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Home My WebLink AboutCAG2001-0057 - Original - City of Auburn - Emergency Water System Intertie Agreement - 08/29/2001 EMERGENCY WATER SYSTEM INTERTIE AGREEMENT Kent/Auburn Intertie Agreement No. 1 THIS AGREEMENT made and entered into by and between 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, constructing, maintaining, and operating an emergency system mtertie between the respective parties, WITNESSETH: WHEREAS, 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 a two way emergency supply between the Auburn and Kent Systems The interie facility shall be located near South 277th Street at the Water Service Area Boundaries between the two cities. An existing interne located at B Street NE and South 277`h Street will be replaced with a temporary metering station and eventually a permanent metering station Final location and configuration of the facilities shall be determined at the time of final design 2 The emergency water system inter-tie shall be operated only in the event of an emergency For purposes of this agreement, an emergency shall be defined as resulting from 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 agreed 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 277th Street Improvement Project All of the facilities will be designed and constructed in accordance with reasonably accepted water utility standards for similar municipal water utilities Auburn will own and maintain the piping, interior Page t of 4 equipment, emergency meter and interior appurtenances, and all piping up to the Kent side of the vault for both the temporary and permanent metering stations 4 Upon completion of construction, Auburn will transfer ownership of all exterior appurtenances, and all piping which is located on the Kent side of the vault, to Kent Kent will own and maintain the exterior appurtenances and all piping on Kent's side of the vault 5 Each City will each have unlimited access to the vault via a dual padlock or ownership of keys to the vault 6 Each City will operate the respective normally locked valve inside of the vault Auburn will solely unlock and operate the locked valve on Auburn's side of the meter and Kent will solely unlock and operate the locked valve on Kent's side of the meter 7 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 sufficient 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 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 the 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 E. In case of emergency or whenever the public health, safety, or the equitable distribution of water so demands, the City supplying the water may change, reduce or limit the time for or temporarily discontinue the supply of water without notice, water service may be temporarily interrupted, limited for purposes of making repairs, Page 2 of 4 extensions or doing other necessary work; and the City supplying the water shall not be responsible for any damage resulting from interruption, change or failure of the water supply, and the City receiving the water (City requesting activation) shall save and hold harmless the City supplying the water from any loss, damages or suites to or by customers of the City receiving the water resulting from interruption, change or failure of water supply provided by this Agreement, except damages arising out of the City supplying the water's negligence Prior to a planned interruption or limiting of service, the City supplying the water will notify the City receiving the water of such not less than three days prior to the service disruption. The City supplying the water agrees to use best efforts and reasonable diligence to notify the City receiving the water as soon after it becomes aware of the need for service disruption and further will, to the extent practical, limit the service disruption to daylight hours 8 Auburn shall read the meter upon activation and upon deactivation of the interne The city supplying the water shall verify the information and shall then calculate and invoice the other City for the water used during the request The invoice shall be calculated by the total water used during the event The rate shall be at the current Auburn or Kent Wholesale Rate depending on which city is supplying the water. This shall be complete payment for the water, labor, and administration of activating the interne 9 The total project costs shall include costs for 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 Public 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 implementation of the agreement. 10 To the extent allowed by law, the City of Kent shall defend, indemnify, and hold harmless the City of Auburn, 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 City of Kent, its employees, agents, and contractors in the performance of the City of Kent's obligations under the Agreement and this Amendment This indemnification provision shall include, but is not limited to, all claims against the City of Auburn by an employee or former employee of the City of Kent or its contractors and, as to such claims, the City of Kent expressly waives all immunity and limitation of liability under Title 51 RCW Page 3 of 4 To the extent allowed by law, the City of Auburn shall defend, indemnify and hold harmless the City of Kent, 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 or whatsoever kind or nature arising our of, in connection with or incident to an act or omission of the City of Auburn, its employees, agents, and contractors in the performance of the City of Auburn's obligations under this Agreement This indemnification obligation shall include, but is not limited to, all claims against the City of Kent by an employee or former employee of the City of Auburn or its contractors and, as to such claims, the City of Auburn expressly waives all immunity and limitation of liability under Title 51 RCW. 11 This Agreement shall remain in force until terminated by either party hereto upon 60-days written notice to the other party. Any project costs, incurred up to the date of such notice, as described herein, shall be shared in accordance with the provisions of this Agreement. IN WITNESS WHEREOF, we have hereunto set our hands and seals CITY OF AUBURN CITY OF KENT King County, Washington King County, Washington (11 1 r1 By u�RILN.&' o I-O By. Mayor Date ayor Date B a y o f J\w, wv, , Appr ved as to form Approved as to form, '2f11 a'o By 9'Z1—of City Attorney Date ,City Attorney Date Svut/LN E�ba� H\WOWATER UTILITY\INTERTIES%ENTIKENT EIA-FINAL DOC Page 4 of 4