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Home My WebLink AboutRES 4355CITY OF RENTON, WASHINGTON RESOLUTION NO. 4355 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH CEDAR RIVER WATER & SEWER DISTRICT RELATED TO WATER SERVICE FOR THE CITY OF RENTON'S RON REGIS PARK. WHEREAS, the City and Cedar River Water & Sewer District ("CRWSD") are authorized, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into an interlocal government cooperative agreement; and WHEREAS, the City is requesting from CRWSD potable water service for domestic use and for fire hydrant use for a new City -owned bathroom and related facilities located within the Ron Regis Park located at 1501 Orcas Ave SE, Renton, WA 98056; and WHEREAS, the City and CRWSD desire to enter into an agreement in order to formally document the terms and conditions relating to water service for Ron Regis Park; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with Cedar River Water & Sewer District entitled Interlocal Agreement Relating to 1 RESOLUTION N0. 4355 Water Service for the City of Renton's Ron Regis Park, attached hereto as Exhibit "A" and incorporated by this reference. PASSED BY THE CITY COUNCIL this 17th day of September , 2018. f1k, t 14-� Jason . Seth, City Clerk APPROVED BY THE MAYOR this 17th day of _ September , 2018. 4 �— - Ed Prince, Mayor Pro Tem z 1' , '! Approved as to form: _ W t�L �A 0 Shane Moloney, City Attorney '''�pORATED S�Q��``\``, RES.1782:8/20/18:scr 2 RESOLUTION NO. 4355 EXHIBIT "A" INTERLOCAL AGREEMENT RELATING TO WATER SERVICE FOR THE CITY OF RENTON'S RON REGIS PARK INTERLOCAL AGREEMENT RELATING TO WATER SERVICE FOR THE CITY OF RENTON'S RON REGIS PARK This Interlocal Agreement ("Agreement") is made and entered into by and between CEDAR RIVER WATER & SEWER DISTRICT, a Washington municipal corporation, hereinafter referred to as "CRWSD", and the CITY OF RENTON, a Washington municipal corporation, hereinafter referred to as "Renton", collectively referred to as the "parties." I. RECITALS WHEREAS, Chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes public agencies to enter into contracts with each other to make the most efficient use of their powers by enabling them to cooperate with other agencies on a basis of mutual advantage and thereby to provide services and/or facilities in a manner that addresses the needs of local communities; WHEREAS, Renton is requesting from CRWSD potable water service for domestic use and for fire hydrant use for a new City -owned bathroom and related facilities located within the Ron Regis Park ("Park") located at 1501 Orcas Ave SE, Renton, WA 98056 as depicted on the map attached hereto as Exhibit 1 which is incorporated by reference as if set forth in full herein; WHEREAS, Renton and CRWSD desire to enter into this Agreement in order to formally document the terms and conditions relating to water service for the Ron Regis Park. II. AGREEMENT It is agreed by Renton and CRWSD as follows: 1. Amendment to the Water Service Boundary Agreement. Renton agrees to release a limited portion of the City's potable retail water service area that consists of the Ron Regis Park to CRWSD. The City retains all water and irrigation rights as approved by the Department of Ecology under a Water Right Change Application No. CS1-127660CL dated June 21, 2016. No transfer of existing water system facilities is contemplated by this Agreement. Renton will obtain City Council approval to amend the current water service boundary agreement with CRWSD dated February 8, 1999 to reflect the proposed change in service area. Each party shall (A) reflect the boundary change in their records, (B) update their respective water system plans accordingly at the time their next plan updates are due and (C) advise the East King County Regional Water Association of the change so that the East King County Coordinated Water System Plan is revised and updated. 2. Connection and Installation Charges. Renton agrees to pay CRWSD the following connection and installation charges no later than the date of the preconstruction conference referred to in Section 4 below: • General Facility Charge = $4,035.00 • Local Facility Charge = $81,840.00 • Seattle Public Utility Facility Charge = $936.00 • Partial Meter Installation Charge = $1,050.00 ILA City of Renton for Ron Regis Park 081618 Page 1 of 4 • DDCVA Meter Installation Charge = $200.00. The connection charges are based on Renton's need for potable water service to proposed bathroom and related facilities that Renton wishes to construct at the Park to include a fire hydrant. 3. Potable Water and Fire Service Design. Renton will design an 8" fire service and a 1" water service including backflow prevention devices per CRWSD standards and specifications, both of which shall tap an existing CRWSD water main at the location shown on Exhibit 2 attached hereto which is incorporated by reference as if set forth in full herein. CRWSD will have final right of approval of the design. 4. Potable Water and Fire Service Installation. At its sole cost, Renton will install the water and fire services referred to above as approved by CRWSD. No more than thirty (30) days prior to the date that the work is to commence and no earlier than five (5) days prior to such date, the parties shall conduct a preconstruction conference to review the proposed work and schedule. All work shall be performed in a careful manner in accordance with sound municipal utility standards. Renton shall be solely responsible for safety at the work site, it shall abide by applicable laws and codes, repair all damage and shall indemnify and defend CRWSD from all claims and obligations arising out of the work. If Renton utilizes a contractor to perform the work, CRWSD shall be named as an additional insured on the contractor's liability insurance policy. CRWSD will inspect and have final right of approval of the installation. 5. Water Meter Installation. CRWSD will install a standard 1" water meter, setter and meter box per CRWSD policy (Partial Meter Installation). 6. Ownership. 8" Fire Service: • CRWSD will own the concrete thrust block, tapping tee, gate valve, and detector meter on the backflow prevention device. • Renton will own all remaining water system infrastructure downstream of the gate valve with the exception of the detector meter on the backflow prevention device. 1" Water Service: • CRWSD will own the service line from the water main tap to the meter setter, meter and meter box. • Renton will own all remaining infrastructure downstream of the meter. 7. Operations. CRWSD shall provide water service to the 8" gate valve and 1" water meter in accordance with its standard rates and policies. Renton shall abide by CRWSD's rules and regulations pertaining to water service. No charges are ordinarily due for fire protection water; however Renton shall not permit the hydrant within the Park to be used for non -firefighting purposes. Renton shall be solely responsible for the use, operation, maintenance, repair, ownership and control of all water system facilities downstream of the above described 1" meter and 8" gate valve to include responsibility for maintaining water quality. Renton shall install, operate and maintain backflow prevention devices pursuant to CRWSD standards within Renton's water system facilities. Renton shall allow CRWSD access to the detector meter on the 8" backflow prevention device to monitor, maintain, repair or replace. Renton shall not extend its water system infrastructure beyond Park boundaries nor shall it alter the use of water at the Park for non -park related uses ILA City of Renton for Ron Regis Park 081618 Page 2 of 4 without CRWSD's prior written consent. Upon request, Renton shall execute a petition to annex the Park into CRWSD. 8. Indemnification and Hold Harmless. Each party agrees to defend, indemnify, and hold harmless the other party and each of its employees, officials, agents, and volunteers from any and all losses, claims, liabilities, lawsuits, or legal judgments arising out of its breach of this Agreement or any negligent or willfully tortious actions or inactions by the performing party or any of its employees, officials, agents, or volunteers, while acting within the scope of the duties required by this Agreement. This provision shall survive the expiration of this Agreement. This provision shall also survive and remain in effect in the event that a court or other entity with jurisdiction determines that this Agreement or any portion thereof is not enforceable. It is further specifically and expressly understood that the indemnification provided herein constitutes each party's waiver of immunity under industrial insurance, Title 51 RCW, solely to carry out the purposes of this indemnification clause. The parties further acknowledge that they have mutually negotiated this waiver. Effective Date/ Duration of Agreement/ Termination/Notice. A. This Agreement shall become effective on date of mutual execution. B. This Agreement shall remain in full force and effect until terminated or amended as provided for in Paragraphs 9 C and 10. C. TERMINATION 1. Restriction on Termination. Except as specifically provided in this Agreement or the Exhibits or mutually agreed to by the parties, this Agreement shall remain in full force and effect for the duration of the life of the facilities described in Section 4 above. 2. The services identified in this Agreement may be terminated by either party upon providing the other party with three hundred and sixty-five (365) days' advance written notice of termination. D. NOTICE TO BE SENT City of Renton: Community Services Department Administrator 1055 South Grady Way Renton, WA 98057 CRWSD: PO Box 1040 Maple Valley, WA 98038 ILA City of Renton for Ron Regis Park 081618 Page 3 of 4 10. Entire Agreement/Misc. This Agreement contains the entire Agreement between Renton and CRWSD hereto and no other agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind Renton or CRWSD hereto. Any amendments to this Agreement must be in writing and signed by Renton and CRWSD in order to be effective. In the event of a legal dispute, venue and jurisdiction shall lay with the King County Superior Court, Regional Justice Center, in Kent, Washington and the prevailing party shall be entitled to recover its reasonably attorney fees and costs from the other party. This Agreement shall be governed by the laws of the State of Washington and remain in effect for the duration of water service hereunder. 11. Execution in Counterparts. This Agreement may be executed in any number of counterparts and by Renton and CRWSD hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth below. City of Renton By: Denis Law, Mayor Dated: Attest: Jason A. Seth, City Clerk Approved as to form: Shane Moloney, City Attorney ILA City of Renton for Ron Regis Park 081618 Page 4 of 4 Cedar River Water & Sewer District By: Mike Amburgey, General Manager Dated: EXHIBIT 1 EXHIBIT 2 3 I _ IQ 3S 3AV H1941 0 W 1 i I9 mNm I � _ � F to z - ooz_. o Uo 3i w W s I. i I V W J Z Q H� 00U�O p OC I p v C p W s d`^ u z 0 a e