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HomeMy WebLinkAboutPW07-148 - Amendment - #6 - The City of Tacoma - The Second Supply Project Partnership Agreement - 09/11/2009 AMENDMENT NO. 6 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, �Q THIS AMENDMENT is made and entered into effective this eday of tC'// 2009 between the City of Tacoma, Department of Public Utilities, Water Division (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 (Agreement) on December 19, 2002, and WHEREAS, the Participants entered into Amendment No 2 to Second Supply Project Agreement on January 18, 2007 which revised Exhibit A of the Agreement, and WHEREAS, some project delivery meter locations and addresses have changed from those listed in Amendment No 2, and WHEREAS, other delivery locations have been added to those listed in Amendment No 2, and WHEREAS, new meter types (project meter, joint delivery meter) have been added to those listed in Amendment No 2, and WHEREAS, the Participants entered into Amendment No 1 to Second Supply Project Agreement on January 18, 2007 which allows amendments to the Agreement to be temporarily implemented following a unanimous vote of the Project Committee prior to final signature by all Participants; and WHEREAS, on February 9, 2007 the Project Committee agreed to implement Amendment No 5 on an interim basis as allowed by Amendment No 1, and WHEREAS, Amendment No 5 establishes annual calibration and testing of the Master Meter and Delivery Meters and assigns costs of the annual calibration and testing, and WHEREAS, new meter types (project meter, joint delivery meter) have been added to those listed in Amendment No 5, and WHEREAS, Section 22 of the Agreement describes how metering of water deliveries will occur, and WHEREAS, new meter types (project meter, joint delivery meter) have been added to those in Section 22 of the Agreement, and NOW, THEREFORE, the Participants agree to amend the Agreement as follows. Section 1. of the Agreement is revised to include new definitions as follows 1 1 16 1 Joint Delivery Meter means a type of Delivery Meter that measures the amount of Project Water that will be shared between more than one Project Participant See Exhibit A 1 1 30 1 Project Meter means a meter that measures the flow of Project Water and is needed for the operation of the Project, but is not a Master Meter or a Delivery Meter See Exhibit A Section 22.3 and 22.4 of the Agreement are revised as follows- 22 3 As Project Operator, Tacoma shall be responsible for the calibration and testing of the Master Meter, Project Meters, Joint Delivery Meters, and Delivery Meters (collectively referred to as "All Meters") All Meters shall be tested for accuracy at least once a year, and the results of such testing shall be made available to all Participants at no charge The cost of the annual test of the Master Meter and Project Meters shall be a Project Cost The costs of the annual tests of the Delivery Meter(s) shall be borne by the Participant whose Project Water deliveries are measured by such Delivery Meter(s) The costs of the annual test of the Joint Delivery Meters shall be apportioned to the Project Participants sharing the meter(s) by separate agreement In addition to the annual meter test, any Participant may test any meter that measures Project Water at any reasonable time and at such Participant's expense The results of any additional meter test shall be made available to all other Participants at no charge 22 4 Any and all maintenance, repairs, and replacements to the Master Meter, Project Meters, Joint Delivery Meters, and Delivery Meters shall be the sole responsibility of Tacoma as Project Operator The costs of any and all maintenance, repairs, and replacements of the Master Meter and Project Meters shall be Project Costs The costs of any and all maintenance, repairs, and replacements of Delivery Meters shall be borne by the Participant whose Project Water deliveries are measured by such Delivery Meter The costs of any and all maintenance, repairs, and replacement o f Joint Delivery Meters shall be apportioned to the Project Participants sharing the meter(s) by separate agreement Section 22 5 of the Agreement is revised to include a new second paragraph as follows For Joint Delivery Meters, an annual comparison will be done between the summation of daily Joint Delivery Meter readings and the summation of readings from daily Participants' Delivery Meter(s) downstream If the difference between the two annual readings is greater than 2 percent, then an appropriate adjustment to the amount of Project Water delivered to each affected Participant will be made The adjustment will be apportioned among the Participants based on the volumes as recorded on each of the Participants' meters, unless the involved Participants determine that a different adjustment is appropriate under the circumstances Exhibit A of the Agreement is revised per attached version dated July 1, 2009 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. 6 to the Second Supply Project Agreement as of the day and year first written above Amendment No 6 Second Supply Project Agreement Page 2 i City of Tacoma City of Kent Department of Public Utilities c BY � BY Title V _ Title �% c Approved as to form & legality Approved as to form & legality Covington Water District LakehavenUtility District By: CIro By Title Title &wd Pre-go eS / Approved as to form & legality Approved as to folm & legality: J 4=, Amendment No 6 Second Supply Project Agreement Page 3 N gQ m LOB- mr WLn U') m m > `ct r 3`� CO Co Co Ln Lf) LC) o C7 r r to to co LO Ln Ln Ln � Z r Z, a' C j ice- �. 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