HomeMy WebLinkAboutPW05-412 - Original - City of Tacoma - Second Supply Pipeline Telemetry - 11/29/2005 Q�L
�,NoA�So �AGREEMENT BETWEEN CITY OF TACOMA,
p0® EPARTMENT OF PUBLIC UTILITIES, WATER DIVISION, AND
CITY OF KENT, PUBLIC WORKS DEPARTMENT,OPERATIONS DIVISION,
WATER SECTION. REGARDING
SECOND SUPPLY PIPELINE TELEMETRY
THIS AGREEMENT, is entered into this e day of �_, 2005, by and
between the City of Tacoma, Department of Public Utilities, Water Division (dba Tacoma
Water), hereinafter referred to as "Tacoma Water," and the City of Kent, Public Works,
hereinafter referred to as the "City of Kent"
WITNESSETH :
NOW, THEREFORE, in consideration of the mutual benefits to be derived by the
parties, it is agreed as follows.
1. Purpose.
The purpose of this Agreement is to memorialize the terms and
conditions upon wluch Tacoma Water agrees to allow the City of Kent to install and operate an
antenna and licensed radio transceiver enclosure at the existing Indian Hill Pump Station #1
building located at 5225 NE Tower Drive, Tacoma, WA 98422.
With this Agreement and the installation of the radio system, the parties anticipate that
the following benefits will be achieved.
A. Telemetry communication between Tacoma Water and City of Kent will
be established which will allow both entities to share important data
related to the Second Supply Pipeline (SSP).
B. The need for a dedicated leased line telephone for the telemetry
communication between Tacoma Water and City of Kent control center
will be avoided
C. The radio can be set up similar to other City of Kent remote sites to
provide telemetry communication between Tacoma Water and City of
Kent
2. Terms and Conditions. The terms and conditions for this Agreement are as
follows:
A. Tacoma Water will allow the City of Kent to install and maintain, at City
of Kent's sole expense, a radio system for as long as the system provides
the benefits mentioned above Specifically, the City of Kent may install
an antenna on the roof top of the existing Indian Hill Pump Station 41
concrete building. Also, a licensed radio transceiver enclosure, not larger
than 30" x 24" x 12", can be installed on the wall in the existing radio
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room (the small room that has the Washington State weather station, the
Tacoma city government's radios, and the lavatory). Tacoma Water will
allow the City of Kent to utilize the existing 120 VAC electrical service
that is available in this radio room. Tacoma Water will assist the City of
Kent in identifying the conduits to be installed to connect this radio
enclosure and the existing Tacoma Water telemetry cabinet located
directly below this radio room The City of Kent will also install a cable
to provide communication between the two cabinets.
B. If the radio cannot provide these benefits, Tacoma Water may elect to
terminate this Agreement upon 60 days advance written notice.
C. If radio interferences apse because of the location of the equipment herein,
the City of Kent will be required to remove its facilities or, at its option,
address the interference with Tacoma Water and other entities at no cost to
Tacoma Water If it deems necessary, Tacoma Water may require the City
of Kent to provide a radio interference study that demonstrates the City of
Kent's equipment is not the cause of the interference.
D. The following provisions shall govern the City of Kent's access to the site:
(i) Access for construction, routine maintenance, and repair and other
non-emergency visits shall only be during business hours (defined
as Monday through Friday, 7.00 a in to 7.00 p m.) with twenty-
four (24) hours advance written notice to Tacoma Water to
arrange for an escort
(it) In the event of an emergency relating to the repair of equipment,
the City of Kent may access the site twenty-four (24) hours per
day, seven (7) days per week, escorted by Tacoma Water as
arranged using emergency phone number(253) 502-8344.
(iii) Access to the Site may be by foot or motor vehicle.
(iv) Access to the site shall be subject to such additional conditions as
may be imposed by Tacoma Water from time to time, which shall
be in effect after twenty (20) days written notice to the City of
Kent
(v) Access to the Site is secondary to Tacoma Water's needs relative
to emergency power and water system operations and maintenance
at the site.
(vi) With respect to all site access, installation, operation and
maintenance work engaged in hereunder, the City of Kent assumes
the risk of all damages, loss, cost and expense and agrees to
indemnify and hold harmless Tacoma Water, its officers and
Agreement Between Tacoma Water and City of Kent for SSP Telemetry Communication Page 2 of 4
employees, from and against any and all liability which may occur
or be sustained by Tacoma Water on account of any claim or
action made or brought against Tacoma Water for the death or
bodily injury to all persons (including employees, agents and
contractors of the City of Kent) or destruction of or damage to
property resulting from or related to the negligent act or omission
of the City of Kent and/or its employees, agents or contractors in
connection with the access to, and the installation and operation of
equipment authorized hereunder, excepting only liability
occasioned by the negligence of Tacoma Water or its employees
acting within the scope of their employment to the extent that such
liability is fixed by a court of competent jurisdiction. In this
regard, the City of Kent recognizes that it is waiving immunity
under Industrial Insurance Law, Title 51 RCW, and that this
indemnification clause has been mutually negotiated.
E. Notwithstanding any other provision in the Agreement, Tacoma Water
shall have the right to terminate this Agreement upon sixty(60) days prior
written notice. In case of termination, the City of Kent will retain the
ownership of the equipment installed by it under this Agreement and shall
be given a reasonable time to properly remove these items from the
property.
This Agreement constitutes the entire agreement and understanding between the parties.
Any amendments to this Agreement must be in writing and executed by both parties.
1
ohn C. Kirner Larry Blanchard
Superintendent Director
Tacoma Water City of Kent, Public Works
Date: '% 63/ Date:
Approved as to form & legality.
. 1114101 Date
Assistant City Attorney
i
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