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Home My WebLink About3358 R. ESOLUTION NO. 3..3 5 8 �t�� - �� 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 THE CITY OF KENT. WHEREAS, pursuant to RCV1l 35A.11.040, Auburn and Kent have legal authority to exercise their powers and perform any of their functions as set forth in RCW 39.34; and WHEREAS, pursuant to RCW 39:34, the Interlocal Cooperafion Act, Auburn and Kent have legal authority to cooperate with other localities on the basis of mutual advantage and provision of services; and WHEREAS, the City of Auburn and the City of Kent currently have an emergency water system intertie; and WHEREAS, the existing intertie station is going to be removed and reloeated as part of the South 277�' Street Improvement project; and WHEREAS, a temporary emergency water system intertie will be constructed and available for use during the South 277th Street Improvement project; and WHEREAS, an agreement outlining the design, construction and operation of the temporary and permanent emergency water system intertie is needed. Resolution No.3358 O6/04/01 Page 1 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, Aubum and Kent have legal authority to cooperate with other localities on the basis of mutual advantage and provision of services. Section 2. The Mayor and City Cle�k of the City of Auburn are herewith authorized to execute an Emergency Water System Intertie Agreement between the City and the City of Kent. 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. DATED thisl��ay of J�e , 2001. CITY OF AUBURN X�cpa ry,c�c I'y- {'o�c� CHARLES A. BOOTH MAYOR ---------------------- Resolution No.3358 06/04/01 Page 2 ATTEST: �� ' Dan Ile E. Daskam, � City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Resolution No.3358 06/04/01 Page 3 EMERGENCY WATER SYSTEM INTERTIE AGREEMENT _ _ Kent/Auburn Intertie Agreement No. 1 THIS AGREEMENT made and entered into by and befinreen the City of Auburn, hereinafter referred to as Auburn, and, the City of Kent, hereinafter referred to as Kent, for the purposes of planning, designing, con:structing, maintaining, and operafing an emergency system intertie befinreen the respective parties, WITNESSETH: 1MHEREAS, both Cities have water facilities in the vicinity, and WHEREAS, both Cities can increase.fire protection and emergency water supply reliability for their customers, and WHEREAS, the Cities are willing to provide the necessary services to increase fire fighting and emergency supply reliability upon the terms and conditions set forth herein, NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 1. The emergency water system intertie is intended to be operated manually as an emergency supply between the Auburn and Kent Systems. The intertie facility shall be located near South 277th Street at the Water Service Area Boundaries between the finro cities. An existing intertie Iocated at B Street NE and South 277th Street will be replaced with a temporary metering station and eventually a permanent metering station. Final location and configuration of the facilities shal.l be determined at the fime of final design. 2. The emergency water system intertie shall be operated only in the event of an emergency. For purposes of fhis agreement, an emergency shall be defined as resulting from 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 agre.ed upon emergency within the water supply system. 3, Auburn has acquired the right of way for the metering station and Kent will design and administer the contract for the construction of the temporary facilities within the right of way acquired by the City of Auburn. The permanent facilities will be constructed as part of the South 277�' Street Improvement Project. All of the facilities will be designed and constructed in accordance with reasonably aceepted water utility standards for similar municipal water utilities. Auburn will own and maintain the piping, interior equipment, emergeney meter and interior appurtenances, a.nd all piping Page 1 of 4 up to fhe Kent side of the vault for both the temporary and permanent metering stations. 4. Upon completion of constnaction, Auburn will deed all exterior � appurtenances, and all piping which is located on the Kent side of the vault,to Kent. Kent will own and maintai_n the exterior appurtenances and all piping on Kent's side of the vault. 5, Each City will each have unlimited aeeess to the vault via a dual padlock or ownership of keys to the yault. 6. Each City wilt operate the respective normally locked valve inside of the vault. Auburn will solely unloek and operate the locked valve on Aubum's side of the meter and Kent will solely unlock and operate the locke.d valve on Kent's side of the meter. 8. The procedure for operating the intertie in the event of such emergency shall be as follows: A. Each City shall determine that an emergency of suffieient magnitude has occurred which warrants the need to request that � the intertie be activated. B. The Public Works Director or appointed person or authorized personnel shall provide a verbal request to the other City's Public Works Director or appointed person. Upon agreement that an emergency exists which shall allow for the intertie to be opened, the intertie will be activated as soon as reasonably possible, but not less than sixty minutes after the time of the request. Both Cities' personnel shall be present at the vault to open the valves to activate the facility. C. The�City requesting the activation 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 fhe verbal request. D. The intertie shall remain activated until the City requesting activation determines that the need for activation of the emergency - intertie has ceased and shall request in writing to close the intertie. In no event shall the intertie remain activated for a period of time longer than four weeks. 9. Auburn shall read the meter upon acfivation and upon deactivation of the intertie and shall then calculate and invoice the appropriate City for the water used during the request. The invoice shall be calculated by the total Page 2 of 4 . water used during the event. The rate shall be at the current Auburn Wholesale Rate. This shall be complete payment for the water, labor, and administration of activafing the intertie. 10. The total project costs shall inclu_de costs for phases for right of way acquisition, consulting design service, and construction. These costs shall be paid for by the City of Kent. The project costs shall be reviewed and agreed upon by Publ'ic Work Directors of both Cities at the beginning and ; end of each stage described above. Each City is responsible for �, associated staff, administration and legal costs associated with the I impleinentation of the agreement. 11. The Cities of Auburn and Kent'agree to indemnify, defend and hold harmless eaeh other from and against any and all liability, loss, damage, I expense, actions and claims including costs and reasonable attorney's � fees incurred by eifher City in defense thereof, asserted or acisi_ng directly on account of or out of acts or omissions of the indemnified individual Gity, its agents, employees and contractors in the performance of its work pursuant to or in connection with this agreement; PROVIDED HOWEVER, this paragraph does not purport to indemnify either the Gity of Auburn or the City of Kent for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the City of Auburn or the City of Kent, their agents or employees. 12. This Agreement may be terminated by either party hereto upon 60-days written notice to the other party. Any projeet costs, incurred up to the date of such notice, as desccibed herein:, s.hall be shared in accordance with the provisions of this Agreement. Page 3 of 4 IN WITIVESS WHEREOF, we have hereunto set our hands and seals. CITY OF AUBURN CITY OF KENT King County, Washington King County, Washington By.. _ I ��`dA �('� Oy. . .. ._ _ - . _ � .-_- � Mayor Date Mayor Date App d as to form: Approved as to form: , , ' L;l�a� By: - �City Attorney Date City Attorney Date _ ` REF.Ht\1NQ\UTILlTY-WATER\KENTIEMERGENCY WATER 3.DOC Page 4 of 4