HomeMy WebLinkAboutITEM VIII-B-2
CITY OF
AUBURN AGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject: Date:
Resolution No. 4649 October 12, 2010
Department: Attachments: Budget Impact:
Public Works Resolution No. 4649 and Exhibit "A" $ 0
Agreement
Administrative Recommendation:
City Council adopt Resolution No. 4649.
Background Summary:
Resolution No. 4649 authorizes the Mayor and City Clerk to execute an Emergency Water System Intertie
Agreement between the City of Auburn and the Lakehaven Utility District.
The City of Auburn and Lakehaven Utility District have modified water system pipe and valves to allow
Lakehaven Utility the ability to provide emergency water into the Auburn system. The intertie allows the
City to improve water system reliability and to meet fire fighting needs during periods of water shortage
such as drought and equipment failure. The new agreement addresses details for intertie operation,
notification requirements, and compensation for water used.
W1018-6
04.11
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O
❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv. ® Finance ❑ Parks
❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning
❑ Park Board ®Public Works ❑ Legal ❑ Police
❑ Planning Comm. ❑ Other ® Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Wagner Staff: Dowd
Meeting Date: October 18, 2010 Item Number: VIII.B.2
AUBURN* MOILE THAN YOU IMAGINED
RESOLUTION NO. 4649
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND THE CITY CLERK TO EXECUTE
AN EMERGENCY WATER SYSTEM INTERTIE
AGREEMENT BETWEEN THE CITY OF AUBURN
AND THE LAKEHAVEN UTILITY DISTRICT
WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act,
Auburn and Lakehaven have legal authority to cooperate with other localities on
the basis of mutual advantage and provision or services; and
WHEREAS, the parties wish to enter into an Emergency Water System
Intertie Agreement in order to increase fire protection and emergency water
supply reliability for their customers;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
HEREBY RESOLVES as follows:
Section 1. That the Mayor and City Clerk are hereby authorized to
execute an Emergency Water System Intertie Agreement with the Lakehaven
Utility District in substantially the same form as attached hereto as Exhibit "A,"
which is made a part hereof as though set forth in full herein.
Section 2. That the Mayor is 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. 4649
October 12, 2010
Page 1 of 2
Dated and Signed this day of , 2009.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Resolution No. 4649
October 12, 2010
Page 2 of 2
EMERGENCY WATER AGREEMENT
Lakehaven/Auburn Intertie No. 2
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 water system reliability in emergencies for its
customers if water is available from the District, and
WHEREAS, the District is willing to provide to the City water service necessary to
increase the water system's reliability 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 a water meter and flow
control valve, and appurtenances to the end of the 6-inch water main located in a vault
near the intersection of Knickerbocker Road and Abby Drive in King County,
Washington.
2. The meter and flow control valve described in Paragraph No. 1 is installed to increase
the reliability of the City water system to meet demand during emergencies.
3. For purposes of this agreement, "emergency " shall mean 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 event agreed upon between the Parties..
4. The procedure for operating the intertie in the event of such an emergency shall be as
follows:
a. The City and District shall each determine that an emergency has occurred that
warrants the need to request that the intertie be activated.
b. The Public Works Director or designee of the City shall provide a verbal request to
the District General Manager or designee stating the requested time of
commencement, and estimated duration and quantity of water to be so used. Upon
verbal agreement by the District that an emergency exists, the intertie will be
Exhibit A
Resolution No. 4649
October 12, 2010
Page 1 of 4
activated as soon as reasonably possible. District and City personnel shall be present
at the vault to activate the facility.
c. The City 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.
d. Subject to condition in paragraph 10, the intertie shall remain activated until the
City determines that the need for activation of the emergency intertie has ceased. The
Public Works Director or designee of the City shall provide a verbal request to the
District General Manager or designee that the intertie be closed. The City shall
provide written confirmation within 24 hours after the verbal request, or on the first
day of normal business after the verbal request.
e. This emergency intertie facility is limited to a maximum flow-rate of 800-GPM
(gallons-per-minute).
5. The City and District staff shall read the meter upon activation and deactivation of the
intertie. The District shall then calculate and invoice the City for the water used during
the request. The invoice shall be calculated based on the total water used during the
event.
6. The City shall comply with all District resolutions and rules relating to connection to
the District's water system, unless modified by this agreement.
7. The City shall pay to the District the same connection fee, rates and charges and
monthly service charges, except for capital facilities charge, as are established from time
to time by District resolution and as are applicable to the use of a six (6)-inch meter. The
current monthly service charge for a six (6)-inch meter is $287.04 per month. The current
rate for water use is $ 1.24/ccf for winter usage (November - June) and $ 2.56/ccf for
summer usage (July - October) and these rates shall be in effect until such time as the
District amends its rate resolution or until a meter of different size is utilized.
8. This Agreement shall not authorize or permit the City to take water from the
connection described herein beyond what is described in Paragraph No. 4.
9. All costs of the meter and flow control installation including, but not limited to, time
and materials expended on improvements pursuant to this Agreement, shall be fully
reimbursed by the City. Any materials provided shall become the property of the District
upon completion of installation.
10. (a.) In case of emergency or whenever the public health, safety, or the equitable
distribution of water so demands, the District may change, reduce or limit the delivery
rate or time, or temporarily discontinue the emergency water connection to the City
Exhibit A
Resolution No. 4649
October 12, 2010
Page 2 of 4
without notice; (b.) Water service may be temporarily interrupted, limited for purposes of
making repairs, extensions or doing other necessary work; and (c.) The District shall not
be responsible for any damage resulting from interruption, change or failure of the
emergency water connection, and the City shall save and hold harmless the District from
any loss, damages or suits to or by customers of the City resulting from interruption,
change or failure of water supply provided by this Agreement, except damages arising out
of the District's negligence. Prior to a planned interruption or limiting of service, the
District will notify the City of such not less than three days prior to the service disruption.
The District agrees to use best efforts and reasonable diligence to notify City as soon after
it becomes aware of the need for service disruption.
11. To the extent allowed by law, each party shall defend, indemnify, and hold harmless
the other party, 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 indemnifying party, its employees, agents, and contractors in the
performance of the indemnifying party's obligations under the Agreement. This
indemnification provision shall include, but is not limited to, all claims against each party
by an employee or former employee of the indemnifying party or its contractors and, as to
such claims, each party expressly waives all immunity and limitation of liability under
Title 51 RCW.
12. In the event of non-performance of any provision herein by the City, District may shut
off water supplied pursuant to this Agreement.
13. This Agreement may be terminated by either party hereto upon 60-days written notice
to the other party.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
CITY OF AUBURN LAKEHAVEN UTILITY DISTRICT
King County, Washington King County, Washington
By: By:
Mayor Date General Manager Date
Exhibit A
Resolution No. 4649
October 12, 2010
Page 3 of 4
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Approved as to form: Approved as to form:
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By: By:
' i City Attorney Date General Counsel Date
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Resolution No. 4649
October 12, 2010
_ Page 4 of 4
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