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Home My WebLink AboutITEM IV-EDraft 8/31 / 10 Tacoma Water EMERGENCY INTERTIE AGREEMENT BETWEEN CITY OF TACOMA AND CITY OF AUBURN This emergency interne agreement ("Agreement") is made by and between the City of Tacoma, Department of Public Utilities, Water Division d/b/a/ Tacoma Water, a municipal corporation (hereafter "Tacoma"), and the City of Auburn, a municipal corporation (hereafter "Auburn"). Tacoma and Auburn collectively shall be referred to as the "Parties" or either Tacoma or Auburn may be referred to as "Party" when appropriate. A. RECITALS: WHEREAS, Auburn and Tacoma are responsible for operating and maintaining their public water systems in accordance with federal, state and local laws and regulations, and WHEREAS, the Parties recognize the responsibility of public water utilities to provide for the highest quality of water and reliability of service to their customers at reasonable cost, and WHEREAS, the Parties further 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 has requested that an interne be established with Tacoma, to be available incase of emergency need, and Auburn does have water system facilities nearby that can be interconnected so as to be mutually beneficial to both utilities during periods of system emergency, and WHEREAS, the Parties recognize that Auburn intends to use this interne for wholesale service in the future, NOW THEREFORE, it is agreed that Auburn and Tacoma may provide for interties of water mains and the terms and conditions contained herein shall apply. B. DEFINITIONS: The definition of certain terms, as used later in this Agreement, are as follows: INTERTIE: A physical connection between water mains of the two Parties to this Agreement, at specifically identified points, where water may be transferred from the supplies of one system to the transmission or distribution facilities of the other. SURPLUS PRODUCTION CAPACITY: Volumetric rate of available water supply, from the sources of the supplying water system, which can be transferred through an interne after all service requirements to the customers of the supplying system have been met. 1 Draft 8/31 / 10 Tacoma Water ISOLATION VALVE: A positive shut off valve which shall be installed at the point in each water system which is used to accept or deliver water through the interne. Each connected system has sole responsibility for providing and operating their isolation valve. INTERTIE CAPACITY: The flow capacity for water to be delivered through an interne as agreed upon by the Parties to this Agreement. Interne facilities shall be designed so as to be capable of conveying no less than the agreed upon flow. EMERGENCY: Defined as resulting from a water shortage, a maj or water line break, fire demand, contamination of the water supply system, mechanical equipment failure, electrical equipment failure, or any other agreed upon emergency affecting the water supply system. C. CONDITIONS 1. GENERAL: The interne described in exhibits A and B attached to this document shall be governed by the terms of this agreement. No future interties shall be permissible without a subsequent and separate written agreement between the Parties, which agreement may supplement this agreement. Neither Party shall be obligated to agree to or execute any such agreement or permit the other Party to construct additional connections. 2. PURPOSE: The interne described in exhibits A and B attached to this document shall be utilized only in emergency situations unless converted by mutual Agreement to a regular wholesale service. Tacoma will first determine that surplus production capacity is available before providing water for an emergency situation. 3. CAPITAL COSTS: The cost of construction of the proposed interne, to include all facilities and equipment necessary to deliver water, installation of the meter and vault and connection to Tacoma Water's Pipeline 5 (STA 765+5) at "B" Street NW shall be the responsibility of Auburn. As used in this paragraph, "cost of construction" shall include, but not be limited to, all actual costs of labor, materials, permitting, equipment, engineering, legal, publication, SEPA compliance, and any costs customarily incurred in such projects. The meter and vault will be designed, constructed and owned by Tacoma. Auburn has deposited $ 61,700.00 with Tacoma to cover the estimated costs. If Tacoma determines that the initial deposit is not sufficient to pay for all costs of construction, Auburn shall deposit such additional amounts with Tacoma as Tacoma requires to complete design and construction of the project. If the cost of construction is less than the deposit, Tacoma shall refund the remaining balance. 4. MAINTENANCE COSTS: Each utility shall be responsible for operating and maintaining their facilities including isolation and flow control valves as applicable (see Exhibit A). Vault and meter maintenance costs shall be the responsibility of Tacoma. Should Tacoma ever need Auburn to relocate their infrastructure to accommodate a Tacoma Water project, Auburn will do so at their own cost. 5. OPERATING PROTOCOL: The Party requesting water shall submit a written request to the supplying Party and the supplying Party must give written permission prior to the 2 Draft 8/31 / 10 Tacoma Water transference of any water to the requesting Party. Should a situation arise necessitating the supply of water immediately a verbal request shall initially be sufficient followed by a written request. Verbal authorization, however, must be obtained from the supplying Party before obtaining any water. Each Party shall designate, in writing, a person or persons who have authority to evaluate such a verbal request and determine whether such a request should be granted. 6. NOTICE: All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by overnight carrier to the following addresses: If to Tacoma: If to City of Auburn: Ms. Linda McCrea Water Superintendent PO Box 11007 Tacoma, WA 98411 Phone: (253) 502-8245 Fax: (253) 502-8694 COMMODITY COST: Tacoma will supply Auburn with water at the wholesale water service rate as identified in TMC Section 12.10.400, City of Tacoma Water Rates and Regulations. Invoices will include a monthly ready to serve charge based on meter size and consumption charges based on water used. Consumption charges will be at the constant use rate for the first 30 days of use. If use exceeds 30 days the Superintendent will have the discretion to reclassify the consumption charge to the summer season peaking rate. These water rates are periodically adjusted and shall be applicable as set forth in the rate schedule as adopted by the Public Utility Board and Tacoma City Counci . 8. CONVERSION OF SERVICE: Establishment of an emergency inter-tie and providing emergency water shall not be considered a commitment of water availability for future retail or wholesale service. Conversion of an emergency interne to retail or wholesale service will require an assessment of water availability, a decision to serve by the appropriate body, payment of a system development charge, and a commitment to comply with applicable rate and service policies. 9. INDEMNITY: Neither Party shall be liable for failure to deliver water to the other Party at any time. If water is provided, it shall be provided only from surplus production and/or storage capacity of the supplying utility as determined at the time of inter-tie operation. Each Party understands and acknowledges that the other Party makes no warranties or assurances as to water availability, pressure or volume at any given time relating to the interne. 10. TERMINATION OF SERVICE: Termination of this inter-tie agreement by either Party shall be preceded by not less than one (12) calendar months written notice to the other Party. 3 Draft 8/31 / 10 Tacoma Water Dated this day of , 2010. CITY OF TACOMA CITY OF AUBURN By: By: Linda McCrea, Water Superintendent Approved as to form and legality Approved as to form and legality By: Chief Assistant City Attorney 4 ~ V ~ ~ ~ ~ °o vat N ~ ~ N ~ ~ ~ 0 4~ ~ ~ ~ ~ ~ ~ 4~ ~ a Q ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 ~ ~ O ~ ~ ~ m U ~ N W a ~ ~ O Z ~ N ~ ~ ~ ~ ~ ~ c U ~ W ~4 Z ~ x z ~ ~ ~ ~ w ~ N W U ~ ~ ~ N ~ N W ~ ~ a~ ~ ~ ~ ~ ~ ~ U W ~ ~ .o ~ ; N W ~ ~ ~ W o U ~ ~ ~ ~ ~ ~ ~ o ~ ~ ~ o ~ ~ ~ M ~ ~ a ~ ~ ~ a ~ Q ~ ~ Z ~ ~ ~ ~ ~ ~ v 0 c~ z w w w 0 U Y 0. O z U ~o F m o ~ a W W a I=- z ~ Q D m O W - 00 3 J J 0