HomeMy WebLinkAboutPW07-148 - Amendment - #4 - The City of Tacoma - The Second Supply Project Partnership Agreement - 01/18/2007 AMENDMENT NO. 4 TO
SECOND SUPPLY PROJECT AGREEMENT
BETWEEN
THE CITY OF TACOMA, DEPARTMENT OF PUBLIC UTILITIES, WATER DIVISION,
THE CITY OF KENT,
COVINGTON WATER DISTRICT, AND
LAKEHAVEN UTILITY DISTRICT
THIS AMENDMENT is made and entered into effective this -0 day of
20 0'k between the City of Tacoma, Department of Public Utilities, Water Divis on
(Tacoma), the City of Kent (Kent), Covington Water District (CWD), and Lakehaven
Utility District (Lakehaven), collectively the Participants, and
WHEREAS, the Participants entered into the Second Supply Project Agreement on
December 19, 2002, and
WHEREAS, the SSP Partnership Agreement specifies the respective Participant
maintains equipment downstream of the isolation valve off the SSP pipeline, and
WHEREAS, this equipment may be located within a right-of-way granted to Tacoma,
and
WHEREAS, Tacoma has reason to access Delivery Meter vaults for maintenance/replacement
purposes and said vaults may be within a right-of-way granted to a Participant other than
Tacoma, and
WHEREAS, other similar access needs for equipment in another Participant's right-of-way
may exist, and
WHEREAS, it is in the interest of the Partnership for each Participant to grant right-of-
way access to other appropriate Participants for the purpose of performing regular
equipment maintenance and/or replacement as a Participant is charged with such
responsibility under the terms of the Agreement;
NOW, THEREFORE, the Participants agree to amend the Agreement as follows
Where a Participant (#1) has reason to maintain/replace Project related equipment that
may lie within another Participant's (#2) right-of-way, Participant #2 agrees to grant
permission to enter said right-of-way to perform said maintenanceireplacement under
the following terms:
1. All agree the work is to be performed in a workmanlike manner in accordance
with prudent utility practice and in accordance with all applicable laws of the local
jurisdiction, and the State and Federal governments.
2. Participant #1 agrees to notify Participant #2 of the need to access to perform
the work with sufficient lead time to make necessary arrangements
3. Item #2 above does not preclude immediate access by Participant #1 in the
event of an emergency where life or property is in danger. In the case of such an
emergency, Participant #1 may immediately access to mitigate the emergency
Participant #1 shall notify Participant #2 immediately, or at the earliest
opportunity in light of the unfolding circumstances All other terms as stated
herein still apply.
4. Participant #1 is responsible to acquire any necessary permits and make any
notifications of entry as may be required under the terms of the right-of-way
unless Participant#2 desires to perform this task.
5. All costs associated with the work shall be borne by Participant #1, unless
otherwise agreed or otherwise required under the terms of the Project
Agreement.
6. Participant #1 shall take all reasonable precautions which are necessary to
prevent bodily injury (including death) to persons and damage to any property or
environment arising in connection with performance of the work Without limiting
the generality of the foregoing, Participant #1 shall erect and maintain such
barricades, signs, flags, flashers and other safeguards as are required by
applicable law or regulations.
7 All of Participant #2 or third party's property damaged, altered or removed in
connection with the performance of the work shall be promptly repaired, replaced
or otherwise restored by Participant #1 to at least as good quality and condition
as existed prior to such damage, alteration or removal
8. To the fullest extent allowed by law, Participant #1 agrees to indemnify, defend
and hold harmless Participant #2, its officers, employees, agents, and assigns
from any and all claims for damages or loss to Participant #2 operations or
property and from any and ail claims or litigation arising from or connected with
Participant # 1's negligent performance or willful conduct under this Agreement.
This includes damages, loss, and personal injury (including death) to property or
persons including injuries or death to Participant #1, or Participant #1's agents,
contractors, or employees which may be caused or occasioned by the entry and
performance of work within Participant #2's right-of-way, or caused or
occasioned by an act, deed, or omission of Participant #1, or Participant #1's
agents, employees, guests, customers, or invitees. In this regard, Participant #1
hereby waives immunity under Title 51 RCW, Industrial Insurance Laws.
Participant #2 agrees to be responsible for its sole negligence or the sole
negligence of its employees and officers occurring within the scope of their
employment.
Amendment No 4
Second Supply Project Agreement
Page 2
9. This Agreement may be executed in any number of counterparts, each of which
shall constitute an original, and all of which will together constitute this one
Agreement.
Except as set forth herein, all other provisions of the original Agreement remain in full
force and effect
IN WITNESS WHEREOF the Participants hereto have executed this Amendment No. 4
to the Second Supply Project Agreement as of the day and year first written above
City of Tacoma City of Kent
Department of Public Utilities
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Appro as to egality: App oved as to f rm & legality-
Amendment No 4
Second Supply Project Agreement
Page 3