HomeMy WebLinkAboutPW07-148 - Amendment - #5 - The City of Tacoma - The Second Supply Project Partnership Agreement - 09/11/2009 I y .
AMENDMENT NO. 5 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 I day of ,
20cq 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 on
December 19, 2002, and
WHEREAS, the Agreement defines Project Costs as: costs, including but not limited to
Fixed O&M Costs, Variable O&M Costs, Initial Project Construction Costs and Capital
Expenditures, which Tacoma incurs to permit, design, construct, operate, maintain,
insure, decommission, improve, renew, add to or replace Project pursuant to the terms
of this Agreement, and the costs incurred by Tacoma or any other Participant which
qualify as Reimbursable Costs pursuant to section 13, and
WHEREAS, the Agreement requires Delivery Meters to undergo annual testing for
accuracy and defines annual testing costs as Project Costs, and
WHEREAS, the Agreement defines all maintenance and repairs to Delivery Meters as
Project Costs, and
WHEREAS, as unequal amount of Delivery Meters amongst the Participants exists, and
WHEREAS, by simple majority vote at the December 8, 2006 Project Committee
meeting, the Project Committee established a meter accuracy rating of 2 percent or
better for project meters allowing for flexibility in meter type amongst Participants, and
WHEREAS, maintenance, repair and calibration costs of meters varies by meter type,
and
WHEREAS, continuing to consider costs associated with calibration, maintenance and
repair of Delivery Meters as Project Costs will lead to an unequal allocation of costs to
the Participants due to varying amounts and varying types of Delivery Meters per
Participant,
NOW, THEREFORE, the Participants agree to amend the Agreement as follows-
Section 22 3 and 22 4 of the Agreement are revised as follows:
V t
22 3 As Project Operator, Tacoma shall be responsible for the calibration and testing of
the Master Meter and all Delivery Meters No less frequency than once each year each
meter, including the Master Meter, shall be tested for accuracy, 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 shall be a Project Cost The costs of the annual Delivery Meter
tests shall be borne by the Participant whose Project Water deliveries are measured by
such Delivery Meter. 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 and to
Delivery Meters shall be the sole responsibility of Tacoma as Project Operator The
costs of any and all maintenance and repairs of the Master Meter shall be Project
Costs. The costs of any and all maintenance and repairs of Delivery Meters shall be
borne by the Participant whose Project Water deliveries are measured by such Delivery
Meter.
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. 5
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
Title Title
Approved as to form & legality: Approved as to form & legality:
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Covington Water District Lakehaven Utility District
By k,c, I s By. e.� ���--
Title `-`� aLfr-,4 t-''LaLL a-t,(1-- Title
Approved as to form & legality. Aped 11as to form legality.
Amendment No 5
Second Supply Agreement
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