Loading...
HomeMy WebLinkAboutCAG2001-0055 - Original - Soos Creek Water and Sewer District - Emergency Use Inter-tie Agreement - 08/07/2001 P`CEIVED CITY OF KENT and SODS CREEK WATER AND SEWER DISTRICT 0 2001 EMERGENCY USE INTER-TIE AGREEMENT or the an THIS AGREEMENT, made and entered into this Z ay of 2001, by and between the CITY OF KENT, a Washington municipal core ion (hereinafter referred to as "the City"), SOOS CREEK WATER AND SEWER DISTRICT, a Washington municipal corporation (hereinafter referred to as "the District"), and the CITY OF SEATTLE (hereinafter referred to as SPU), all entities being duly organized and existing under and by virtue of the laws of the State of Washington, is entered into for the purposes of planning, designing, constructing , maintaining and operating an emergency system Inter-tie between the respective parties WITNESSETH: WHEREAS, both the City and the District are public agencies authorized by law and qualified to provide domestic public water in accordance with federal, state and local laws and regulations, and WHEREAS, emergency use inter-ties between public water agencies can assist them in performing their water supply duties dunng times of emergency and water shortage, and WHEREAS, implementation of emergency intertie agreements between SPU purveyor and non-purveyor customers that involve SPU water supply are allowed subject to SPU approval, and WHEREAS, it is in the public interest for the parties herein to establish an emergency use inter-tie to provide backup water supply in the event of an emergency, as defined herein NOW, THEREFORE: IT IS HEREBY AGREED by and between the parties hereto as follows 1 The inter-tie is intended to operate as a one way gravity flow from the District's system into the City's system, by an inter-tie facility to be located within a vault suitable for the purpose The facilities for this purpose are schematically shown on Attachment 1 to this document Final location and configuration of the facilities will be determined at the time of final design 2 The District will act as the lead agency, and will be the design and contracting entity for the construction of the facilities contemplated hereby 3 Upon completion of construction, the District and the City will own and operate the facilities respectively indicated on Attachment 1 to this agreement The District will convey those facilities to be owned and operated by Kent by Bill of Sale 4 The City shall reimburse the District for all actual costs associated with the planning, design, construction and permitting for this project All reasonable Kent/Soos Creek Agreement 1 of 4 Emergency Inter-tie efforts have been made to develop cost protections for this protect, The estimated total protect cost is $85,000 5 The City and the District will each have access to the vault via dual padlocks or ownership of keys to the vault 6 The City will be provided a key to the vault's lock Only the District will unlock and operate the vault, except as otherwise provided herein 7 The inter-tie will be operated only in the event of an emergency For purposes of this agreement, an emergency is defined to be as a Infrastructure failure, contamination of water supply fire flow demand failure, electrical supply failure, or drought condition as defined by the State Department of Ecology such that-the City's water supply is unable to provide sufficient water supply to its inhabitants 8 It is anticipated that the inter-tie will be capable of transporting approximately 500-750 gpm Both parties recognize that the District's water system's ability to sustain this flow rate is limited by District physical system characteristics The District may reduce the rate of flow for any period necessary to ensure that the inter-tie does not adversely impact its system operation 9 The procedures for operating the inter-tie in the event of an emergency shall be as follows a The City will make the determination that an emergency exists which warrants a request that the inter-tie be activated b The City's Water Superintendent or designee shall provide a verbal request to the District Manager or designee and Seattle Public Utilities (SPU) Upon the District's and SPU's concurrence that such an emergency exists, the inter-tie will be activated in one of the two following manners I If the emergency is one that does not require immediate water by the City, the District will open the inter-tie at 9 00 a m on the first business day following the determination of the emergency The City's personnel shall also be on site for operation of the City's facilities At the time of activation, District and City personnel shall concurrently confirm and note the standing reading on the flow meter totalizer of the inter-tie ii In the even of an emergency which requires immediate use of the inter-tie, the City shall verbally notify the District that the inter-tie's activation is required as soon as reasonably possible If the District is unable to respond within thirty minutes of such verbal notification, the City's personnel will be permitted to unlock and activate the inter-tie valve, and to verify and to note the standing reading on the flow meter totalizer of the inter-tie Kent/Soos Creek Agreement 2 of 4 Emergency Inter-tie c The City will provide the District with a written request confirmation not less than 24 hours after any verbal request, or during the first day of normal business after the verbal request, whichever is later If the City requests that the Inter-tie be activated prior to 9 00 a m on the first business day following the determination of an emergency, the City will provide backup data as necessary to allow the District to request a waiver of demand metering charges from SPU for the particular event, in accordance with the wholesale water contract between the District and SPU If demand metering charges are not waived by SPU, the City shall pay such charges incurred by the District relative to the event d The District shall notify SPU in writing within 10 days after the use of the emergency inter-tie This notification will include a description of the nature of the emergency, and the date, time and quantity of water used during the activation of the inter-tie e The inter-tie shall remain activated until the City has determined that the emergency causing need for the activation has ceased, but in no event for longer than two weeks unless mutually agreed to in writing by the District and SPU The District shall close the inter-tie at the time of such determination, or at 9 00 a m on the following day The City shall provide a written confirmation of its request that the inter-tie be closed f The District shall read the meter, and calculate and invoice the City for the water used during each activation of the inter-tie as follows I The District shall prepare an invoice by multiplying the number of ccf's (hundred cubic feet) of water used by either the new water wholesale rate or the demand metering charge the District is required to pay to SPU for the event, whichever is greater, plus the amount per ccf established the District's Board of Commissioners as the District's wheeling charge For calendar year 2001, the wheeling charge shall be $ 20 per ccf Payment of invoices calculated in accordance herewith shall constitute complete payment for the water, labor, and activation of the Inter- tie, and its administration while activated or while pending activation ii The City shall pay each invoice in full within thirty days of its issue After 60 days, a late charge of 10% of the amount due shall be added, and thereafter the entire balance due shall bear interest at 12% per annum, until paid in full 10 The implementation of this agreement is contingent upon receipt of the written approval of SPU, and it shall be subject to any amendments made to the District's wholesale water contract with SPU during the term hereof 12 The inter-tie project is subject to approval by the Washington State Department of Health The District will submit plans and specifications to the Department for review and approval concurrently with the project's construction The City will pay the review fees directly to the Department Any changes to the project Kent/Soos Creek Agreement 3 of 4 Emergency Inter-tie required by the Department will be made by the District Both parties recognize that these changes may result in additional costs to the City 13 Each party hereto agrees to protect, defend and indemnify the other party, its officers, officials, employees and agents from any and all costs, claims, judgments and/or awards of damages, arising out of or in any way resulting from the parry's default, failure of performance, or negligent conduct associated with this agreement, by the party, its employees, subcontractors or agents Each party agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents The foregoing indemnity is specifically and expressly intended to constitute a waiver of each parry's immunity under Washington's industrial insurance act, RCW Title 51, as respects the other party only, and only to the extent necessary to provide each party with a full and complete indemnity of claims made by the other parry's employees The parties acknowledge that these provisions were specifically negotiated and agreed upon by them 14 The City agrees to protect, defend and indemnify the District, its officers, officials, employees and agents from any and all costs, claims, judgments and/or awards of damages, arising out of or in any way related to pressure changes within the City's service area attributable to the activation and use of the inter-tie 15 This agreement shall continue in effect until mutually cancelled by the parties 16 Unless otherwise agreed to by the parties, this agreement is not intended to preclude, conflict with, or otherwise affect the terms of existing or future agreements executed between SPU and the City that may involve use of the inter-tie described herein SOOS CREEK WATER ;TH CITY OF 4KENT AND SEWER DISTRICT F� TA Date Date /I CITY OF SEATTLE cw a l Date' Kent/Soos Creek Agreement 4 of 4 Emergency Inter-tie ATTACHMENT NO. 1 CITY OF KENT - SOOS CREEK WATER AND SEWER DISTRICT EMERGENCY USE INTERTIE AGREEMENT SCHEMATIC DIAGRAM OF FACILITIES AND OPERATION / Qv I/ ryv r SE 227TH PL EXISTING SCWSD WATER SYSTEM SERVICE ELEV = 627 FT CONCRETE VAULT FLOW METER W d) Q O PRESSURE REDUCING, PRESSURE SUSTAINING, AND CHECK VALVE 1 BLOWOFF FACILITIES OWNED AND MAINTAINED BY SCWSD FACILITIES OWNED CITY LIMIT AND MAINTAINED EXISTING CITY OF KENT CITY OF KENT WATER SYSTEM SERVICE ELEV = 590 FT