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
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