HomeMy WebLinkAboutContract • CAG-13-031
AGREEMENT FOR EMERGENCY WATER SYSTEM INTERTIE AND
FOR THE SALE OF WATER IN AN EMERGENCY
FROM THE CITY OF RENTON TO COAL CREEK UTILITY DISTRICT
This AGREEMENT("AGREEMENT" or "Agreement") made and entered by the
CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter called
"RENTON" and COAL CREEK UTILITY DISTRICT, a municipal corporation of the State of
Washington, hereinafter called "DISTRICT" (individually a "Party" and collectively the
"Parties").
WHEREAS, the DISTRICT may experience emergency situations causing the
interruption of its water supply;
WHEREAS, RENTON, in the spirit of intergovernmental cooperation during such
water supply emergencies, is willing to sell an increment of water to the DISTRICT when
available during non-peak periods; and
WHEREAS, the Parties desire to enter into an AGREEMENT providing for the sale of
water from RENTON to the DISTRICT in an emergency;
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
1) Term of AGREEMENT. The effective date of this AGREEMENT shall be the date
signed by both Parties as set forth below. The AGREEMENT shall be for a minimum
of one (1) year and shall continue in full force and effect in its present form, or as
amended until terminated by either Party in accordance with Section 15 of this
Agreement. The rates and quantities of water sold by RENTON to the DISTRICT are
set forth in Sections (3), and (8).
2) Sale. Subject to the conditions set out in this Agreement, RENTON may sell water
to the DISTRICT through the Emergency Intertie as defined in Section 4 of this
Agreement in the event that the DISTRICT is experiencing an emergency. An
emergency is defined, for the purposes of this Agreement, as a situation of relative
short duration during which the DISTRICT cannot meet water consumption needs
of all or part of its distribution system.
3) Sale Price of Renton Water: The DISTRICT shall pay to RENTON for all water
delivered through the Intertie to the DISTRICT at the rate of RENTON's wholesale
water rate. The rates charged by RENTON to the DISTRICT for water supplied
through the Emergency Intertie shall be the rate in effect at the time of water
delivery to the DISTRICT.
CCUD_Emergency_lntertie Agreement.DOC -1-
4) Location of Emergency Interties: This Agreement is limited to one (1) emergency
intertie location ("Emergency Intertie") described as follows: the Renton/Coal
Creek emergency intertie meter vault located on 122"d Avenue SE (also known as
Lynwood Ave NE) between SE 96th Place and NE 26th Court, (NW1/4 of Section 4
Township 23 Range 5).The Emergency Intertie is further described and depicted on
Exhibit A attached hereto and incorporated herein by this reference.
5) Metering. The DISTRICT shall provide, and own and maintain, an appropriate
metering device ("meter" or "Meter") to measure the water flowing through the
Emergency Intertie. Before allowing any water to flow through the Emergency
Intertie, the DISTRICT shall provide RENTON with a description and documentation
of the need to withdraw water through the Emergency Intertie; provided, in the
event of an emergency where unforeseen circumstances of a short duration result
in the failure of the District's water system equipment or piping that necessitates
transfer of water to meet public health and safety demands and satisfy minimum
levels of service for District customers, the District shall be allowed to immediately
draw water through the Emergency Intertie as long as notification as soon as
possible after the withdrawal commences is provided to the City stating the
anticipated rate of flow that is to be received and for what period of time the flow
is expected to be maintained.
6) Priority and Continuity of Service. The determination of whether water is available
for emergency sale to the DISTRICT 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 delivery of water service if it determines
that such interruption or reduction is necessary or reasonable. Except in cases of
emergency and in order that operations will not be unreasonably interfered with,
RENTON shall give The DISTRICT reasonable notice of any such interruption or
reduction, the reason therefore, and the probable duration thereof. The DISTRICT
shall discontinue or reduce service from the Emergency Intertie upon reasonable
notice. Service shall be reactivated or increased again to the DISTRICT subject to
the aforementioned conditions.
7) Water Quality. 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 City ordinances relating thereto and not inconsistent
herewith. RENTON agrees to deliver water which shall be of no less quality than is
delivered to its other retail customers throughout the service area. Prior to any
delivery of water, information on current water quality will be provided to the
DISTRICT so that blending, compatibility and other water quality issues can be
evaluated and addressed.
CCUD_Emergency_Inter ie_Agreement.DOC -2-
8) Quantity of Water. Depending upon demand conditions, water availability
(including conservation impacts), as well as aquifer behavior, in the water systems,
RENTON may make available, for the purchase by the DISTRICT, up to the
approximate amount of one million eight hundred thousand (1,800,000) gallons
per day, at flow rates which may vary from zero to approximately 1,250 gallons per
minute, from the Emergency Intertie described and located in Section (4) of this
Agreement.
9) Coordination and Project Management.
A) Operations:
For the purpose of operating the Emergency Intertie between RENTON and the
DISTRICT, coordination shall occur between representatives of the water systems,
who are:
Water Maintenance Manager for the City of Renton
and
District Manager for Coal Creek Utility District
(or their designated representatives)
The coordination shall consist of exchanging operational information such as 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 water systems.
B. Engineering:
For the purposes of coordinating engineering issues regarding the RENTON and the
DISTRICT Emergency Intertie, the following personnel shall be the designated
representatives:
Lys Hornsby, Utility Systems Director for the City of Renton
and
Robert Russell, District Manager for COAL CREEK UTILITY DISTRICT
(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:
CCUD_Emergency_Intertie Agreement.DOC -3-
r � •
Lys Hornsby, Utility Systems Director for the City of Renton
(or their designated representatives or replacements)
Renton City Hall, 1055 S. Grady Way, Renton, WA 98057
and
Robert Russell, District Manager for COAL CREEK UTILITY DISTRICT
(or their designated representatives or replacements)
6801132 ND Pl. S.E., Newcastle, WA 98059
10) Payment. RENTON shall read the meter once each month at approximately thirty
(30) day intervals. RENTON shall bill the DISTRICT for all water provided to the
DISTRICT through the meter. Payment shall be made by the DISTRICT as soon as
possible after receipt of a bill for water supplied to the DISTRICT from RENTON, and
in any event, not later than the tenth (10) of the second month following the
presentation of the bill, except as to any disputed amounts. RENTON shall only
charge the DISTRICT for water provided to the DISTRICT through the meter, and
there shall be no standby, availability or other charges if no water was provided to
the DISTRICT through the meter during the previous thirty(30) day interval.
In the event a meter shall fail to register water flow or obviously register flow
incorrectly, the Parties agree the amount of water considered delivered through
the meter to the DISTRICT 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 water was
provided to the DISTRICT through the meter multiplied times the reading used.
11) Penalties for Late Payment. RENTON may assess a late charge on the DISTRICT for
failure to comply with the provisions in Section (10). This charge shall be at the
rate of six percent (6%) per year. In the event that the DISTRICT should fail to make
any payment for a period of sixty (60) days after the same becomes due, except for
any disputed amounts, RENTON shall have the right to terminate further water
service until such delinquency is cured.
12)Procedure for Amending 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 the DISTRICT and signed by both Parties.
13)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.
I
CCUD Emergency_Intertie_Agreement.DOC -4-
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14)Non-Assignability. Neither this AGREEMENT nor any interest therein shall be
transferred or assigned by either Party without prior written consent of both
Parties.
15)Termination. Each Party agrees not to interfere with the other's rights granted in
this Agreement, not to violate applicable laws, rules and regulations of agencies
with regulatory jurisdiction over the Parties, and not to take any action inconsistent
with this Agreement. This Agreement may only be terminated in the event of
material breach or default by either Party upon ninety(90) days written notice sent
by certified mail to the defaulting Party or only through mutual written agreement
of the Parties.
16)Authority. This Agreement is entered into by and between the Parties pursuant to
the authority set forth in Chapter 39.34 RCW, RCW 90.03.383, WAC 246-290-132
and Chapter 57.08 RCW.
17)Indemnity. Each Party agrees to indemnify, defend and hold harmless the other
Party, its officers, agents and employees, from and against any and all claims,
losses, liabilities, injuries or death of persons, or damage to property (collectively
"Claims"), arising out of any willful misconduct or negligent act, error or omission of
the indemnifying Party, its officers, agents, subcontractors or employees; provided,
the indemnifying Party's obligations to indemnify, defend and hold harmless the
other Party for Claims caused by or resulting from the concurrent negligence or
willful misconduct of the indemnifying Party to apply only to the extent of the
negligence or willful misconduct of the indemnifying Party.
18)Effective Date. This Agreement shall be effective upon the date of approval of this
Agreement by the legislative bodies of both Parties and the execution of the
Agreement by the Parties' authorized representatives.
CCUD_Emergency_Inter ie Agreement.DOC -5-
0 •
Authorized b Resolution No. 73 of the City Council of the City of Renton
Y � Y Y
Washington, at its regular meeting held on day of 2013.
CITY OF NTON
By:
Denis Law, Mayor
Dated:
ATTEST:
Bonnie I. Walton, City Clerk
APPR VED AS TO LEGAL FORM: `:. w
Larry Warren, City Attorney
Approved by Resiolution No. / 77 of the Board of Commissioners of COAL CREEK
UTILITY DISTRICT, of King County, Washington, adopted at its regular meeting held on
/3'* day of 2013.
COAL CREEK UTILITY DISTRICT
By:
Robert Russell, District Manager
Dated:
ATTEST:
CCUD_Emergency_Intertie Agreement.DOC -6-
EXHIBIT "A"
EMERGENCY WATER SYSTEM INTERTIE
FROM CITY OF RENTON TO COAL CREEK UTILITY DISTRICT
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CCUD_Emergency_Intertie_Agreement.DOC -7-