HomeMy WebLinkAbout13-191 - King County - 2014-2018 Regional Storm Water Decant Facility Program2014 - 2018 KING COUNTY
REGIONAL STORMWATER DECANT FACILITY PROGRAM
Application - Use Agreement
13 -191
Council Approval N/A
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APPLICANT /AUTHORIZED USER INFORMATION
Business /Agency Name CITY OF TUKWILA
Owner or /Principal Executive Officer Name JIM HAGGERTON
Title MAYOR
Business /Agency Physical Address 6200 SOUTHCENTER BLVD
City TUKWILA Zip 98188
Tax ID Number 91- 6001519 Telephone Number (206) 433 -1860
Fax Number Cell Number
E -mail Address
Web Address www. tukwilawa. gov
Billing Address if different from above 600 MINKLER BLVD
City TUKWILA Zip 98188
Billing Contact Name JOHN HOWAT
Title SEWER & SURFACE WATER SUPERINTENDENT
Billing Contact Telephone Number (206) 433 -1864
Billing Contact E -mail john.howat @tukwilawa.gov
Day -to -Day Operations Contact Name JOHN HOWAT
Title SEWER & SURFACE WATER SUPERINTENDENT
Telephone Number
E -mail
(206) 433 -1864
john.howat(ukwilawa.gov
Cell Number
(206) 571 -6312
Please notify King County of any changes made to the information provided above within 30
days by calling 206 - 296 -8219. /ID /6147/k---S
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2014 - 2018 KING COUNTY
REGIONAL STORMWATER DECANT FACILITY PROGRAM
Application - Use Agreement
PROGRAM PURPOSE
The purpose of stormwater decant facilities is to provide an environmentally sound system
for disposing of materials generated from the cleaning of stormwater drainage systems. King
County is providing a system for the disposal of generated stormwater materials that is open
to all users, including King County agencies, other public agencies and private companies. In
order to operate this system, it is required that all users pay their fair share and follow
standard operating procedures as laid out in this Use Agreement and the Regional Stormwater
Decant Facility Program Operations and Maintenance Manual (Operations Manual). A copy
of the Operations Manual is available at www.kingcounty.gov /rentondecant
USE AGREEMENT CONDITIONS
1. This Use Agreement shall be valid from date of final application approval (Page 9 of this
Use Agreement) through December 31, 2018.
1.1. This Use Agreement may be amended at any time in writing to add or subtract
equipment to Attachment A of the user's application.
1.2. The Authorized User is responsible for notifying King County of any change(s) to the
Applicant/Authorized User Information including ownership, owner or billing
names, physical addresses, billing address, phone numbers, or insurance coverage
status within 30 days of the change(s).
1.3. Either party may terminate this Use Agreement at any time by sending written notice
to the person who signed this Use Agreement for the other party.
2. The Authorized User is responsible for paying the user fee as established by King County,
including, without limitation, any user fees that are outstanding on the termination of this
Use Agreement. The current fee is eighty -one dollars ($81.00) per station entry for
liquids and fifty -nine dollars ($59.00) per ton for solids disposal.' The fee structure is
set by King County Council and may be amended at its discretion.
2.1. The Authorized User acknowledges that the late payment by Authorized User to the
County of any sum due under this Use Agreement will cause the County to incur
administrative, collection, processing and accounting costs and expenses not
contemplated under this Use Agreement, the exact amounts of which are extremely
difficult and impractical to fix. Therefore, if any sum due under this Use Agreement
is not received by the County from the Authorized User within thirty (30) days from
the invoice date ( "the Delinquency Date "), the Authorized User shall immediately
pay to the County on the Delinquency Date a late charge of one percent (1 %) of the
amount of such sum. The County and the Authorized User agree that this late charge
represents a reasonable estimate of such costs and expenses and is fair compensation
1
King County Code, Title 14, 14.85 REGIONAL VACTOR WASTE DISPOSAL, 14.85.020 FEES (Ord.
14523 § 2, 2002: Ord. 13019 § 1 (part), 1998).
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2014 - 2018 KING COUNTY
REGIONAL STORMWATER DECANT FACILITY PROGRAM
Application - Use Agreement
to the County for its loss caused by the Authorized User's nonpayment. Should
Authorized User pay said late charge but fail to pay contemporaneously therewith all
unpaid sums due under this Use Agreement, the County's acceptance of this late
charge shall not constitute a waiver of Authorized User's default with respect to
Authorized User's nonpayment or prevent the County from exercising all other rights
and remedies available to the County under this Use Agreement or under law.
2.2. Additionally, all such delinquent sums, and all late charges not paid when due, shall
bear interest for each day following their Delinquency Date until paid at a percentage
rate equal to the lesser of (i) one and one -half percent (1.5%n) per month or (ii) the
maximum rate permitted under applicable law.
2.3. Waiver of the late charge or interest with respect to any delinquent payment will not
he deemed to constitute a waiver of the late charge or interest with respect to any
subsequent delinquent payment.
2.4. Any payments of any kind returned for insufficient funds will be subject to an
additional charge of $3.5.00 payable by Authorized User to the County.
2.5. If payments are received by check or draft from Authorized User, and two (2) or
more of such checks or drafts are dishonored by the bank or other financial
institution they were drawn upon in any twelve (12) month period, the County may
thereafter terminate this Use Agreement or require all payments due hereunder from
Authorized User to the County to be made by bank cashier's or bank certified check
or other similar means of payment and the County shall not be required to accept any
checks or drafts of Authorized User which do not comply with such requirements.
2.6. If suit is brought upon the Authorized User's failure to pay, and if judgment in such a
suit is entered in favor of the County, then the Authorized User shall pay all
damages, including but not Iimited to costs, expenses and reasonable attorney's fees
and all other litigation related expenses, incurred by the County.
3. The Authorized User certifies that it will maintain for a three -year period after each use of
the facility, on the Authorized User's premises, a detailed log of all activities conducted
by each vehicle that uses the facility. This log must identify all stormwater drainage
systems that have been cleaned and be signed by the employee on a daily basis. This log
shall be made available for inspection by King County or its assigns upon request by the
Program Administrator and shall contain the information identified in the Operations
Manual.
4. The Authorized User certifies that it will abide by all rules and regulations contained
within the Operations Manual and that its' employees will attend the required training
provided by King County Department of Transportation (KCDOT), prior to using any
King County facility. The Authorized User is responsible for their own and for all of
their employees' activities relating to the use of the facilities.
4.1. Any vehicle that uses a King County facility without at least one KCDOT trained
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2014 - 2018 KING COUNTY
REGIONAL STORMWATER DECANT FACILITY PROGRAM
Application - Use Agreement
employee present will be subject to termination pursuant to section 9 of this Use
Agreement.
5. In the event that any of the Authorized User's officers, employees, agents or
representatives causes damage in any way to any facility or property of King County, the
Authorized User covenants and agrees to pay King County the amount of damages
thereby incurred by King County, together with any and all costs, legal and otherwise,
including attorney's fees, incurred by King County in the determination of the nature and
extent of the damage and enforcement of such obligation against the Authorized User.
6. The Authorized User will provide the Program Administrator with a copy of the User's
procedures for dealing with known or suspected contaminated materials, also referred to
as hot loads or unacceptable loads. The Authorized User's contaminated load
procedures will be provided on company or agency letterhead and signed. Although the
County reserves the right to review and approve such procedures, the County is under no
obligation to do so, and the County assumes no responsibility for such procedures or
their compliance with applicable laws, rules and regulations, which shall remain the sole
responsibility of the Authorized User.
7. The Authorized User further agrees to pay all disposal costs, cleanup costs, remediation
costs and other costs, if any, resulting from the delivery of contaminated materials by the
Authorized User to a King County facility. For purposes of this Application — Use
Agreement, "contaminated" or "contaminated materials" means any hazardous, toxic,
dangerous or unacceptable substance, waste or material which is or becomes regulated
under any federal, state or local statute, ordinance, rule, regulation or other law now or
hereafter in effect pertaining to environmental protection, contamination, remediation or
cleanup, or public health, safety or welfare, including, without limitation, any substance,
waste or material which now or hereafter is designated as hazardous in or for the
purposes of any federal, state or local statue, ordinance, rule or other regulation.
8. The Authorized User agrees that King County personnel may inspect its vehicles and
contents at any time such inspection is requested by King County at the point of disposal.
9. The Authorized User agrees that in the event that King County determines that the
Authorized User has violated any provision hereof this Use Agreement may be
terminated immediately by King County.
HOLD HARMLESS AND INDEMNIFICATION
To the maximum extent permitted by law and except to the extent caused by the sole
negligence of King County, the Authorized User shall protect, defend, indemnify, and save
harmless the County, its officers, officials, employees and agents, from any and all penalties,
losses, costs, claims, judgments, and /or awards of damages, of whatsoever nature arising out
of or in any way resulting from the acts or omissions of the Authorized User, its officers,
employees, and /or agents incident to this Application — Use Agreement. The Authorized
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2014 - 2018 KING COUNTY
REGIONAL STORMWATER DECANT FACILITY PROGRAM
Application - Use Agreement
User agrees that its obligations hereunder extend to any claim, demand, and /or cause of
action brought by or on behalf of any of its employees or agents. For this purpose, the
Authorized User, by mutual negotiation, hereby waives, as respects the County only, any
immunity that would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW. In the event the County incurs any judgment, award
and /or cost arising therefrom, including attorney's fees, to enforce the provisions of this
paragraph, all such fees, expenses, and costs shall be recoverable by the County from the
Authorized User.
The foregoing Hold Harmless and Indemnification provisions shall survive the expiration or
termination -of this Use Agreement with respect to any event that occurs prior to, or on the
date of, such expiration or termination. Nothing contained within these provisions shall
affect and /or alter the application of any other provision contained within this Use
Agreement.
INSURANCE REQUIREMENTS
A. By the date of execution of this Use Agreement the Authorized User shall procure and
maintain for the duration of this Use Agreement insurance against claims for injuries to
persons or damages to property which may arise from, or in connection with the performance
of work hereunder by the Authorized User, its agents, representatives, employees, and/or
subcontractors. The cost of such insurance shall be paid by the Authorized User.
For All Coverages: Each insurance policy shall be written on an "Occurrence" form.
By requiring such minimum insurance, the County shall not be deemed or construed to have
assessed the risks that may be applicable to the Authorized User under this Use Agreement.
The Authorized User shall assess its own risks and, if it deems appropriate and /or prudent,
maintain greater limits and /or broader coverage.
Nothing contained within these insurance requirements shall be deemed to limit the scope,
application and /or limits of the coverage afforded, which coverage will apply to each insured
to the full extent provided by the terms and conditions of the policy(s). Nothing contained
within these provisions shall affect and /or alter the application of any other provision
contained within this Use Agreement.
B. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. General Liability:
Insurance Services Office form number (CG 00 01 current edition) covering
COMMERCIAL GENERAL LIABILITY.
2. Automobile Liability:
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2014 - 2018 KING COUNTY
REGIONAL STORMWATER DECANT FACILITY PROGRAM
Application - Use Agreement
Insurance Services Office form number (CA 00 01 current edition) covering
BUSINESS AUTO COVERAGE, symbol 1 "any auto "; or the combination
of symbols 2, 8, and 9.
3. Workers' Compensation:
Workers' Compensation coverage, as required by the Industrial Insurance Act
of the State of Washington.
4. Employers Liability or "Stop- Gap ":
The protection provided by the Workers Compensation policy Part 2
(Employers Liability) or, in states with monopolistic state funds, the
protection provided by the "Stop Gap" endorsement to the General Liability
policy.
C. Minimum Limits of Insurance
The Authorized User shall maintain limits no less than, for:
1. General Liability: $1,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage, and for those policies with aggregate
limits, a $2,000,000 aggregate limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
3. Workers' Compensation: Statutory requirements of the State of residency.
4. Employers Liability or "Stop Gap" coverage: $ 1,000,000 limit of liability
D. Deductibles and Self - Insured Retention
Any deductibles or self - insured retention must be declared to, and approved by, the County.
The deductible and /or self - insured retention of the policies shall not limit or apply to the
Authorized User's liability to the County and shall be the sole responsibility of the
Authorized User.
E. Other Insurance Provisions
The insurance policies required in this Use Agreement are to contain, or be endorsed to
contain the following provisions:
1. General and Automobile Liability Policy(s):
a. The County, its officers, officials, employees and agents are to be covered
as additional insured as respects: liability arising out of activities performed
by or on behalf of the Authorized User in connection with this Use
Agreement. CG 201 11/85 or its equivalent shall be provided
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2014 - 2018 KING COUNTY
REGIONAL STORMWATER DECANT FACILITY PROGRAM
Application - Use Agreement
b. To the extent of the Authorized User's negligence, the Authorized User's
insurance coverage shall be primary insurance as respects the County, its
officers, officials, employees and agents. Any insurance and /or self - insurance
maintained by the County, its officers, officials, employees or agents shall not
contribute with the Authorized User's insurance or benefit the Authorized
User in any way.
c. The Authorized User's insurance shall apply separately to each insured
against whom a claim is made and /or lawsuit is brought, except with respect
to the limits of the insurer's liability.
2. All Policies:
Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except
by the reduction of the applicable aggregate limit by claims paid, until after forty -five (45)
days prior written notice has been given to the County.
F. Acceptability of Insurers
Unless otherwise approved by the County, Insurance is to be placed with insurers with a
Bests' rating of no less than A:VIII, or, if not rated with Bests', with minimum surpluses the
equivalent of Bests' surplus size VIII.
If at any time, any of the foregoing policies shall be or become unsatisfactory to the County,
as to form or substance, or if a company issuing any such policy shall be or become
unsatisfactory to the County, the Authorized User shall, upon notice to that effect from the
County, promptly obtain a new policy, and shall submit the same to the County, with the
appropriate certificates and endorsements, for approval.
G. Verification of Coverage
The Authorized User shall furnish the County with certificates of insurance and
endorsements required by this Use Agreement. The certificates and endorsements for each
insurance policy are to be signed by a person authorized by that insurer to bind coverage on
its behalf. The certificates and endorsements for each insurance policy are to be on forms
approved by the County and are to be received and approved by the County prior to the
commencement of activities associated with this Use Agreement. The County reserves the
right to require complete, certified copies of all required insurance policies at any time.
H. Subcontractors
The Authorized User shall include all subcontractors as insured under its policies, and /or
shall furnish separate certificates of insurance and policy endorsements from each
subcontractor. Insurance coverage provided by subcontractors, as evidence of compliance
with the insurance requirements of this Use Agreement shall be subject to all of the
requirements stated herein.
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2014 - 2018 KING COUNTY
REGIONAL STORMWATER DECANT FACILITY PROGRAM
Application - Use Agreement
I. Municipal or State Agency Provisions
If the Authorized User is a Municipal Corporation or an agency of the State of Washington
and is self - insured for any of the above insurance requirements, a certification of self -
insurance shall he attached hereto and be incorporated by reference and shall constitute
compliance with this section.
CASH DEPOSIT
The applicant shall, at the time it submits this application, deposit with the County, and shall
maintain during the entire term of this Use Agreement, a non - interest bearing cash deposit as
follows: fifteen - hundred dollars ($1,500.00) payable to King County DOT. King County
may increase or decrease the amount of the deposit on thirty (30) days written notice to the
Authorized User. If King County increases the amount, the Authorized User shall deposit the
amount of the increase with King County no later than thirty (30) days after the date of the
County's written notice. If King County decreases the amount, King County shall refund the
amount of the decrease to the Authorized User. This deposit shall be used to ensure payment
of monthly billings, costs associated with disposal of contaminated materials, damages to the
facility or other County property, and any other amounts due the County by the Authorized
User, and may be utilized by King County when the amount payable by the Authorized User
to King County is delinquent. Neither the payment of said deposit to King County, nor King
County's utilization of the deposit, shall limit the Authorized User's liability to King County
for the payment of amounts due the County by the Authorized User in excess of the amount
covered by said deposit. If the County utilizes the cash deposit, authorization to use the
facilities may be suspended and use privileges will not be reinstated until deposit levels are
restored to the original amount and all outstanding bills have been paid. The amount
remaining in the deposit will be returned to the Authorized User when this Use Agreement
expires or terminates and all outstanding claims are satisfied. A waiver of the cash deposit
may be granted to public agencies.
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2014 - 2018 KING COUNTY
REGIONAL STORMWATER DECANT FACILITY PROGRAM
Application - Use Agreement
erms of the Regional Stormwater Decant Facility Program 2014 - 2018
A . plication - Use Agree ► ent have been read and agreed to by:
Signature
officer
owner or pr
executive
Date
Print name Title
tAA
Mctre-
Company
THE FOLLOWING CHECKED ITEMS MUST BE INCLUDED IN YOUR APPLICATION
PACKET:
Pages 1 & 9 of the Application — Use Agreement
Attachment A — Vehicle Identification Information
Certificate of Liability Insurance
n Contaminated Load Procedure (See Section 6.0)
C Fifteen - hundred dollar ($1,500.00) deposit
• Checks or money orders only. Make checks payable to: King County DOT
• A waiver of the cash deposit may be granted to public agencies.
n Copy of Reseller Permit
SEND COMPLETED APPLICATION TO:
King County DOT, Road Services Division
Traffic and Maintenance Operations Section
Regional Stormwater Decant Facility Program
ATTN: Jake Finlinson
155 Monroe Ave NE
Renton, WA 98056 -4199
Approved by
Program Administrator, Roa ds int
enance Section
King County Road Services Division
i
Approved by ..vr
Finance Man er Fin e Unit
King County Road Services Division
Date /z/3 %3
Date 2P✓✓i.%/Y
Page 9 of 9
KING COUNTY REGIONAL STORMWATER DECANT FACILITY PROGRAM
Attachment A
Application — Use Agreement
BUSINESS /AGENCY NAME: CITY OF TUKWILA
DATE: November 5, 2013
VEHICLE IDENTIFICATION INFORMATION
All Trucks and Units must have the following capabilities:
1) Ability to discharge liquids and solids separately.
2) Total capacity for liquid not to exceed 3,000 gallons.
3) Company name on both sides of truck AND visible from 100 feet.
Truck #1
Truck #2
Truck #3
Vehicle License
Plate
Number /State
25198D
49212D
VIN Number
1 HTGGAHT7XH643524
1 HTWXAHT99J117600
Truck Year /Make*
1998 INTERNATIONAL
CAB /CHASSIS
2009 INTERNATIONAL
CAB /CHASSIS 7600
Unit Year /Make*
1998 Vactor
2009 Vactor
Vehicle Color,
Distinguishing
Marks
Blue
White
Company ID No. or
Name
#1309
#2311
Max. Unit Capacity
Tons / Gallons
10 Yards /1300 Gallons
10 Yards /1300 Gallons
For King County Use
Assigned Scale Card #
100169
100170
All Trucks and Units must have the following capabilities:
1) Ability to discharge liquids and solids separately.
2) Total capacity for liquid not to exceed 3,000 gallons.
3) Company name on both sides of truck AND visible from 100 feet.
ASHINGTON MOTOR VEHICLE INSURANCE IDENTIFICATION CARD
APANY NAME:
3HINGTON CITIES INSURANCE AUTFORITY
INSURED RISK•
MEMe)=R1of9 zr
QI ver a Provitird by t f pulley mecls the minimum
Fy IimRll prAcnbid by taw. .j
IE OF INSURED: EFFECTIVE DATE
vile UNTIL CANCE•L°LED!
(cable with respect to the following vehicle:
MAKE MODEL
&V at Vector
Address of claims office:
PO Box 88030
Tukwila, WA 981389{ s,.
(206) 5175 6046 'u
he;l` s' rnDst'ber port.
b Clfy.all�flptieforc
calfing tli'e Claimi'Offlc .
I t
VEHICLE IDENTIFICATION NUMBER
1EfIWXAHT99J117600
SEE CITY EMPLOYEE MESSAGE ON REVERSE SIDE
3ITY EMPLOYEE MESSAGE:
1. Give immediate assistance.
Record all details of the incident, to include names, time, exac
location (take pictures if possible). Be observant and accurate.
S. Fill out an incident report as soon as possible and forward it to
your supervisor.
S. In the event of an incident involving serious injury, a fatality,
or large property loss occurring AFTER regular working
hours, call Evergreen Adjustment Service at 1- 800 -933 -4235
;. Do not admit liability or state that the city will take care of the
damages.
5. Do not discuss the incident with anyone other than your
supervisor or other authorized personnel.
WASFIINGTON MOTOR VEHICLE INSURANCE IDENTIFICATION CARD
COMPANY NAME:
WASHINGTON CITIES INSURANCE AUTHORITY
SELF INSURED RISK POOL
WCIA MEMBER l,of 9
* i
The coverage purled by Iran polity mee s the minimum
Ii�bility Iim113 prekrlbed by taw.
NAME OF INSURED
Tukwila i j h
EFFECTIVE DATE
UNTIL CANCELLiE4 t i
Address of claims office:
PO Box 88030
Tukwila, WA98138,r
(206);57 604&' 4�3
The Ibs m s he,rt.porit
to a l alt fifit before 4
cailltig the Ctalrts Offlc`
Applicable with respect to the following vehicle:
YEAR MAKE MODEL
1998 Internatiatal. Vector
Cab/Chassis
SEE CITY EMPLOYEE MESSAGE ON REVERSE SIDE
• ,
_ t
VtHIt.LE RANI HIA I IU14 NUMutn
1EfIrTGAHT7XH643524
CITY EMPLOYEE MESSAGE:
1. Give immediate assistance.
2. Record all details of the incident, to include names, time, exact
location (take pictures if possible). Be observant and accurate.
3. Fill out an incident report as soon as possible and forward it to
your supervisor.
4. In the.event of an incident involving serious injury, a fatality,
or large property loss occurring AFTER regular working
hours, call Evergreen Adjustment Service at 1 -800- 933 -4235
5. Do not admit liability or state that the city will take care of the
damages.
6. Do not discuss the incident with anyone other than your
supervisor or other authorized personnel.
PURPOSE:
City of Tukwila
Public Works Maintenance Department
CONTAMINATED LOAD PROCEDURE
To identify, handle and dispose of suspected and /or obvious contaminated materials.
POLICY STATEMENT:
As of this time, the City of Tukwila is not licensed to carry hazardous materials. Our
operators are instructed that if there is an oily residue, if it looks suspicious, or an
unfamiliar odor is emitting from the structure it must be tested before we can clean it. If
the Toad is unsafe, we cannot proceed. The City of Tukwila refers this work to a licensed
vendor.
Any liquid loads that may be contaminated with oil, gasoline, or grease will not be disposed
of at King County Regional Stormwater Decant Station.
Operations Manager
e der & Surface Water Superintendent
Date: / 1-5 -"2o 3
Date: �l (l1 — 1)
600 Minkler Boulevard • Tukwila, Washington 98188 • Phone: 206 - 433 -1860 • Fax: 206 -575 -3404