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HomeMy WebLinkAboutContract ,*Age u CAG-11-187 AGREEMENT FOR THE SALE OF WATER IN AN EMERGENCY BETWEEN THE CITY OF RENTON AND SKYWAY WATER AND SEWER DISTRICT This AGREEMENT made and entered into this 34*t— day of NOLkinnlao-f', 2011, by the CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter called "RENTON" and SKYWAY WATER AND SEWER DISTRICT, a municipal corporation of the State of Washington, hereinafter called "SKYWAY". WHEREAS, RENTON and SKYWAY may experience periodic water supply shortfall; WHEREAS, RENTON and SKYWAY recognize the public benefits of cooperation and collaborative problem solving; WHEREAS, RENTON and SKYWAY are willing to sell water in a emergency at the existing system intertie, WHEREAS, the parties desire to enter into an AGREEMENT providing for the sale of water in an emergency; NOW THEREFORE, IT IS AGREED AS FOLLOWS: 1) Term of AGREEMENT. The effective date of this AGREEMENT shall be n1owHm* , 2011. 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 are set forth in Sections (3), and (7). 2) Sale. Subject to the conditions set out in this agreement either party may sell water to the other in the event that the receiving party is experiencing an emergency. An emergency is defined, for the purposes of this agreement, as a situation of relative short duration during which either RENTON or SKYWAY cannot meet water consumption needs of all or part of its respective distribution system. 3) Rate: RENTON shall pay to SKYWAY for all water delivered at the rate of SKYWAY's wholesale water rate. SKYWAY shall pay to RENTON for all water delivered at the rate of RENTON's wholesale water rate. The rates charged by the SELLER shall be the rate in effect at the time of water delivery. Agreement for the Sale of rimer in an Emergency between the City of Fon and Skyway Water and Sewer District Page 2 of 5 4) Location of Intertie: This Agreement is limited to one (1) intertie locations described as follows: Skyway's Dimmitt Booster Station located at 12603 82nd Avenue South, near the intersection of 82nd Avenue South and South 126th (Section 12 Township 23 Range 4). The physical arrangement of the intertie is shown in Exhibits 1 and 2. 5) Metering. RENTON and SKYWAY shall each provide, and own and maintain, an appropriate metering device to measure the water flowing through the intertie. Before allowing any water to flow through the intertie, the party requesting the water shall provide a description and documentation of the emergency condition to the other party. 6) Priority and Continuity of Service. The determination of whether water is available for emergency sale shall be at the sole discretion of the party delivering (selling) the water. In the event of a condition requiring restrictions on the delivery of water, the party delivering the water shall have the right to restrict or interrupt service. The party providing water may voluntarily interrupt or reduce deliveries of water 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, the party providing water shall give the party buying water, reasonable notice of any such interruption or reduction, the reason therefore, and the probable duration thereof. The party buying water shall discontinue or reduce service from the intertie upon reasonable notice. Service shall be reactivated or increased again 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. Each party 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 receiving party so that blending, compatibility and other water quality issues can be evaluated and addressed. 8) Quantity of Water. Depending upon demand conditions, water availability (including conservation impacts), as well as aquifer behavior, in the water systems, each party may make available, for the purchase by the other party, up to the approximate amount of one million eight hundred thousand (1,800,000) gallons per day, at flow rates vary from zero to approximately 1,250 gallons per minute, from the intertie described and located in Section (4) of this agreement. H:\File Sys\WTR-Drinking Water Utility\WTR-11-Interagency Cooperation\WTR-11-0016-Skyway Water and Sewer District\Agreement-Emergency-Sale-of-Water-2011\Final_Emergency_water_supply_contract.doc\AG Agreement for the Sale of der in an Emergency between the City of%Obn and Skyway Water and Sewer District Page 3 of 5 9) Coordination and Project Management. A) Operations: For the purpose of operating the intertie between RENTON and SKYWAY, coordination shall occur between representatives of the systems, who are: Water Maintenance Manager for the City of Renton and General Manager for Skyway Water and Sewer (or their designated representatives ) 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. B. Engineering: For the purposes of coordinating engineering issues regarding the RENTON and SKYWAY intertie, the following personnel shall be the designated representatives: Lys Hornsby, Utility Systems Director for the City of Renton and Cheryl Scheuerman, Manager for Skyway Water and Sewer (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: 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 H:\File Sys\WTR-Drinking Water Utility\WTR-11-Interagency Cooperation\WTR-11-0016-Skyway Water and Sewer District\Agreement-Emergency-Sale-of-Water-2011\Final_Emergency_water_supply_contract.doc\AG Agreement for the Sale of*.*ter in an Emergency between the City of R`brr(on and Skyway Water and Sewer District Page 4 of 5 Cheryl Scheuerman, Manager for Skyway Water and Sewer District (or their designated representatives or replacements) 6723S. 124 th St., Seattle, WA 98178 10) Payment. The party providing the water shall read the meter once each month at approximately thirty (30) day intervals. Payment shall be made by the party 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. 11)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 (10). 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. 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 SKYWAY 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. 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. 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 ninety (90) days written notice sent by certified mail to the other party. H:\File Sys\WTR-Drinking Water Utility\WTR-11-Interagency Cooperation\WTR-11-0016-Skyway Water and Sewer District\Agreement-Emergency-Sale-of-Water-2011\Final_Emergency_water_supply_contract.doc\AG Agreement for the Sale of der in an Emergency between the City of R"fon and Skyway Water and Sewer District Page 5 of 5 � a,4loZ DATED this day of Authorized by Resiolution No. 020 of the City Council of the City of Renton, Washington, at its regular meeting held on Jff# day of 2011. CITY ENT ON By: ' Denis Law, Mayor ATTEST: a �A• Ct�c2:E� aa'.. s � Bonnie I. Walton, City Clerk - APP VED AS TO LEGAL FORM: Larry Warren, City Attorney Approved by Resiolution No. P-03-4/71 of the Board of Commissioners of SKYWAY WATER AND SEWER DISTRICT, of King County, Washington, adopted at its regular meeting held on O"— day of QQURrribsI' , 2011. SKYWAY WATER AND SEWER DISTRICT By: 0 Cheryl Sche rman, General Manager ATTEST: / i/YiS1j"A�oY/ fA►'�/iCeS ��A�U'' H:\File Sys\WTR-Drinking Water Utility\WTR-11-Interagency Cooperation\WTR-11-0016-Skyway Water and Sewer District\Agreement-Emergency-Sale-of-Water-2011\Final_Emergency_water_supply_contract.doc\AG r,i,r *mw EXHIBIT 1 LOCATION OF EMERGENCY WATER SYSTEM INTERTIE BETWEEN SKYWAY WATER AND SEWER AND DISTRICT AND CITY OF RENTON SITE ADDRESS: 12603 82"D AVE SOUTH—DIMMITT BOOSTER PUMP STATION EXISTING 12" WATER (CITY OF RENTON) -° S. 126TH ST. WEST HILL \ y RESERVOIR TELEMETRY SHELTER �. CONDUIT FOR RESERVOIR \ LEVEL SIGNAL e LIMIT OF EASEMENT\ TO SKYWAY WATER\I w do SEWER DIST. w 4 12" DUCTILE IRON o o INTERTIE \ DIMMITT Go �\ BOOSTER STATION low BEE' Z �o rip 0 ��� N � s ,.I '-pig DIP LL. .41 QD I 12L LLJ nr r € a s Z • li Z�.d 14 Pit: Q - ; N �j x a ha kt25 k7R �I" 1` m Q + �•� � ��R �wg F'y aQ3 __x, __ �-�� .�>-_ FRY �d��U +�+ � D _ � 8 I F \,` � O #a U LLJ LLI S 3t1N3A QNl6 _ l Rir Tr @R,p a y.. !!! r!� uj 'tCC� t" \ ri t� r5 7) �a $ a1 ti i\ e Y Hsi c, A . rya c !,/ uj Ln 1 d$ a OTC '��\�� _ � , •� t _9���> � � W ( - 'T 'I,k filly Qy K CJ C'Ci a