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HomeMy WebLinkAboutA 9509110583 . ' ' .. , . . ' C�G-95-084 , a , � • � W H::N RECORDED RENRN TO: �������� Off:;:e of the City Qerk RentonMunicipalBuilding ,� AGREEMENT FOR THE SALE OF WATER SEP 200 Mill Avenue South ,,,r 8 1995 Renton,WA 98055 .- �N AN E M E RG E N CY BY KING COUNTY THE CITY OF RENTON TO THE CITY OF SEATTL RECORDER This AGREEMENT made and entered into this 7Zh, day of • , 1995, by the CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter called "RENTON" and the CITY OF SEATTLE, a municipal corporation of the State of ' Washington, acting through its Water Department, hereinafter called "SEATTLE". WHEREAS, SEATTLE and RENTON have existing interties between their water I systems; WHEREAS, SEATTLE sometimes experiences a Spring water supply shortage due to low snowpack, precipitation and inflows in the Cedar and Tolt River watersheds, or, a hot Summer with high water consumption coupled with a delay in usual Fall rains; WHEREAS, SEATTLE may also experience other types of emergency situations that call for an augmentation of its water supply, such as a transmission pipeline break or an episode of high turbidity in one of its reservoirs; WHEREAS, RENTON, in the spirit of intergovernmental cooperation during such water supply emergencies, is willing to sell an increment of water to SEATTLE when C"� available during non-peak periods; � WHEREAS, SEATTLE is willing to sell water to RENTON to allow RENTON's ground water aquifer to recharge, when water is available following a water shortage � emergency; and, � WHEREAS, the parties desire to enter into an AGREEMENT providing for the sale � of water in an emergency from RENTON to SEATTLE, and for the subsequent sale of an � equivalent amount of water from SEATTLE to RENTON, if necessary, to allow recharge of � RENTON's Aquifer. NOW THEREFORE IT IS AGREED AS FOLLOWS: , 1) Te m of AGREEMENT. The effective date of this AGREEMENT shall be � eyy�G�h� 7 , 1995. The AGREEMENT shall be for a term of five (5) years unless terminated by either party in accordance with Section 17 of this AGREEMENT. The rates and quantities of water sold are set forth in Sections (2), �, (8), and (11). r- � 2) Sale Price of Renton Water. SEATTLE shall pay to RENTON for all water G•� delivered $1.28 per 100 cubic feet, which is a special wholesale rate for 1995; and � revised each year during the term of the agreement. The rates charged by � RENTON are based on RENTON's analysis of cost of providing non-peaking ' �- = service to Seattle �:r.der the conditions stated herein. This rate was calculated �� using the American Water Works Association (AWWA) "Base Extra Capacity" �; method of rate analysis. The rate charged to SEATTLE shall be adjusted each �: x year using the AW1NA "Base Extra Capacity" method and RENTON's retail water "� rate for each year. G L'1 U� C^'� ..f � M C.'� F�'t .r.) f -�y O'i 4.� U"1 Ql u � ' � ' A�reement for the Sale of Water in an Emergency by the City of Renton to the City of Seattle Page 2 3) Location of Interties: This Agreement is limited to the two (2) intertie locations described as follows: Tiffany Park Pump Station Interties located at the intersection of Kirkland Avenue SE and the Cedar River Pipeline right-of-way (Section 21 Township 23 Range 5); and Union Avenue Intertie, located at the � intersection of Union Avenue SE and SE 2nd Street (Section 16 Township 23 Range 5). The physical arrangement of the interties is shown in Exhibits 1 and 2. 4) Meterinq. SEATTLE shall provide, and RENTON shall own and maintain, an appropriate metering device to measure the water flowing from RENTON's system into SEATTLE's system at the point of service connection. Additional metering equipment approved by RENTON to transmit signals to RENTON's recording equipment located elsewhere shall be provided as determined by RENTON, all at SEATTLE's expense. 5) Meter Charqe. A monthly meter charge shall be paid by SEATTLE in accordance with the meter charges as stated in RENTON's City Code at the time the meter is in service. In accordance with RENTON's City Code, no meter charges will accrue during periods of shutdown. 6) Priority and Continuity of Service. The determination of whether water is available for SEATTLE, shall be at the sole discretion of RENTON. In the event of a condition requiring restrictions on the delivery of water, RENTON shall have the right to restrict or interrupt service to SEATTLE. RENTON may voluntarily interrupt � or reduce deliveries of water to SEATTLE if RENTON determines that such � interruption or reduction is necessary or reasonable. Except in cases of � emergency and in order that SEATTLE's operations will not be unreasonably Q interfered with, RENTON shall give SEATTLE reasonable notice of any such � interruption or reduction, the reason therefor, and the probable duration thereof. �"� SEATTLE shall discontinue or reduce service from RENTON upon reasonable �� notice to RENTON. Service shall be reactivated or increased again subject to the aforementioned conditions. � 7) Water Qualitv. The quality of water delivered under this AGREEMENT shall comply with all applicable provisions of State and Federal law and rules and regulations of the appropriate State agency governing water quality, and subject also to applicable provisions of RENTON (or SEATTLE) ordinances relating thereto and not inconsistent herewith. In addition to the above requirements, RENTON agrees to deliver water which shall be of no less quality than is delivered to its customers throughout the RENTON service area. (8) Quantitv of Water. Depending upon water availability in the RENTON system, RENTON shall make available for purchase by SEATTLE up to the approximate amount of two million (2,000,000) gallons per day from the existing emergency intertie located at the Tiffany Park Pump Station. The rate of delivery of water from Tiffany Park Pump Station system to SEATTLE's system shall vary between zero and approximately 1,400 gallons per minute. Also in the fall and winter RENTON may make available an additional amount up to approximately three and one-half million (3,500,000) gallons per day from the intertie at Union Avenue SE and SE 2nd Street. The rate of delivery of water from this intertie shall vary between zero and approximately 2,400 gallons per minute. ° � ' A�reement for the Sale of Water in an Emergency by the City of Renton to the City of Seattle Page 3 ' 9) Miscel�aneous Control Devices. RENTON reserves the right to require SEATTLE to install, as a condition of water service, pressure reducing valves, backflow preventative devices, pressure relief valves, back-pressure sustaining valves, pipeline flow limiting devices or similar devices a locations where RENTON determines a need to protect its facilities. 10) Coordination and Proiect Management. A) Operations: For the purpose of operating the interties between RENTON and SEATTLE, I� coordination shall occur between representatives of the systems, who are: Ms. Lys Hornsby, City of Renton and Ms. Nancy L. Davidson, City of Seattle (or their designated representatives or replacements). The coordination shall consist of exchanging operational information such as the interties used, the respective flow rates, back-pressure sustaining valve setpoints, system pressure effects, water quality characteristics, and other operational information as necessary to accomplish the purposes of this AGREEMENT while �„= maintaining safe operation of both systems. � !1� B. Engineerinq: 0 t"'� For the purposes of coordinating engineering issues regarding the RENTON and � SEATTLE interties, the following personnel shall be the designated � representatives: � Ms. Lys Hornsby, City of Renton � and Ms. Nancy L. Davidson, City of Seattle (or their designated representatives or replacements) �, The engineering issues addressed shall include operational criteria as well as hydraulic behavior, water quality considerations, and other appropriate engineering � issues. C. Administration: , For the purposes of AGREEMENT administration and AGREEMENT modifications or interpretations, the following personnel shall be the designated representatives: Mr. Gregg Zimmerman, City of Renton and Ms. Nancy L. Davidson, City of Seattle (or their designated representatives or replacements) � � ---� • � . . . . - - . I ` • ' Agreement for the Sale of Water in an Emergency by the City of Renton to the City of Seattle ' Page 4 11) RENTON's Aquifer Recharqe. It is recognized that runoff into SEATTLE's surface water storage facilities generally exceeds the storage capacity during the winter and spring months. It may be necessary, due to RENTON supplying water to SEATTLE, to allow RENTON's aquifer to recharge during the winter and spring months. Following a water shortage emergency and recovery of SEATTLE's water system impoundment's on the Cedar and Tolt Rivers, SEATTLE will sell water to Renton. The water sale will be based on availability at the intertie locations between SEATTLE and RENTON's systems and at such flow rate as is available from the intertie location during the following winter or spring. The quantity of SEATTLE's water, made available for allowing RENTON's Aquifer to recharge, shall not exceed the quantity of water that was supplied by RENTON to SEATTLE I during the water shortage emergency. SEATTLE will sell the water to RENTON at SEATTLE's non-peak, old water rate charged by SEATTLE to its purveyors. This flow rate, quantity and price is an integral part of this AGREEMENT and should not be considered as a precedent in possible future water sales to RENTON or to other existing or future wholesale customers. The determination of whether water is available for RENTON, to allow RENTON's Aquifer to recharge, shall be at the sole discretion of SEATTLE. SEATTLE may voluntaril interru t or reduce delive of i y p ry sa d water, providing that such interruption or reduction is necessary or reasonable. Except in cases of emergency, and in I � order that Renton's operations will not be unreasonably interfered with, SEATTLE � shall give RENTON reasonable notice of such interruptions or reduction, the 0 reason therefore, and the probable duration thereof. t� � 12) Payment. The party supplying water shall read the meter once each month at '� approximately thirty (30) day intervals. Payment shall be made by the party I � receiving water as soon as possible after receipt of statement from the party � supplying water, and in any event, not later than the tenth (10) of the second month following the presentation of the bill. In the event a meter shall fail to register or obviously register incorrectly, the amount of water considered delivered through said meter shall be the amount delivered the previous day or the last day that the meter was previously known to be properly functioning and the total amount registered shall be pro-rated based on the number of days multiplied times the reading used. 13) Penalties For Late Payment. The party supplying water may assess a late charge on the party receiving water for failure to comply with the provisions in Section (11). This charge shall be at the rate of twelve percent (12%) per year. In the event that the party receiving water should fail to make any payment for a period of sixty (60) days after the same becomes due, the party supplying water shall have the right to terminate further water service until such delinquency is cured. 14) Procedure for Amendinq the Contract. Either party can request the other to consider an amendment of the AGREEMENT. Any proposed amendments shall be made in writing. Amendments may be made if they are mutually acceptable to � RENTON and SEATTLE and signed by both parties. , . . w � a 1 I • • ' Agreement for the Sale of Water in an Emergency by the City of Renton to the City of Seattle � Page 5 15) Access to Facilities and Records. Each party shall be entitled to inspect the facilities of the other at any reasonable time. Both parties agree to make mutually available such information or records as are at their disposal and as may be reasonably necessary to properly implement any section of this AGREEMENT. 16) Non-Assignability. Neither this AGREEMENT nor any interest therein shall be transferred or assigned by SEATTLE without prior written consent of RENTON. 17) Termination. This AGREEMENT may be terminated in whole or in part by either party any time after one year from the date of this AGREEMENT, upon ten (10) days written notice sent by certified mail to the other party. IN WITNESS WHEREOF, the parties have hereunto set their hands this day and year above written. CITY RENTON CITY OF SEATTLE r r M ' ` •�� GD By. By. � _ � Ea lyme , ayor Diana Gale, Superinte ent of Water O �{ ATTEST/AUTHENTIC TED: ,TTEST/AUTHENTI�ATED: � � � Marilyn J. rsen, City Clerk � �•R PQ►a , City CI rk �7 � APPR AS T E L FORM: Larry V'Jarren, City torney H:DOCS:95-644:JDW:ps , ' , ' ', . � • R + � � + - • } , � � . .. ' . _ . . ' • � . .. • ' " : . , � , - � 3� : ., . . . , . � . � _ :. .. - � __�__.. -- =�;�------ _ - . � ; _ �,�. _N %:;,�;� . . � z � ', '. ..- � ,�-=-----..,--, _ ,�. v,•- ' � - � i ;,.;;f_,,,-�'',:�� _ � _.�.._;��-�-='' _ �>,; .�"3�. - - : - �°, � T�,�p,�T�Y-pp�.Ri{. :`_ �,��� , _ .. � or� ����; �`�:: , ; � Mp ST�TI �` / -��.' :' ; .. a � ' pV QFgENTO�) y= - ���'`,�� _ _�� � .,1 � � . (CI`._.�,._-�-_.,.--;-�;_�^. �� .;:f� _ : _ � ch � o � _ . ' .. _" Y '""_ i ' _ i� �_ � - ' _,�... _ -;s'y.-.� �� . . . . ',i � �� ,� . ' " _ _ . . , �..tl 1 ' bd�7 .. .. 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