout is designed to be capable of conveying at least 8300 gallons per minute from Tacoma owned facilities to Auburn with approximately 405-foot differential in hydrostatic pressure under normal operating conditions. TURNOUT #3: A 12-inch turnout connection located at approximately K Street NE and approximately 32na Street NE between Tacoma's 60" diameter Second Supply Pipeline and Auburn's adjacent water line. An 8-inch diameter water meter will be used to measure the volume of water transferred between the two systems. Second Supply Pipeline construction drawings 15-25-29 and 15-21-66 are attached and show the details for the turnout vault construction. The turnout is designed to be capable of conveying at least 8300 gallons per minute from Tacoma owned facilities to Auburn with approximately 405-foot differential in hydrostatic pressure under normal operating conditions. Exhibit "1" - 6 - Auburn Resolution No. 3AV pu ~l I I m ! ! ! ! ~m ~ ! ! ~m lm mm ! m m m m mm m m m I ~ ~ I i m m m -. m -. m ,O-,OT Exhibit B-1 General Vicinity Map of Tumout #1 Facilities (SSP construction drawing 15-19-23) Exhibit "1" Auburn Resolution No. -7- I II Exhibit B-2 General Vicinity Map of Turnout #2 Facilities (SSP construction drawing 15-21-62) Exhibit "1" Auburn Resolution No. -8- o I I I I I I I I I I Exhibit B-3 General Vicinity Map of Turnout #3 Facilities (SSP construction drawing 15-21-66) Exhibit "1" Auburn Resolution No. -9- ~o g g . o