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Utilities 2015-03-10 COMPLETE AGENDA PACKET
City of Tukwila Utilities Committee ❖ Dennis Robertson, Chair ❖ Verna Seal ❖ De'Sean Quinn AGENDA Distribution: P. Brodin D. Robertson R. Turpin V. Seal M. Hart D. Quinn Clerk File Copy K. Kruller 2 Extra Mayor Haggerton Pg. 1 D. Cline e -mail cover to: A. Le, L. Humphrey C. O'Flaherty, D. B. Giberson Robertson, D. Almberg, F. Iriarte B. Saxton, S. Norris, R. Tischmak M. Hart, L. Humphrey G. Labanara TUESDAY, MARCH 10, 2015 — 5:30 PM FOSTER CONFERENCE ROOM (formerly known as CR #1) in the 6300 Building Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a) NPDES Program a) Information Only Pg. 1 2014 Annual Report and 2015 Surface Water Management Program (SWMP) Plan b) Fort Dent Park BNSF Sewer Relocation b) Forward to 3/16/15 Regular Pg. 31 Consultant Agreement Consent Agenda c) Interurban Water Reuse c) Forward to 3/16/15 Regular Pg. 51 Reclaimed Water Service & Use Agreement with Consent Agenda Starfire Sports 3. ANNOUNCEMENTS 4. MISCELLANEOUS Future Agendas: Next Scheduled Meeting: Tuesday, March 24, 2015 SThe City of Tukwila strives to accommodate individuals with disabilities Please contact the Public Works Department at 206 - 433 -0179 for assistance. City of Tukwila Jim Haggerton, Mayor TO: Mayor Haggerton Utilities Committee FROM: Bob Giberson, Public Works Director 11Rli BY: Greg Villanueva, NPDES Coordinator DATE: March 6, 2015 SUBJECT: NPDES Program Project No. 99341210 2014 Annual Report and 2015 Surface Water Management Program Plan ISSUE Review the City's 2014 National Pollutant Discharge Elimination System (NPDES) Annual Report and 2015 Surface Water Management Program (SWMP) Plan. The NPDES Program requires that the City implement a comprehensive SWMP Plan that complies with requirements outlined in the City's updated NPDES Phase 11 permit which became effective August 1, 2013 and was modified January 16, 2014. The conditions of the existing and updated permit require that the City develop a SWMP Plan and submit annual reports to the Department of Ecology (DOE) outlining our progress in meeting permit requirements by March 31 of each year. The SWMP Plan document commits the City to activities which have staffing, training, procedural, and documentation requirements that the City must follow. The SWMP Plan is updated annually to reflect any required changes to our program and to provide greater detail as various programs are fully developed. Once the SWMP Plan is submitted to the DOE, it will be used to determine whether permit obligations are being met. DISCUSSION City staff completed the 2014 Annual Report, which reflects activities completed by the City in 2014. In addition, staff also updated the 2015 SWMP to reflect permit requirements for 2015. All 2015 updates are printed in blue for reference. The 2014 Annual Report must be signed by the City Administrator and both documents electronically submitted to the DOE by the reporting deadline of March 31, 2015. Information only. Attachments: 2014 Annual Report 2015 Surface Water Management Program Plan (SWMP) Plan W:\PW Eng\PROJECTS\A- DR Projects\NPDES Program (99341210)\Annual Reports and Surface Water Management Programs014 Annual Report &2015 SWMP Plamlnfo Memo 2014 Annual Report & 2015 SWMP Plan - sb.doc Page of Annual Report ss,v.z Attach updated annual smrmnate, Management Program Plan (swmpplan). (S5^^.2) | Sav�uoo�um�ntmame` /�ttaOM[�8Mt A soo.s Attach a copy of any annexations, incorporations or boundary changes resulting in an increase or | decrease in the pennutee's geographic area m permit coverage during the ncvomnn period per Not Applicable ss.A.a Implemented an ongoing program to gather, track, and mu|mam |nmnnaunn pe,ss.A.a' including costs or estimated costs of implementing the SWMP. Yes ss.xa.b Coordinated among departments within the jurisdiction to eliminate barriers to permit compliance. (S 5. A.s.u) Yes ss.x.s.0 Attach o written descnvuunm|mema|omndmauun mechanisms. (Required to be submitted no later than March az, 2015, s5.A.5.b) sx.c za*| and ii Saved Document Name: Internal Coordination-41b 02272015 0854.pdf Attachment Attach description of public education and outreach efforts conducted per S5.C. La. i and ii. Saved Document Name: Education and Outreach Effp,ts-5_02272015_0e18.puf Attachment K� ss.c.z.b Created stewardship opportunities (or partnered with others) to encourage resident participation in activities such as those described in S5.C.1.b. Yes ss.cz.b Used results m measuring the understanding andadovuonmt,,weteuuchov|ooamonontleus one audience mat least one subject area m direct education and outreach resources and evaluate changes in adoption of targeted behaviors. (Required no later than February 2, 2016, S5.C.1.b) Yes S5c.1 h Attach description nr how this requirement was met Attachment [] ,Savou�pcume6�N�me. /Memunnnmeunue�anmnx and «uonuonmra�e�uuexavm� s ssz�a.n Describe the opportunities created for the public m participate m the decision making processes involving the development, implementation and updates of the Permittee's SWMP. (S5.C.2.a) The public isinvited tv all City Council, Committee of Whole, Utilities Committee meetings and workshops. Current snvMP Plan and Annual Report /s made available on the City NPDES web page. The City provides workshop notices in the Tukwila Reporter, Hazelnut newsletter, City's mPOESvv,upage,Tuuw||a'egovernment Channel 2z, twitter and Facebook. In addition, posting of SWMP Plan notices and invites at strategic locations on Posted the updated swmp Han and latest annual report on vourwcusitc no later than May sz. K knns .vvo .ounx9— 03/04/70I5 Page 2 of 7 S5.C.2.b Yes S5.C.2.b List the website address. www. tukwilawa.gov /pubwks /npdes.htmi .............................................................................................................................. ............................... I10 S5.C.3.a.i - Maintained a map of the MS4 including the requirements listed in S5.C.3.a.i. -vi. vi Yes ............... - .... ............... ........ _........................................................................................................................................................................................................................... ............................... 11 S5.C.3.b.v Implemented a compliance strategy, including informal compliance actions as well as enforcement provisions of the regulatory mechanism described in S5.C.3.b. (S5.C.3.b.v) Yes ........................... -.......................................................................................................................................................................................................................................................... ............................... 12 S5.C.3.b.vi Updated, if necessary, the regulatory mechanism to effectively prohibit illicit discharges into the MS4 per S5.C.3.b.vi. (Required no later than February 2, 2018) Not Applicable ....................................................................................................................................................................................................................................................................................... ............................... 12b Cite the Prohibited Discharges code reference Not Applicable .......................................................... ........................................................................................................................................................................................................................... ............................... 13 S5.C.3.c.i Implemented procedures for conducting illicit discharge investigations in accordance with S5.C.3.c.i. Yes ............... . . . . . . . . . . .. . . .. . . ... . . .. . . . .. . . .. .. . .. .. .. . . .. ... . . .. .. .. . . . . . . .. . . . ... .. . . . . .. . .... . . .. . .... ... . . ... . .. .. . . . . . .. . . . . . . . .. . ... . . . . . ... . . .. . . .... .. . . . .. .. . . . .. .. . . .. . . .. ...... . . .. . . .. .. .. . . . . .. . .... . . ... .. .. . . . . . .. ................ . ... .. . . . .. .. ... . . .. . . .. .. .. . . ... .... . . . 13b S5.C.3.c.i Cite methodology Illicit Discharge Detection and Elimination: A Guidance Manual for Program Development and Technical Assessments. Center for Watershed Protection. October 2004 14 S5.C.3.c.i Percentage of MS4 coverage area screened in reporting year per S5.C.3.c.i. (Required to screen 40% of MS4 no later than December 31, 2017 (except no later than June 30, 2018 for the City of Aberdeen) and 12% on average each year thereafter. (S5.C.3) 10 I15 S5.C.3.c.ii List the hotline telephone number for public reporting of spills and other illicit discharges. (S5.C.3.c.ii)1 206 - 431 -1860 15b S5.C.3.c.ii Number of hotline calls received. 2 ..........................................................._.............................................................................................................................................................................................................................. ............................... 16 S5.C.3.c.iii Implemented an ongoing illicit discharge training program for all municipal field staff per S5.C.3.c.iii. Yes ......................... . . . .. . . . . . . . . . . . . . . . . . .. . . .. . . . .. . . .. . . .. . . . .. . . . .. . . . . . . .. . . . .. . . . .. .. .. . . . .. . . .. . . . . . . . . . . . . . . .. . . . . .. . .. .. ... . . .. . . .. .. . .. . . .. .. .. . . . .. . . .. . . . . . . .. . . .. . . . .. . .. . . . .. .. .. . .. . . .. . . . .. . .. . . .. . . . . . . .. . . . . . . . . . . . .. . . . .. . . . ... . . . . . . . . . . .. . . . . . . . ... . .. . . .. . . .. . .. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 17 S5.C.3.c.iv Informed public employees, businesses, and the general public of hazards associated with illicit discharges and improper disposal of waste. (S5.C.3.c.iv) Yes ......................... _................................................................................................................................................................................................................................................................ ............................... 17b S5.C.3.c.iv Describe the information sharing actions. (S5.C.3.c.iv) Information action for public employees include, educating employees of Permit requirements at various meetings as well as providing updated information. Key employees are trained and this training is shared with other essential employees. For businesses, the City implements a Local Hazardous Waste Management Program that partners with King County Health and Environmental Investigators to provide business inspection. A variety of information is provided to the businesses including Permit requirements. Also, stormwater quality, illicit discharges, spill response and good housekeeping measures are discussed. The general public is informed by way of posting information on the City's NPDES webpage, Tukwila channel 21, Tukwila Reporter, Hazelnut newsletter, availability of various brochures, annual SWMP education and outreach booth 3 https: / /secureaccess.wa. gov/ ecy /wgwebportal /wgwebsubmittal /V iewQuestionnaire. aspx ?... 03/04/2015 Page 3o[7 4 `A7xnov/p^n/nvnnve6nnr1nl/w`wf-.hmihmiUnl/\/rn()ics1nnnnimcnsns9 M/04001 5 at the City Backyard Wild Life Festival. For businesses and general public, the City uses its NPDES webpage to post "The 2011 Yellow Book", Hazardous Waste Directory. 18 S5.C.3.d Implemented an ongoing program to characterize, trace, and eliminate illicit discharges into the MS4 Yes 19 S5.C.3.d.iv Number of illicit discharges, including illicit connections, eliminated during the reporting year. 20 S5.C.3.d.iv Attach a summary of actions taken to characterize, trace and eliminate each illicit discharge found by or reported to the permittee. For each illicit discharge, include a description of actions according to required timeline per S5.C.3.d.iv Attachment E Saved Document Name: Summary of Actions Taken to Characterize Trace and Elimination Discharge Timeline_20-02272015-0921.pdf 21 S5.C.3.e Municipal illicit discharge detection staff are trained to conduct illicit discharge detection and elimination activities as described in S5.C.3.e. Yes 22 S5.C.4.a Implemented an ordinance or other enforceable mechanism to address runoff from new development, redevelopment and construction sites per the requirements of S5.C.4.a. Yes 24 S5.C.4.a.i Number of exceptions granted to the minimum requirements in Appendix 1. (S5.C.4.a.i., and Section 6 of Appendix 1) 25 S5.C.4.a.i Number of variances granted to the minimum requirements in Appendix 1. (S5.C.4.a.i., and Section 6 of Appendix 1) 26 S5.C.4.b.i Reviewed Stormwater Site Plans for all proposed development activities that meet the thresholds Yes 26b S5.C.4.b.i Number of site plans reviewed during the reporting period. 27 S5.C.4.b.ii Inspected, prior to clearing and construction, permitted development sites that have a high potential for sediment transport as determined through plan review based on definitions and requirements in Appendix 7 Determining Construction Site Sediment Damage Potential, or alternatively, inspected all construction sites meeting the minimum thresholds adopted pursuant to S5.C.4.a.i. (S5.C.4.b.ii) Yes 27b S5.C.4.b.ii Number of construction sites inspected per S5.C.4.b.ii. 28 S5.C.4.b.iii Inspected permitted development sites during construction to verify proper installation and maintenance of required erosion and sediment controls. (S5.C.4.b.iii) Yes 28b S5.C.4.b.iii Number of construction sites inspected per S5.C.4.b.iii. 29 S5.C.4.b.ii, Number of enforcement actions taken during the reporting period (based on construction phase iii and inspections at new development and redevelopment projects). (S5.C.4.b.ii, iii and v) 4 `A7xnov/p^n/nvnnve6nnr1nl/w`wf-.hmihmiUnl/\/rn()ics1nnnnimcnsns9 M/04001 5 Page 4 of 7 30 S5.C.4.b.iv Inspected all permitted development sites that meet the thresholds in S5.C.4.a.i upon completion of construction and prior to final approval or occupancy to ensure proper installation of permanent stormwater facilities. (S5.C.4.b.iv) Yes ............ ....................... ...................... ........................... ........... ........... ........................ .......................................................................... 31 S5.C.4.b.ii-iv Achieved at least 80% of scheduled construction - related inspections. (S5.C.4.b.ii-iv) Yes ......................... ......I ............................................... .......... ............ ........... .................... ...................... .............. 32 S5.C.4.b.iv Verified a maintenance plan is completed and responsibility for maintenance is assigned for projects. (S5.C.4.b.iv) Yes ............... ........... ............... ............................. .............................................. 33 S5.C.4.c Implemented provisions to verify adequate long-term operation and maintenance (O&M) of stormwater treatment and flow control BMPs/facilities that are permitted and constructed pursuant to S5.C.4. a and b. (S5.C.4.c) .......................................................................................................................................................................................................................................................... Yes .............................. ............ 35 S5.C.4.c.iii Annually inspected stormwater treatment and flow control BMPs/facilities per S5.C.4.c.iii. .............................................. Yes .................. ........ 35b S5.C.4.c.iii If using reduced inspection frequency for the first time during this permit cycle, attach documentation per S5.C.4.c.iii Not Applicable ........... - - ................ .......... ... ........ ........................... ......................................... 36 S5.C.4.c.iv Inspected new residential stormwater treatment and flow control BMPs/facilities and catch basins every 6 months per S5.C.4.c.iv to identify maintenance needs and enforce compliance with maintenance standards. .................... Yes ........... ......................... ....................... ........... ............ .............. .... ... ............................ ... ......... ... ....... ... ...... .... ......... .... .... ... ................ 37 S5.C.4.c.v Achieved at least 80% of scheduled inspections to verify adequate long-term O&M. (S5.C4.c.v) ................... ... ............................... Yes ....................................................................................................................................................................................... I ............ 38 S4.C.4.c.vi Verified that maintenance was performed per the schedule in S5.C.4.c.vi when an inspection identified an exceeclance of the maintenance standard. Yes 8b S5.C.4.c.vi Attach documentation of any maintenance delays. (S5.C.4.c.vi) Not Applicable ............. ................................ ............. ............... I ............ ........................................................................................................ 9 S5.C.4.d Provided copies of the Notice of Intent for Construction Activity and Notice of Intent for Industrial Activity to representatives of proposed new development and redevelopment. (S5.C.4.d) Yes ............................................... I ............. .................... ............ .................... ................. . . .................... - ....... - 0 S5.C.4.e All staff responsible for implementing the program to control stormwater runoff from new development, redevelopment, and construction sites, including permitting, plan review, construction site inspections, and enforcement are trained to conduct these activities. (S5.C.4.e) Yes ................. ............................ -.1 ........... ................. -1.1 ...................... ........... ............. ............................................. ................. ........... S5.C.4.g Participated and cooperated with the watershed-scale stormwater planning process led by a Phase I county. (S5.C.4.g) Not Applicable .............. ............... ........... ................................ ............. .......... ...................................................................... S5.C.5.a Implemented maintenance standards as protective, or more protective, of facility function as those specified in Chapter 4 of Volume V of the 2005 Stormwater Management Manual for Western Washington. 61 https:llsecureaccess.wa.gov/ecy/wqwebportal/wqwebsubmittal/ViewQuestion-naire.aspx?... 03/04/2015 Page 5 of 7 Yes 44 S5.C.5.a Applied a maintenance standard that is not specified in the Stormwater Management Manual for Western Washington. ............................................................ No N ................................ .......... ............... ....................................................................................... -.1. ......................... .................. 44b S5.C.5.a Please note what kinds of facilities are covered by this alternative maintenance standard. (S5.C.5.a) ................. ......................................... 45 S5.C.5.a.ii ........................ - .................................................................................... .......... .................................... ................................. .................. Performed timely maintenance per S5.C.5.a.ii. ........................................................... Yes .................................... ......................................................................................................................... .......................... 46 S5.C.5.b Annually inspected all municipally owned or operated permanent stormwater treatment and flow control BMPs/facilities. (S5.C.5.b) ......................................................... Yes ......................................... ........... ............................................................................................................. ...... .......... 46b S5.C.5.b Number of known municipally owned or operated stormwater treatment and flow control BMPs/facilities. (S5.C.5.b) 47 ........................................................................ ............... ............................................................. 46c S5.C.5.b Number of facilities inspected during the reporting period. (S5.C.5.b) .................................... I .............................................................. 47 I .............. .................... .................................................................. ............. 46d S5.C.5.b Number of facilities for which maintenance was performed during the reporting period. (S5.C.5.b) 47 ............. -'-- ............. .............................................................................. ........... .......... ................................................................... 47 S5.C.5.b If using reduced inspection frequency for the first time during this permit cycle, attach documentation per S5.C.5.b. ......................... ....................................................................... Not Applicable ............. ........... ........................................................................... ... ............... ... ....... ........... ................... 48 S5.C.5.c Conducted spot checks and inspections (if necessary) of potentially damaged stormwater facilities after major storms as per S5.C.5.c. ............ Yes ......................................................................... I .............. ........... .................... ......................................... 49 SS.C.5.d Inspected all municipally owned or operated catch basins and inlets as per S5.C.5.d, or used an alternative approach. (Required once no later than August 1, 2017 and every two years thereafter, except once no later than June 30, 2018 and every two years thereafter for the City of Aberdeen) ............ Not Applicable ..................................................................... ......................... ................................................. 49b S5.C.5.d Number of known catch basins. ............. ........... I ............ --- ......................... 5073 ............................. ............................................ ............. ............ ............................................................ I .......... 49c S5.C.5.d Number of catch basins inspected during the reporting period. .............. ............. 1-1.1-.1--l- ..... 1466 ..................... ............................................................. .......... ................... ...................................... ... ............ ... ... 49d S5.C.5.d Number of catch basins cleaned during the reporting period. ......................... .................... 1466 ................. ................ ............................................................................ .................. - ................ .......... ................ ....................... ................................................ 50 S5.C.5.d.i-ii Attach documentation of alternative catch basin cleaning approach, if used. (S5.C.5.d.i or ii) ................. I ....... .................................. Not Applicable ............ .............................................. ......................... ................................................................. ... 11--.1-1 1--.1.11111 51 S5.C,5.f Implemented practices, policies and procedures to reduce stormwater impacts associated with runoff from all lands owned or maintained by the Permittee, and road maintenance activities under the functional control of the Permittee. (S5.C.5.f) Yes 6 httDs:llsecureaccess.wa.tiovlecvlwawebDortallwowebsubmittallViewOuestionnaire.asDx?... 03/04/2015 Page 6 of 7 52 SS.C.S.g Implemented an ongoing training program for Permittee employees whose primary construction, operations or maintenance job functions may impact stormwater quality. (S5.C. 5.g.) Yes .................................................................................................................... I ......................... ............... . ....... - ............ .................................................................................... ............. 53 S5.C.5.h Implemented a Stormwater Pollution Prevention Plan for all heavy equipment maintenance or storage yards, and material storage facilities owned or operated by the Permittee in areas subject to this Permit that are not required to have coverage under an NPDES permit that covers stormwater discharges associated with the activity. (S5.C.5.h) Yes ....................... .............. .......... ............... .................................................................................... .............. .......... ............ 54 S7.A Complied with the Total Maximum Daily Load (TMDL)-specific requirements identified in Appendix 2. (S7.A) Not Applicable ....................... ..... ......... ............ ........................ ................ ........... ............................................................ ............. ........................ 55 S7.A For TMDLs listed in Appendix 2: Attach a summary of relevant SWMP and Appendix 2 activities to address the applicable TMDL parameter(s). (S7.A) Not Applicable ............. .......... ............... ............................ .......................................................................... .......... 56 S8.A Attach a description of any stormwater monitoring or stormwater - related studies as described in S8.A. Not Applicable ................. I—— .......... 7 S8.13.1 ............... ....................... .. . ................................................................................. .............. ............. Participated in cost-sharing for the regional stormwater monitoring program (RSMP) for status and trends monitoring. (S8.13.1) ..................... ........... Yes ................... ................. .............................................. .......... ............. B S&C. 1 Participated in cost-sharing for the regional stormwater monitoring program (RSMP) for effectiveness studies. (S8.C.1) (Required to begin no later than August 15, 2014) ................... ..................................................................... Yes I ................... .................... .............................. .............................................................................. 9 S8.D.1 Contributed to the RSMP for source identification and diagnostic monitoring information repository in accordance with S8.D.1. (Required to begin no later than August 15, 2014) ....................... Yes ............................................................................................................................. .................. ................................................. 0 G3 Notified Ecology in accordance with G3 of any discharge into or from the Permittees MS4 which could constitute a threat to human health, welfare or the environment. (G3) ............... Yes ............ .......................................................................... .......... 1 G3 Number of G3 notifications provided to Ecology. ................... 5 ............................ ................................................................ ......................... ........................ .............. ............. 2 G3.A Took appropriate action to correct or minimize the threat to human health, welfare, and/or the environment per G3.A. .......... Yes .............. ............ ............... ..................................... .......................... ................. ............ 3 S4. F.1 Notified Ecology within 30 days of becoming aware that a discharge from the Permittee's MS4 caused or contributed to a known or likely violation of water quality standards in the receiving water. (S4. F. 1) ................................... Yes ................... .. ........ .............................................................................. ............ 4 S4.F.3.a If requested, submitted an Adaptive Management Response report in accordance with S4.F.3.a. .................... I .................. Not Applicable ........... .................. .................. ................................................................. .......... ............... 5 S4.F.3.d Attach a summary of the status of implementation of any actions taken pursuant to S4.F.3 and the status of any monitoring, assessment, or evaluation efforts conducted during the reporting period. (S4.F.3.d) rA https:llsecureaccess.wa.gov/ecy/wqwebportal/wqwebsubmittal/ViewQuestionnaire.aspx?... 03/04/2015 Page 7 of 7 Not Applicable G20 Notified Ecology of the failure to comply with the permit terms and conditions within 30 days of becoming aware of the non - compliance. (G20) Not Applicable ................................................................................................................................................................................................................................................. ............................... G20 Number of non - compliance notifications (G20) provided in reporting year. 0 .. _ ................................................................................................... ............................... _...... _............................................... ............................ ............... G20 List the permit conditions described in non - compliance notification(s). Not Applicable Attachments: Back 1. logy 1 . ay,..,(. D7t,,iI v mm= 8 httns - / /seciire2ccess.wa. gov/ ecv /wowebnortal /wowebsubmittal /V iewOuestionnaire.asnx ?... 03/04/2015 Attachment A City of 'Tukwila i • Stormwater Management Program Plan (SWMP) Plan Prepared By City of Tukwila Public Works Department City of Tukwila Stormwater Management Program Plan TABLE OF CONTENTS INTRODUCTION....................................................................................................................... I NPDES PHASE 11 PROGRAM COMPONENTS ................................................................... 2 1. Public Education and Outreach ............................................................................................ 3 2. Public Involvement and Participation .................................................................................. 4 3. Illicit Discharge Detection and Elimination ........................................................................ 5 4. Controlling Runoff from New Development, Redevelopment, and Construction Sites ...... 6 5. Pollution Prevention and Operation and Maintenance for Municipal Operations ...............8 6. Coordination ........ ...... ........ -- ... ............. ........... .9 7. Compliance with Total Maximum Daily Load Requirements .... .............................10 8. Monitoring and Assessment ........................................................................ 12 CONCLUSION............................................................................................. 13 10 The National Pollutant Discharge Elimination System (NPDES) permit program is a requirement of the federal Clean Water Act. The federal Environmental Protection Agency (EPA) has delegated permit authority to state environmental agencies. In Washington, the NPDES delegated permit authority is the Washington State Department of Ecology (DOE). This document was prepared by the City of Tukwila to meet the requirements for a Stormwater Management Program (SWMP) Plan as required by the NPDES Phase II Permit. The SWMP Plan was developed to reduce pollutant discharges from the City's Municipal Separate Storm Sewer System (MS4) The Permit allows discharge of stormwater runoff from municipal drainage systems into the state's water bodies (i.e., streams, rivers, lakes, wetlands, etc.) as long as municipalities implement programs to protect water quality by reducing the discharge of "non -paint source" pollutants to the "maximum extent practicable" (MEP). In addition, the City must meet "all known and reasonable treatment" (AKART) through application of Permit specified "best management practices" (BMPs). The practices specified in the Permit are collectively referred to as the SWMP Plan and grouped under the following program components: • Public Education and Outreach • Public Involvement and Participation • Illicit Discharge Detection and Elimination • Controlling Runoff from New Development, Redevelopment and Construction Sites • Pollution Prevention and Operation and Maintenance for Municipal Operations • Coordination • Compliance with Total Maximum Daily Load Requirements • Monitoring and Assessment The Permit requires that the City: • Report annually (by March 31 of each year) on the SWMP Plan implementation from the prior year. • Submit annually (by March 31 of each year) a SWMP Plan that describes proposed surface water management program activities for the coming year. • Develop a SWMP Plan that includes an ongoing program for gathering, tracking, maintaining, and using information to evaluate its SWMP Plan development, implementation and permit compliance and to set priorities. • Coordinate with other permittees on stormwater- related policies, programs, and projects within adjoining or shared areas. • Coordinate with City departments to eliminate barriers to compliance with the terms of the permit. Include a description of coordination in the Annual Report no later than March 31, 2015. City of Tukwila Storm water Management Program 1 of 13 March, 2015 11 Tukwila is defined as a Phase II community by DOE and, therefore, mandated to comply with the requirements of the Phase II National Pollution Discharge Elimination System (NPDES) Stormwater Permit. Phase II communities are those that: • Own and operate a storm drain system • Discharge to surface waters of the state • Are located in urbanized areas • Have a population of more than 1,000 Municipalities with a population of over 100,000 (as of the 2010 . census) have been designated as Phase I communities and must comply with DOE's Phase I NPDES Municipal Stormwater Permit. Tukwila's population is below the 100,000 threshold and must comply with the Phase II Municipal Stonnwater Permit. Approximately 100 other municipalities in Washington must now comply with the Phase II Permit, as operators of small "municipal separate storm sewer systems" (MS4). Ecology's Phase II Permit is available on Ecology's Web site at: htlp: / /www.ecy wa.gov/programs /wq /stonnwater/ municipal /phaseIIww /wwphiipennit.html Tukwila completed requirements of its initially issued NPDES Phase II Stormwater Permit which expired July 31, 2013. Tukwila applied to the Department of Ecology and was issued a new five -year term NPDES Phase II Stonnwater Permit on August 1, 2012 with an effective date of August 1, 2013 and an expiration date of July 31, 2018. The Permit was then modified and reissued December 17, 2014 with an effective date of January 16, 2014 . to further control the discharge of pollutants to protect surface water and ground water quality in Washington State. As stated, the major program components listed in the Permit are as follows: • Public Education and Outreach • Public Involvement and Participation • Illicit Discharge Detection and Elimination • Controlling Runoff from New Development, Redevelopment, and Construction Sites • Pollution Prevention and Operation and Maintenance for Municipal Operations • Coordination • Total Maximum Daily Load Requirements • Monitoring and Assessment The following sections describe requirements of each program component, the City's current activities, and what the City's planned activities are to meet the requirements. In general, the City of Tukwila is currently performing all previously required NPDES Phase II Permit activities and has programs in place to address the updated Permit requirements. City of Tukwila Stormwater Management Program Plan 2 of 13 March, 2015 im 1. PUBLIC EDUCATION AND OUTREACH 1.1 Permit Requirements The Permit (Section S5.C.1.) requires the City to: • Target and implement an educational and outreach program that will build general awareness specific to the general public, businesses, engineers, contractors, developers, development staff and land use planners and other City employees that will help to reduce and eliminate behaviors and practices that cause or contribute to adverse stormwater impacts. • Implement an outreach program that targets a selected audience with the purpose of improving their understanding and behaviors that impact surface water. • Create stewardship opportunities and /or partner with existing organizations to encourage residents to participate in activities such as stream teams, storm drain marking, volunteer monitoring, riparian plantings and education activities. • Measure the understanding and adoption of the targeted behaviors for at least one selected audience and one selected topic. • Track and maintain records of public education and outreach activities. 1.2 Current Activities The City of Tukwila has an active public educational and outreach program regarding general impacts of stormwater on surface waters with the following target audiences: • The general public with an emphasis on school age children in science based classrooms. • Carpet cleaning, landscaping, automotive /truck, and restaurant businesses. • Residents /homeowners, apartment managers /owners. • City development staff, land use planners, maintenance personnel and other City employees. • The City partners with Boeing Employees Credit Union, Forterra, FarthCYorps and the Friends of Duwainish Hill Preserve to provide stewardship training and restoration activities in Tukwila's parks and shoreline areas. Typically volunteers gather monthly to do restoration and conservation work in Tukwila directly affecting the water quality, natural habitat and vegetation within the Duwan-tish/Green watershed. In addition, the City of Tukwila hosts an annual 1- lealthy Earth, 1-lealthy 5k and tree planting event involving over 250 people learning about the Duwamish watershed and how they are a part of the cleanup. The City also works with Duwamish Clean up Coalition, actively participating in the luwa:mish Alive! Restoration and community education activities throughout the year on three restorations sites. • The City expanded its Public education and outreach program with access to Tukwila's government Channel 21, which was implemented as a tool to provide updates and various types of information to the public, Our Public Works Department now uses this channel to inform the public of the City's Surface Water Department and completed a staff` interview that covered frequently asked questions about stor. nwater. City of'Tukwila Stormwater Management Program Plan 3 of 13 March, 2015 13 • Also new to the City's public education and outreach program is the use of Twitter and Pacebook. • The City has a phone survey prograin that targets selected audiences that include but not limited to the general public, automotive businesses, restaurants, and property owners /managers. This program is used to help measure the public's understanding of stonnwater problems and guide the City's education and outreach program. • Track and maintain records of the City's public education and outreach activities. 1.3 Planned Activities The City of Tukwila will conduct the following activities in 2015: • Continue with the City's educational program that began in 2012 targeting school age children in science based classrooms addressing general impacts of stormwater on surface waters. • Target and educate carpet cleaning, landscape, automotive /truck and restaurant businesses of the impacts of associated pollutant generating activities. • Continue training public works personnel including field staff, new employees, and development review and planning department personnel relating to Low Impact Development (LID) principals and LID Best Management Practices (BMPs). • Continue to conduct phone surveys of a targeted audience of 100. The City will compare year to year survey results to help guide future education and outreach programs. • Provide an outreach boot h at the City's annual Backyard. Wild Life Festival giving exposure to the City's SWMP Plan and encouraging input to the Plan. ']'his year the outreach booth will emphasize Low Impact Development and promote the use ofrain gardens. • Continue to support existing stewardship programs currently in place. Continue to offer informal environmental stewardship training when the opportunity presents itself through hands -on restoration activities. • Continue outreach efforts with the general public by posting NPDES updates on the City's NPDES web page. • Continue with and update when necessary Tukwila's government TV Channel 21. • Continue to track and maintain records of the City's public education and outreach activities. • Summarize this year's Public Education and Outreach" activities in the Annual Report. City of Tukwila Stormwater Management Program Plan 4 of 13 March, 2015 14 2. PUBLIC INVOLEMENT AND PARTICIPATION 2.1 Permit Requirements The Permit (Section S5.C.2) requires the City to: • Provide ongoing opportunities for public involvement and participation through advisory councils, public hearings, watershed committees, participating in developing rate - structures, SWMP Plan development and implementation or other similar activities. • Make available and post the current SWMP Plan and annual report for the previous years on the City's website no later than May 31 of each year. Make available to the public all other documents to be submitted to DOE as required by the Permit. 2.2 Current Activities The City of Tukwila uses the following opportunities for Public Involvement and Participation: • The public is invited to all City Council, Committee of the Whole, Utilities Committee and workshops where input on NPDES Phase II related topics are encouraged. • The City maintains the most current SWMP Plan and Annual Report on its NPDES web site. These documents are also made available to the public upon request. • Provide notices of upcoming workshops, in the Tukwila Reporter, Hazelnut newsletter, and City's NPDES webpage. In addition, notices will be posted at strategic locations such as City Hall, Public Works and Community Development areas. 2.3 Planned Activities The City of Tukwila will continue with the following Public Involvement and Participation activities for 2015: • Invite the public to participate in the decision making process involving proposed rate increases, and implementation and update of the annual SWMP Plan through advisory councils, public meetings, and watershed committees. • Invite the public to all City Council, Committee of the Whole, Utilities Committee and workshops where input on NPDES Phase II related topics are encouraged. • The City will make available and update its website with current NPDES information including the current SWMP Plan and Annual Report on its website: www.tukwilawa.goy/pubwks /npdes by May 31 of each year. • Provide NPDES Phase II updates on the City's NPDES web page. • Summarize this year's Public Involvement and Participation in the Annual Report. City of Tukwila Stormwater Management Program Plan 5 of73 March, 2015 W 3. ILLICIT DISCHARGE DETECTION AND ELIMINATION 3.1 Permit Requirements The Permit (Section S5.C.3) requires the City to: • Implement an ongoing Illicit Discharge Detection and Elimination (IDDE) program designed to prevent, detect, characterize, trace and eliminate illicit connections and illicit discharges into our MS4. • Periodically update the City's municipal storm sewer system map. • Have an ordinance in place to effectively prohibit non-stormwater, illegal discharges, and dumping into the City's MS4, including locating priority areas likely to have illicit discharges. • Implement a field screening methodology appropriate to the characteristics of the MS4 and water quality concerns. Complete field screening for at least 40% of the MS4 no later than December 31, 2017, and on average 12% each year thereafter. • Implement an ongoing program designed to detect, identify and address non- stormwater discharges, illicit connections, and spills. Infon-n public employees, businesses, and the general public of hazards associated with illegal discharges and improper waste disposal. • Provide training to appropriate City employees on IDDE. Document training events, staff, attendance and maintain records of activities conducted to meet Permit requirements. Conduct follow-up training as necessary to address changes in procedures, techniques, requirements or staffing. • Track and document IDDE activities and summarize in the 2015 Annual Report to DOE. 3.2 Current Activities The City of Tukwila has an ongoing IDDE program in place that includes these current activities: • The City maintains a geographic (GIS) mapping program. This information is provided upon request to the public. • The City has an ordinance and program in place that prohibits non-stormwater, illegal discharges, and dumping into the City's MS4, including locating priority areas likely to have illicit discharges. The ordinance also provides for escalating enforcement, • The City has an active IDDE inspection program that includes both private and public stormwater facilities. • The City has an advertised reporting phone number, (206) 433-1860, where illegal dumping and spills can be reported. • The City provides information regarding the hazards associated with illegal discharges and improper waste disposal to the general public, businesses and public employees. • The City has a Suds Safe Car Wash Program that makes car wash kits available to Tukwila citizens for fund raising events held within Tukwila City limits. City of Tukwila Stormwater Management Program Plan 6 of j-13 March, 2015 11.1 • The City has an active inspection program that targets businesses with potential pollution generating activities such as restaurants and automotive businesses. • Appropriate training is provided to City employees on IDDE into the City's MS4. The City maintains records of the training events. • The City's Maintenance Department provides ongoing video inspection of its stormwater conveyance system. • Track and document IDDE activities and summarize in the Annual Report. 3.3 Planned Activities The City of Tukwila will continue all current IDDE activities and will implement the following activities in 2015: • Continue field screening methodology appropriate to the characteristics of the MS4 and water quality concerns. • Provide and make available various brochures to help increase public awareness of the City's stormwater issues. Continue to provide public outreach videos on the City's NPDES webpage. • Review the City's spill hotline number, (206) 433 -1866, to determine if the process is functioning as expected. • Provide training for new employee's hired in-201 5. • Track and document IDDE activities and summarize in the Annual Report. 4. CONTROLLING RUNOFF FROM NEW DEVELOPMENT, REDEVLOPMENT AND CONSTRUCTION SITES 4.1 Permit Requirements The Permit (Section S5.C.4) requires the City to: • Implement and enforce an ordinance or other mechanism that addresses stormwater runoff and pollutant generating activities to its MS4 from any new development, redevelopment, and construction site activities. This applies to both private and public development, including roads. • Have in place a permitting process for residential and commercial site plan review, inspection, and enforcement capability necessary to implement the requirements of the Permit. • Have provisions in place to verify adequate long -term operation and maintenance (O &M) of new stormwater treatment and flow control BMPs /facilities permitted and constructed. Establish maintenance standards that are as protective as those in Chapter 4 of Volume V of the 2012 Stormwater Management Manual for Western Washington by December 31, 2016. • Make available and provide copies of the Notice of Intent (NOI) for Construction or Industrial Activity of proposed new development and redevelopment representatives. • Ensure proper staff is trained to conduct inspection and enforcement as necessary and provide follow -up training as needed to address changes in procedures, techniques, or staffing. Record and maintain records of training provided and a list of staff that have been trained. City of Tukwila Stormwater Management Program Plan 7 of 13 March, 2015 MA • Review and revise the City's development codes, standards and specifications to incorporate and require Low Impact Development (LID) principles and LID best management practices (BMPs) as the preferred method for development by December 31, 2016. • Participate in watershed-scale stormwater planning under condition S5.C.5.c of the Phase I Municipal Stormwater General Pen-nit if required. At this time, King County has not selected Tukwila as a participant in the watershed-scale stormwater planning process. • Track and document Controlling Runoff activities and summarize in the Annual Report. 4.2 Current Activities The City has an active program to reduce pollutants in stormwater runoff from new development, redevelopment, and construction sites that includes the following: • The City implements the 2009 King County Surface Water Design Manual as direction to address stormwater runoff and water quality for both public and private projects, including roads. • Make available "Notice of Intent (NOI) for Construction or Industrial Activity" to representatives of proposed new development and redevelopment. • Staff receives ongoing training on erosion control and 1,11) techniques. • All construction sites are inspected prior to start, during, and post construction. This includes annual post-construction of all commercial and residential treatment and flow control BMPs/facilities whereby maintenance responsibility, standards and inspection procedures are addressed. • Document and maintain records of all new development and redevelopment and construction site activities, including inspections and enforcement actions. • Long-term operation and maintenance of stormwater control and water quality treatment is conducted. • Post-construction of private stormwater systems are performed and documented. • Track and document Controlling Runoff activities and summarize in the Annual Report. 4.3 Planned Activities The City will continue all current activities and will implement the following activities for 2015: • Continue to review, revise and make effective development-related codes, rules, standards, or other enforceable documents to incorporate and require LID principles and LID BMPs. • Continue LID training, • Prepare to adopt maintenance standards equivalent to the 2012 Stormwater Management Manual for Western Washington. • Review and improve, where applicable, the City's program to Control Runoff from New Development, Redevelopment and Construction Sites. • Track and document Controlling Runoff activities and summarize in the Annual Report. City of Tukwila Stormwater Management Program Plan 8 of 13 March, 2015 18 5. POLLUTION PREVENTION AND OPERATION AND MAINTENANCE FOR MUNICIPAL OPERATIONS 5.1 Permit Requirements The Permit (Section S5.C.5) requires the City to: • Implement an operations and maintenance program with the ultimate goal of preventing or reducing pollutant runoff from municipal operations. • Implement maintenance standards that are as or more protective, of facility functions than those specified in Chapter 4 of Volume V of the 2012 Stormwater Management Manual for Western Washington by December 31, 2016. • Conduct annual inspections of all municipally owned or operated permanent stormwater treatment and flow control BMPs /facilities, and conduct necessary maintenance actions that will meet City adopted standards. • Conduct spot checks, of City owned flow control and water quality facilities after major storm events, and repair if needed or perform any necessary maintenance. • Inspect all City owned catch basins and inlets at least once no later than August 1, 2017 and every two years thereafter. Clean catch basins if needed to comply with maintenance standards. • Maintain compliance with an established inspection program designed to inspect all sites, achieving at least 95% of inspections per requirements of the Permit. • Implement an operations and maintenance (O &M) program with the ultimate goal of preventing or reducing pollutant runoff from all lands owned or maintained by the City, including but not limited to, streets, parking lots, roads, highways, buildings, parks, open space, road right -of -ways, maintenance yards, and stormwater treatment and flow control BMPs /facilities. • Conduct ongoing training for employees whose primary construction operations or maintenance job functions may impact storinwater. Document and maintain records of training provided and the staff trained. • Provide a Stormwater Pollution Prevention Plan (SWPPP) for all City owned or operated heavy equipment maintenance or storage yards and material storage yards. A schedule for implementation of structural BMPs and periodic inspections shall be included in the SWPPP. • Maintain ongoing records of inspections, maintenance, or repairs conducted to meet performance measures. • Track and document O &M activities and summarize in the 2014 Annual Report. 5.2 Current Activities The City of Tukwila's Operations & Maintenance program includes the following: Catch basins and conveyance system including flow and water quality facilities are inspected and cleaned on a circuit based program and as necessary annually. Video inspection is conducted to help investigate illegal connections, discharges, damaged and obstructed sections of pipe. Appropriate response and repairs are conducted. City of Tukwila Stormwater Management Program Plan 9 of 13 March, 2015 101 • Staff maintains a list of potential problem areas that are monitored and maintained during and after major storm events. O&M training program and a SWPPP is in place at required locations. • Track and document O&M activities and summarize in the Annual Report. 5.3 Planned Activities The City has an active pollution prevention and operation and maintenance program conducted by the City's Surface Water Maintenance Division and will conduct the following activities in 2015: • Continue ongoing inspection and necessary maintenance of all water quality and flow control facilities, including catch basins owned and operated by the City. • Continue to monitor and maintain known problem areas after major storin events. • Continue with the City's street sweeping program helping to reduce the amount of sediment and associated waste. • Provide necessary training for City employees whose job functions may impact stormwater. • Document and maintain record of these activities. • Review the current SWPPP for compliance and update as necessary. • Continue with BMPs to reduce stormwater impacts associated with runoff from all municipal owned properties and operations. • Track and document O&M activities and summarize in the 2015 Annual Report. 6. COORDINATION 6.1 Permit Requirements The Permit (Section S5.A.5) requires coordination between Departments within the City to eliminate barriers to compliance with the terms of this permit by: • The SWMI-I shall include coordination mechanisms among departments within each jurisdiction to eliminate barriers to compliance with the terms of this permit'. 6.2 Current Activities Coordination activities include the following: • Engineering has identified NPDES Permit coordination contacts within the City. • Intenially, engineering staff has a ]cad role in coordinating Permit requirements with public and private stormwater related activities among City departments, Most all departments are affected by the Permit requirements and key departments have significant contributions to improve and reduce stormwater runoff. • Pre-application review iriectings are scheduled at the time of a pre-application project submittal, These meetings are attended by all key City departincrits as well as the applicant. • The City uses a formal process by distributing a routing slip to ascertain each department has the opportunity to assign appropriate staff for review of each proposed project. City of Tukwila Stormwater Management Program Plan 10 of 13 March, 2015 KII Development review meetings occur weekly, where permit requirements are identified, Review meetings are attended by the NI'DES Coordinator, I)evelopmeni Engineers and other key staff * Externally, City projects that impact interconnected MS4s are coordinated on an informal basis. Staff` coordinates with WSDOT. Ding County, Kent, Renton, Iurien and Sea 'fac. Private property projects that will connect to a neighboring City's stonil drainage facility are referred to that particular City for approval.. SEPA is an additional mechanism used to coordinate with other jurisdictions. The City's stormwater map is made available to those jurisdictions with interconnected MS4s. * All efforts are made by the City to play an active role in various NPDES regional coordination groups. An NPDES contact list which includes both Phase; I and Phase 11 Permittees is maintained and updated when necessary. In addition, the 'Fukwila's Operations and Maintenance performs a lead role interacting internally and with neighboring jurisdictions with physically interconnected MS4s. A contact coordination list is maintained and updated as necessary. .3 Planned Activities Coordination efforts include: The City will continue coordination efforts internally and with neighboring cities and jurisdictions. Issue an internal rnernorandurrr of mandated NPDES updates ensuring each department understands the Permit requirements. Provide a gap analysis to determirrc specific coordination needs. Summarize this year's Coordination efforts in the Annual Report:. 7. COMPLIANCE WITH TOTAL MAXIMUM DAILY LOAD REQUIREMENTS The Permit (Section S7) requirements apply if an applicable Total Maximum Daily Load (TMDL) is approved for stormwater discharges from MS4s owned or operated by the Permittee. Applicable TMDLs are TMDLs which have been approved by EPA on or before the issuance date of this Permit or prior to the date that Ecology issues coverage under this permit, whichever is later. A TMDL is a calculation of the maximum amount of a pollutant that a water body can receive and still safely meet water quality standards. The DOE determines the reduction of pollutant discharge needed to be compliant with water quality standards. A TMDL has not been established for the City of Tukwila at this time, consequently no action needed. City of Tukwila Stormwater Management Program Plan 11 of 13 March, 2015 `AI 8. MONITORING AND ASSESSMENT The Permit (Section S8) requires the City to: Notify DOE of its choice to independently conduct Status and Trends Monitoring and Effectiveness Studies, or participate by paying annually into the Regional Stormwater Monitoring Program (RSMP) that will be conducted by DOE. Pay into the RSMP to implement the Source Identification Information Repository (SIDR) element of the RSMP. Track and Document additional monitoring conducted and summarize in the 2014 Annual Report. 8.2 Current Activities The City of Tukwila has chosen to pay into the RSMP and have DOE conduct the Status and Trends Monitoring and Effectiveness Studies. In addition the Permit requires the City to pay into the RSMP to implement the SIDR element. 8.3 Planned Activities The City of" Tukwila met its payment obligation for August 15, 2014 through August 15., 2015. Payments into the RSMP will be made by August 15 of each following year for his Permit terry, City of Tukwila Stormwater Management Program Plan 12 of '13 March, 2015 PA On August 1, 2013, the City of Tukwila's new 5-year term NPDES Phase 11 permit went into effect and was modified January 16, 2014. This Surface Water Management Program Plan has been prepared to demonstrate compliance with the requirements of this current NPDES Phase 11 Permit. This SWMP Plan will be a working document with updates annually until the permit expires on July 31, 2018. LID and monitoring requirements are the significant changes to the new Permit. The City's Public Education and Outreach Program is an extension of the previous pen-nit term and will continue to grow with the planned activities. The City of Tukwila will continue to reach out and encourage public involvement and participation in the City's SWMP Plan with new and existing notification process already in place. The City's IDDE Program is in place, which includes a spill hotline, and will be reviewed periodically to ensure performance measures are met. The City implements the 2009 Surface Water Manual for controlling runoff from new development, redevelopment, and construction sites. Also, the C'ity will prepare to adopt LID measures which will be mandated by December 31, 2016. The City of Tukwila's Operations & Maintenance is very active in all areas of permit compliance. It should be noted; new maintenance standards are available in DOE's 2012 Stormwater Management Manual for Western Washington and must be adopted by December 31, 2016. Coordination efforts will continue with neighboring jurisdictions and be reviewed to determine where improvements are needed to remove jurisdictional barriers. Total Maximum Daily Load requirements in Tukwila have not been determined by DOE to date. However, the City will prepare for this requirement if and when it comes due. The City chose to participate in the RSMP collective fund and have DOE administer and conduct the Monitoring and Assessment for this Permit term. Additional information on the City's NPDES program can be found online at http://www.tukwilawa.goy/pubwks/npdes.html. The public is encouraged to participate in the development of the SWMP Plan. Please contact Greg Villanueva of the City of Tukwila's Public Works Department with questions, comments, or ideas at: Mail: Greg Villanueva, NPDES Coordinator Department of Public Works City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188-8548 Phone: 206-431-2442 Email: greg.villanuevagtukwilawa.gov Website: www.tukwilawa.goy/pubwkds.Lipdes.htlnI WAPW Eng\PROJECTS\A- DR Projects\NPDES Program (99341210)lAnnual Reports and Surface Water Management Programs\2015 SWMP\2015 Draft SWMP.doc City of Tukwila Stormwater Management Program Plan 13 of 13 March, 2015 23 Internal Coordination Attachment City internal coordination already exists and is initiated by Public Works Engineering Division integrating NPDES requirements into the City permit process. Coordination begins atthe pre-application stage whereas a Plan Review/Routing Slip, along with the pre-application package, is forwarded to various City departments including Fire, Police, Building, Planning and Public Works. Public Works engineering staff and the Phase 11 Permit representative meets weekly to provide plan review and comments to proposed private development projects within the City. Public Works projects are also reviewed by individual departments. Plans are distributed to various departments via a formal routing form for further review which includes site visits to determine site conditions. Included in coordination efforts is the City's Operations and Maintenance (O&M) whereas proposed project plans are routed for review and comments in relation to the City's stormwater conveyance system as well as all other functions of O&M. Internal coordination is ongoing and is improved upon when gaps are identified and or new information is available. Engineering Division has compiled the following list of key Department contacts to coordinate SWMP Plan components: City of Tukwila NPDES Permit Coordination Departments NPDES Contacts Permit Component Public Works Engineering NPDES Coordinator Greg Villanueva S1 S2 S3 S4 S5 S8 S9 Surface Water Ryan Larson S1 S2 S3 S4 S5 S8 S9 Operations and Maintenance PW Surface Water — Sewer John Howat, Pat Bradley S5.C.3 S5.C.4 S5.C.5 Facilities Maintenance Parks & Recreation Parks/Golf Maintenance Kris Kelly, Curt Chandler S5.C.3 S5.C.4 S5.C.5 Department of Community Development Planning Minnie Dhaliwal S5.C.4 Building Jerry Hight S5.C.3 S5.C.4 Code Enforcement As assigned S5.C.3 Fire Department Fire Marshal's Office Don Tomaso S5.C.3 S5.C.4 Mayor's Office City Administrator David Cline S1 S2 S3 S4 S5 S8 S9 City Attorney's Office Rachel Turpin S5.C.3 S5.C.4 24 Education and Outreach Efforts Attachment C The City of Tukwila has an active public educational and outreach program, regarding general impacts of stormwater on surface waters, using the following approaches and target audiences: • The City has an annual phone survey program which is used to measure the public's understanding to help guide the City's 5VVIVIP Plan and create and interest instonnwmLerquality. Survey's target automotive, property owners and restaurant businesses in which priority 1, 2 &3 issues are identified. Once identified, the City follows up with an inspection and education approach with these businesses. • An educational outreach is scheduled with local schools when curriculum openings are available with their science based classrooms. • A Variety of brochures are made available at entrances to key City departments targeting, residential automotive repair and restaurants. • The City provides a Backyard Wildlife Festival annually where an NPIDES booth is attended by stormwater staff and general impacts ofstormvvateron surface waters are discussed. • The City uses its NPIDES web page to post stormwater information, including videos and notices of upcoming events. AL this time videos are available in English and Spanish. • New to the City's education and outreach is Tukwila's government Channel 21 which was implemented as a tool to provide updates and information. ww Attachment ILA Measuring the Understanding and adoption of Targeted Behaviors The City conducts ongoing phone survey's to measure the public's knowledge and practices regarding stormnvv3terinthe city ofTukwila. In addition, the research assesses Tukwila businesses stOrnnxvater practices and behaviors. The City uses the research for stormwater planning as well as educational outreach to improve the target audience's understanding of the stornnxvaterimpacts. Furthermore, each survey is compared to the previous year's survey to analyze any statistical differences. This longitudinal analysis was used to identify trends and patterns that are occurring among the public's knowledge and practices ofstormnvvater. The following objectives are completed during the course of the survey: 1. Determined the overall public perception of the quality of surface water in Tukwila and compared it to the previous year' rating. 2. Identified Priority 1, priority 2 and Priority 3 issues for Tukwila residents. This helps to determine what perceptions, behaviors, and practices need the most attention as well as provide direction for an educational outreach program. 3. identified shifts and trends in Identified Priority 1, priority 2and Priority 3 issues that occurred from previous years. 4. Determined the public's knowledge of which agency to report an illicit discharge and compared it with previous years. 5. Identified Priority I, priority 2 and Priority 3 issues for restaurants, automotive businesses, and property owners/managers. The results of the survey determined that Priority 1 issues needed further attention. Appropriate educational materials were made available on the City's NPDES webpage and discussed with the public when possible. Am educational and outreach attempt was initiated in which case the next survey will determine the success of the City's effort K1. Summary of Actions Taken to Characterize Trace and Eliminate Illicit Discharge Timeline 2014 ILLICIT DISCHARGE, DETECTION & ELIMINATION Sheet 1 of 3 Attachment E DATE RECEIVED DATE RESPONDED LOCATION NAME RFA ERTS ILLICIT DISCHARGE ACTION TAKEN FINAL 02/I6/2014 02/26/2014 Multiple Tennant Warehouse 6540 S Glacier 647095 SSMH backed up & spilling on pavement Tukwila Sewer Dept responds, determined private property issue, instructed Todd Mappson/CBRE Mgmt to notify DOE, placed BMPS around SSMH & downstream cb, referred CBRE to Bravo Environmental for response Bravo respond same day, vacuumed SSMH, removed plugg & cleaned down stream cb. 3/3 Notified DOE. No further action 03/03/I014 03/29/I014 04/01/2014 S.87thp|0utfa|| Assumed as KCIA Outfall #2 East Marginal Way S 647786 Reported as brown chocolate sheen 4/2 In additon to ERTS narrative, site visit west side (left bank) no visible sheen most likely transiant. Unable to open cb/mh will need better traffic control. 4/3 opened up/down stream ob's curb lane south bound E Marginal structures dry and no sign of sheen. No further action 04/04/2014 04/17/2014 04/17/2014 1'5 Southbound Off Ramp & Interurban Ave S Southside of Shoulder 648183 Paint spill on shoulder of DOT off ramp. Raining and entering City catch basin. 4/17 City SW Dept onsite at 1:15pm, initiates spill respunoe. DOT arrives 3pm +- & places addl. kitty litter. 4/22 SW Dept removes spill response mat'l they placed, not sure if DOT will remove theirs. No further action by City. 04/22/I014 04/I4/2014 04/24/2014 Mizuki Japanese Buffet 17950 Southcenter Pkwy 648363 Grease & toiletries going down storm drain system. 4/24 Discovered by SW Dept. 4/25 SW Dept. onsite with Bravo Enviro. Vacuuming/jetting from SD S.C. Pkwy upstream total of 3 cb/mh's. GV leaves business card w/front desk for Manager to call. Investigation in process and confirmed coming from Mizuki as an illicit connection to storm. 4/28 Notified DOE. 5/9 Compliance letter sent. 6/11 Permit issued. 6/12 lIlict connection removed. 07/17/2014 05/05/2014 05/05/2014 1120 Andover Park East NA Reported as cleaning warehouse floor with hot soapy water and dumping it in City's drainage system. 5/5 Visited & inspected floor cleaning operation. Employee was dumping waste water outside of north bay door onto landscape area that was all rock no vegetation. Instruction given to dump into interior sanitary sewer system. Educated employee and Sanyay Chawla/owner of impact to Green R. if waste water is dumped in sd system. 5/8 no illicit discharge activities. No further action. 07/28/2014 r.) Summary of Actions Taken to Characterize Trace and Eliminate Illicit Discharge Timeline 2014 ILLICIT DISCHARGE, DETECTION & ELIMINATION Sheet 2 of 3 DATE RECEIVED DATE RESPONDED LOCATION NAME RFA ERTS ILLICIT DISCHARGE ACTION TAKEN FINAL 05/13/2014 05/13/2014 4930 S. 161st NA Oil leaking from truck 5/13 O &M places absorbant pads. Owner cleans up. No further action. 05/13/2014 06/06/2014 06/19/2014 Seattle Police Gun Firing Range 649243 Reported as low priority source control Concern was lead concentration. 6/14 Site visit to schedule Business & SD inspection.Referred to Sgt. Duane Hendrix. Scheduled 6/24 1:00 site inspection /Henrix. 6/24 Hendrix not at front office & office closed. 6/26 met with Officer Curt Wilson, received Environmental plan and walked site.7 /11 cb cleaning in process. No further action. 07/11/2014 07/15/2014 07/16/2014 10908 49th Ave 650167 Reported as likely sewage drain field leaking. 7/15 Mike C. /PW site visit.7 /16 City O &M locates discharge point & marks with green painted arrow. Referred to KCDOH. KCDOH determines non septic. No further action. 07/28/2014 07/28/2014 07/28/2014 8531 E Marginal Way S 650420 Reported while cutting back bank, found pocket of oil which seeped out down the bank and into river. 7/28 Contractor immediately stopped work and applied absorbent booms. 7/28 Greg V. /PW unable to access oil spill due to exclusion zone. Project is EPA regulated consequently no further action per EPA. 08/04/2014 08/13/2014 08/13/2014 300' north of 200th Ave S Tukwila South /Segale 650813 Reported as very muddy water leaving construction site and into cb's. Cb's are plugged and creating ponding. 8/13 No ponding found at cb's. 8/14 Met with Jessica Engel /DOE. Joint inspection construction limits.Will request cb's be cleaned. Jessica to send correction notice to M.Segale:tesc. 8/14 Meet with Scott M, Dave S. /PW and Jessica /DOE. Dave & Scott will talk to Mark Segale to have socks in mentioned cb's cleaned. Jessica to send correction notice to Mark Segale /Construction General Permit. 10/7 site visit shows considerable amount of grass growing on all disturbed areas. No further action. 10/07/2014 10/31/2014 S 133rd St & E Marginal Way S 652622 Reported as sudsy water in Southgate Creek. 10/31 Site visit confirms phosphate in creek water causing suds. Begin upstream investigation. Summary of Actions Taken to Characterize Trace and Eliminate Illicit Discharge Timeline 2014 ILLICIT DISCHARGE, DETECTION & ELIMINATION Sheet 3 of 3 DATE RECEIVED DATE RESPONDED LOCATION NAME RFA ERTS ILLICIT DISCHARGE ACTION TAKEN FINAL 10/31/I014 10/31/2014 42nd Ave. S. & SR 518 652654 SR 518 storm pipe separates from overpass drain causing significant erosion along east side of 42nd Ave. S bank and sediment entering Gilliam Creek. 10/31 Notified WSDOT. WSDOT maintenance on scene to respond. Install silt fence & straw bales. Removes sediment from pavement shoulder. Temp fix only. Joe Munoz/Sup. Indicates a permanent fix to follow. 12/3/14 City SD crew begins reshape damaged ditch due to silt and drainange impacting pedestrian path. 1/12/15 Ditch restoration completed. TESC in place. No further action. 01/22/2015 1I/31/2014 I2/31/2014 Walgreens 3716 S 144th St. 653867 Delivery trucks hydraulic line breaks and leaks 1 gallon fluid to cb Dipatched environmental contriactor for clean-up. 01/08/15 Site visit to confirm environmental clean up. Talked to Justin Hen|ey/VVa|greannPWanager who could not confirm clean-up 1/8 called Coca Cola 1800-647-2653, was to Malcomb Blair @ 1800-438-2653 left message to return call 1/20 no return call Called 1800-647-2653 and request to speak with someone regarding ERTS. Switch board will have someone call within two days.1/21 Received call from Kim/Coca Cola Corp. Office expect follow thru 2 -3 weeks. Field verified cb cleaned. No further action 03/26/20I5 Kill City of Tukwila Jim Haggerton, Mayor TO: Mayor Haggerton Utilities Committee FROM: Bob Giberson, Public Works Director 1-10 BY: Mike Cusick, Program Manager/Senior Engineer DATE: March 6, 2015 SUBJECT: Fort Dent Park BNSF Sewer Relocation Project No. 91530101 Consultant Agreement ISSUE Approve KPFF Consulting Engineers (KPFF), to perform engineering services for the Fort Dent Park BNSF Sewer Relocation. I: yixej xg; The sanitary sewer from Fort Dent Park is piped under the Burlington Northern Santa Fe (BNSF) railroad tracks to the King County Metro treatment plant in Renton. BNSF will be adding a third set of tracks through the Fort Dent Park area and is requiring that the existing sewer line be relocated. ANALYSIS City of Tukwila staff reviewed engineering firms listed on the Municipal Research and Services Center (MRSC) roster and short listed three firms. KPFF was chosen for the project. They have completed work for the City of Tukwila in the past and their work has been satisfactory. FISCAL IMPACT The scope of work is included on page 33 of the 2015 CIP and will be coming from the design and construction budget for the project. Consultant's 2015 CIP Agreement Fort Dent Budget Sewer Relocation Design $156,877.00 $500,000.00 1 -.1 *eel T, 117, 1 4g, I IT-,% i Lei z I Council is being asked to approve the agreement with KPFF Consulting Engineers for the design of the Fort Dent Park BNSF Sewer Relocation Project in the amount of $156,877.00 and consider this item on the Consent Agenda at the March 16, 2015 Regular Meeting. Attachments: page 33, 2015 CIP Consultant Agreement WAPW Eng\PROJECTS\A- PK ProjectsTort Dent Park BNSF Sewer Relocation (91530101)\Info Memo KPFF 03-06-15 - sb.docx 1951 CITY OFTUKW|LA CAPITAL PROJECT SUMMARY 2015 to %V%V PROJECT: Fort Dent Park Project Nos. 90330107 DESCRIPTION: Regional park of52 acres requires ongoing capital and maintenance improvements. The CUyhas assumed m�orpark mpainoand m�n�nanumfor �opicnic a�a.porNngkk.one soccer �US�|�|C&�|ON� � field, trail, pond and all major infrastructure. Funding listed in2015 through 2O2Ois for a phased approach Vu the remaining parking lot repairs in oo�unmhonwUhthe Annual Oveday& Repair Pmgmm.Apo�innnf the parking lot nvmdaywas oump|�ed STATUS: ' with parking tax dollars in 2011 and another portion in 2014. For 2015, $500k is designated for a potential BNSF Railroad sewer relocation. Replacement of the small play structure is listed for $250k in Beyond. MA|NT. IMPACT: Ongoing effort from all departments involved; Parks. 8treeto, Water, Sewer, and Surface Water. COMMENT' King County transferred Fo�Dent Park io the City of Tukwila in2003.Conceaoionaim agreement with ' Starfire Sports Complex. A new playground was installed in 2008 and restrooms were remodeled in 2010. FINANCIAL Through Estimated /in0000'm) 2013 2014 2015 2016 2017 2018 2o19 ouou BEYOND TOTAL EXPENSES Design 275 20 10 10 10 10 10 10 355 Const. Mgmt. 30 15 15 15 15 15 15 120 Construction 1,292 200 600 100 100 100 100 100 250 2,842 TOTAL EXPENSES 1,567 250 625 125 125 125 125 125 250 3,317 FUND SOURCES Awarded Grant 694 694 Parking Taxes 50 50 Mitigation Actual 0 Mitigation Expected 0 City Oper. Revenue 823 250 625 125 125 125 125 125 250 2,573 TOTAL SOURCES 1,567 250 625 125 125 125 125 125 250 31317 32 2015 -2020 capda Improvement Program 33 The review of qualifications were based on MSRC Rosters Fort Dent Park BNSF Sewer Relocation Qualification Review David RELEVANT PROJECT EXPERIENCE KPFF Evans HDR Rail Experience Design of Sanitary Sewers Surveying in House Utility Relocation Total out of 40 points MOTI M1 �FIRM RANKING -© Highest number of points is most qualified. Ranking: 1 = Best WAPW Eng\PROJECTS\A- WT Projects\Foster Golf Reclaimed Water (92-WT06)\Qualification Review.xlsxQualification Review.xlsx 33 L` ILA t • • • i1 Southcenter Boulevard, Tukwila WA 98188 CONSULTANT AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City ", and KPFF Consulting Engineers, hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Proiect Designation. The Consultant is retained by the City to perform Professional Engineering services in connection with the project titled Relocation of the Fort Dent Park Sanitary Sewer Force Main under the BNSF Railroad Tracks. 2. Scone of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including -the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement: Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending March 31, 2016, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than March 31, 2.016 unless an extension of such time is granted in writing by the City. 4. Payment. The' Consultant shall be� paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $156,877.00 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 34 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement n 7. Indemnification. The Consultant shall defend, indemnify and hold the City,/ its officers, officials, employees and volunteers harmless from any and all claims, inj ies, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive.the expiration or termination of this Agreement. S. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office-(ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. CA revised: 1 -2013 Page 2 35 2. Commercial General Liabilitv insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability with limits no less . than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain,, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than AXII. D. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited, to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant to' maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Inidependent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the 'relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. CA revised: 1 -2013 Page 3 36 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise "recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non- Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at .any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City; if the City so chooses. 15. Applicable Law; Venue; Attornev's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local.laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court.' 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. CA revised: 1 -2013 Page 4 37 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Soutlicenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: KPFF Consulting Engineers 1601 Fifth Avenue Suite 1600 Seattle, WA 98101 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. DATED this day of CITY OF TUKWILA Mayor, Jim Haggerton Attest/Authenticated: City Clerk, Christy O'Flaherty CONSULTANT B Printed Name: Title: IJ IAJCi r WTRIIZ��� r,� Office of the City Attorney CA revised: 1-2013 Page 5 38 City of Tukwila Sanitary Sewer Force Main Relocation Scope of Work (Revised) EXHIBIT A SCOPE • WORK S4 I Task 1.00 — Project Management Subtask 1.01 Project Administration Project administration services will include conducting meetings, monitoring work, collecting information from the design team and preparing monthly reports. Subtask 1.02 City Coordination Meetings There will be bi-weekly meetings between KPFF and the City. Individual team members will be required to attend these meeting when their input is required. Subtask 1.03 Team Coordination Meetings KPFF will schedule, plan and lead periodic project meetings for each major phase of the work and will prepare and maintain meeting minutes. Subtask 1.04 Subconsultant Management & Coordination If requested, KPFF will manage subconsultants on this contract (see Task 10 Miscellaneous Studies). Subtask 1.05 Quality Assurance KPFF will provide the City with Plans, Specifications and Estimates (PS&E) documents to review at 30%, 60%, and 90% completion. The City will send the PS&E to stakeholders and will collect/compile stakeholder review comments in conjunction with the City review. Subtask 1.06 Preliminary BNSF — Right of Entry Approval It will be required to obtain a Right-of-Entry from BNSF for the survey and utility pot-holing tasks. We will prepare one sketch locating the area to be surveyed, highlighting the proposed sewer reroute location and meet with BNSF to discuss the project and to gain right-of-entry. We will also discuss future BNSF work and their design and construction constraints for the sewer crossing design. Task 2.00 — Survey This task includes work related to conducting a boundary and topographic survey, preparing a survey base map for design and preparing a preliminary sewer easement. A utility locate service and ground penetrating radarservices will be utilized. This work will be shown as a reimbursable expense. In addition, utilities will be pot-holed to confirm depth and location. Work also includes coordination with authorities including: utility providers, King County Metro, Starfire Sports complex, BNSF Railway. Subtask 2.01 Survey and Base Mapping Field work and base mapping will be performed. Preliminary easements will be prepared. See Task 9 for final easements and record survey work. Subtask 2.02 Utility Locates & Potholing Services KPFF will arrange and coordinate utility locates, and potholing services. 03/03/15 EXHIBIT A 19TV1 City of Tukwila Sanitary Sewer Force Main Relocation Scope of Work (Revised) Subtask 2.03 Ground Penetrating Radar KPFF will arrange and coordinate ground penetrating radar services. 2.04 BNSF Permit and Flagger KPFF will arrange and coordinate the BNSF track access permit and flagger. 2.05 Preliminary Easements Prepare preliminary easement exhibit and description for relocated sanitary sewer. The final easement and recording will be performed under Task 9. Task 2.1 — Geotechnical Engineering I Geotechnical Engineering will be provided by HWA Geosciences. See the enclosed proposal from HWA regarding their scope of work. HWA will arrange and coordinate with BNSF flagger, permitting, and drilling provider. Task 2.20 — Environmental Services I Environmental services will be provided by Clearway Environmental. See the enclosed proposal from Clearway regarding their scope of work. I Task 3 — Stakeholder Support Subtask 3.1 BNSF Coordination KPFF will support the City of Tukwila in coordination efforts in coordinating this project with the BNSF Railway. KPFF will prepare technical documents and will, when requested, attend coordination meetings arranged by the City. Subtask 3.2 Agency Coordination and Meetings KPFF will support the City of Tukwila in coordinating this project with affected or interested public agencies. KPFF will prepare technical documents and will, when requested, attend coordination meetings by the City with public agencies having interests in this project. KPFF will prepare and keep meeting minutes for each meeting. Subtask 3.4 Permit/Agreement Support KPFF will support the City of Tukwila with the project permitting for the Sanitary Sewer Replacement project. KPFF will support the City staff with coordination with utility companies and agencies having jurisdiction. KPFF will prepare technical material including drawings, specifications and reports for application for permits and agreements. It is assumed that any soil contamination and hazardous materials on the site will be abated and remediated by other authorized agents working for the City of Tukwila. The selected contractor will obtain all construction permits, other than required documentation for the sewer construction permit. The contractor will obtain all permits for disposal for soil and demolition debris. KPFF will support the City in obtaining the following permits and agreements: 03/03/15 Type C (Infrastructure and Grading Permit on Private Property and City Right-of-Way and disturbance of City Right-of-Way) BNSF Right-of-Entry for survey work and potholing Page 2 EXHIBIT A Elie] City of Tukwila Sanitary Sewer Force Main Relocation Scope of Work (Revised) • Utility Permits • Easements We anticipate this project will need a SEPA checklist and/or a Shoreline Exemption approval depending if it is within 200-ft shoreline buffer of the Green River. We will assist the City by providing discipline specific write-ups for the SEPA checklist. This includes stormwater (KPFF), soils (by HWA) and environmental (Clearway) sections. Subtask 3.5 Preliminary Storm Drainage Analyses A preliminary storm drainage analysis will be prepared to determine if mitigation will be required. I Task 4 — Preliminary Design Development (0-30%) 1 Subtask 4.0 Establish Design Criteria - Memo Design criteria will be established for the sanitary sewer relocation based on City and stakeholder criteria. Constructability issues associated with a jack and bore pipe installation method or directional drilling will be determined. A performance specification for the installation will be provided in the construction documents. Subtask 4.1 Preliminary Concept Plans KPFF will prepare preliminary level drawings for the project per City of Tukwila drafting standards. Drawings will include all basic dimensions and features. These drawings will not include details. Subtask 4.1 Outline Specifications and Cost Estimate Technical specifications will be prepared in an outline format using the WSDOT standard specifications format. KPFF will provide an estimate of probable construction cost based on the preliminary drawings and specifications. The factors that generate the final burdened cost will be presented, including escalation, mobilization, contractors' overhead and profit. Subtask 4.4 Preliminary Design Submittal Review (2 week period) City of Tukwila will review the preliminary design submittal. A period of two weeks will be allotted for this review. I Task 5 — Progress Design Submittal (60% Complete) I Subtask 5.1 Progress Plans, Specs & Cost Estimate • KPFF will provide progress level drawings of the project, incorporating review comments from the previous submittal. 03/03/15 General conditions and technical specifications will be prepared in standard WSDOT format. o The City will provide the general conditions Divisions 0 and 1 for these specifications. KPFF shall provide input to the City on the general conditions with respect to Bid form or similar information required by the City of Tukwila. Am EXHIBIT A E111 City of Tukwila Sanitary Sewer Force Main Relocation Scope of Work (Revised) KPFF will provide an estimate of probable construction cost based on the progress drawings and specifications. o This cost estimate will be based on quantity takeoffs from the progress drawings and materials contained in the technical specifications. The factors that generate the final burdened cost will be verified at this point in time. Design and construction contingencies for each remaining level of design documentation completion (60%, 90% and 100%) will be proposed. Subtask 5.2 Progress Submittal Review (2 week period) City of Tukwila will review the preliminary design submittal. A period of two weeks will be allotted for this review. KPFF will answer questions and provide written clarifications of aspects of the design to the City during this period. I Task 6 — Complete Design Submittal (90% Complete) I The documents generated at this phase of design will be the Construction Permit documents for the project. Subtask 6.1 Complete Progress Plans, Specifications and Cost Estimate • KPFF will provide drawings for all elements of the project, incorporating review comments from the previous submittal. General conditions and technical specifications will be prepared in standard WSDOT format. These specifications constitute complete contract specifications. • KPFF will provide an estimate of probable construction cost based on the complete drawings and specifications. Subtask 6.2 Construction Permit Submittal (2 week period) City of Tukwila and other approval/permitting agencies will review the design submittal for permit issuance. A period of two weeks will be allotted for this review. Subtask 6.3 Final Storm Drainage Report KPFF will finalize all drainage calculations required to permit the project and to validate any design aspects of the project. Subtask 6.4 Complete Design Submittal Review (4 week period) City of Tukwila will review the preliminary design submittal. A period of four weeks will be allotted for this review. Task 700 — Final Design Submittal (100% Complete) The design will be as represented in the complete level design documents. The documents generated at this phase of design will be the Bid documents for the project. Subtask 7.1 Final Construction Permit Submittal (2 week period) City of Tukwila and other approval/permitting agencies will review the final design submittal for permit issuance. A period of two weeks will be allotted for this review. Subtask 7.2 Final PS&E for Bid • KPFF will provide final drawings for all elements of the project. 03/03/15 Page 4 EXHIBIT 04 City of Tukwila Sanitary Sewer Force Main Relocation Scope of Work (Revised) General conditions and technical specifications will be prepared in standard WSDOT format and they constitute final contract documents. These specifications are edited and coordinated with the final drawings. Subtask 7.3 Final Reports and Calculations KPFF will provide all reports and calculations required to permit and bid the project. Subtask 7.4 Projected Construction Schedule (CPM format) KPFF will provide an estimated Critical Path Method (CPM) format construction schedule for the project. Task 8 — Contract Biddina Assistance Subtask 8.1 Respond to Bidder Questions KPFF will assist the City of Tukwila in making responses to bidder's questions regarding the bid documents. Circulation of written clarification to all bidders is done by the City. Subtask 8.2 Pre-Bid Conference, Site Visit, Bid Opening KPFF will attend one pre bid conference and one pre bid site visit that is arranged and run by the City of Tukwila and assist the City in answering prospective bidder's questions regarding the bid documents. Subtask 8.3 Assist in Bid Evaluation KPFF will assist the City in evaluating the bids for the project. KPFF will not perform reference or financial checks on contractors nor will KPFF assist in determining bonding or financial/legal background of the bidders. I Task 9 — Construction Assistance Subtask 9.1 Construction Observation and Field Reports Not included. Subtask 9.2 RFI Response KPFF will assist the City in making responses to the Contractor's "Request for Information" questions regarding the construction documents. These responses will include interpretation and clarifications of the construction documents as required. We assume 4 RFI responses. Subtask 9.3 Submittal Review KPFF will review technical submittals including shop drawings; product cut sheets, materials certifications and similar information provided by the contractor to confirm their conformance with the project drawings and specifications. We will review 2 submittals. Subtask 9.4 As-built Plans Not included. Subtask 9.5 Final Easements KPFF will produce a final easement exhibits for the relocated sanitary sewer at the completion of construction based on the contractor's red-marked drawing set made during construction. KPFF will assist the City with recording the easement. Drawings will not be revised and 03/03/15 Page 5 EXHIBIT A 43 City ofTukwila Sanitary Sewer Force Main Relocation Scope of Work (Revised) released on an intermittent basis during construction to reflect changes made during construction. Deliverables are expected to be exhibit map depicting the new sewer line and a description of the new line per the installed |DC8UOD. City staff will be responsible for recording of the easement documents. I Task 10 — Miscellaneous Studies I If the City chooses, KpFF can add the following services to our team and provide assistance for studies as directed by City. Subtmmk18Environmental Documentation and Permitting EnVinDODleOt@| 8S8iG[8DDB to prepare a ShOneUO8 EXeDlDtiOD @pp|iC@iOn will be provided by Clearway EOvinOOrDeOt@i doCUDleOt@bOD is not included in this scope of work at this time. KPFF can provide assistance for studies as directed by the City of Tukwila. EXHIBIT 44 Project Cost Estimate Tukwila Sewer Force Main Relocation Tukwila, Washington Prepared for KPFF Scope of Work 1.) Prepare BNSF permit for geotechnical explorations and submit to BNSF. 2.) Visit site to mark borehole locations during locates provided by KPFF. 3.) Drill 2 exploratory boreholes. One borehole will be located east of the BNSF tracks and one borehole will be located near the existing pump station at the southeast corner of the Starfire Sports Complex. We anticipate borehole depths of 40 to 50 feet each. Boreholes will be backfilled per DOE. 4.) Perform laboratory testing on soil samples obtained from the boreholes. Lab testing to include grain size analyses, Atterberg limits (if appropriate), direct shear testing, triaxial shear strength testing, and consolidation testing. 5.) Perform engineering analyses using the results of the exploration program and lab testing to develop recommendations for bore and jack beneath the BNSF railroad tracks. We will provide recommendations for jacking and receiving pits, dewatering, excavations, temporary shoring, and bore and jack operations. 6.) Prepare a draft geotechnical engineering report. This report will be finalized upon receipt of review comments from the design team. 7.) Provide project management and communication with the design team and BNSF. H1'AGEOSCIENCES INC EXHIBIT A HWA Ref: 2015 -017 Date: 6- Feb -15 Prepared By: BKH ESTIMATED HWA LABOR: WORK TASK DESCRIPTION PERSONNEL & 2015 HOURLY RATES Total Cost Principal $72.00 Sr Engr. $50.96 Engr. V ■ Engr. II Geol. II $49.52 $27.88 j $23.50 CAD Clerical $22.07 $20.82 TOTAL HOURS TOTAL AMOUNT Project Setup 1 $510 2 Triaxial (c -u) 3 Points 2 1 $1,350 2 $102 Prepare & Submit BNSF Permit $600 2 4 6 $196 Mark Boreholes during Utility Locates 8 8 $408 Perform Borehole Explorations 4 16 j 20 $580 Generate Borehole Logs & Assign Lab Testing 2 4 6 $196 Engineering Analyses 4 8 12 24 48 $1,959 Prepare Draft Geotechnical Report 2 12 16 4 4 38 $1,384 Finalize Geotechnical Report 2 4 2 2 10 $434 Review Plans and Specifications 4 8 12 $696 Consultation / Project Management 8 8 $408 TOTAL LABOR CHARGES: LABORATORY TEST SUMMARY: 12 58 Test Est. No. Unit Tests Cost Total Cost Grain Size Distribution 8 j $95 $760 Atterberg Limits 4 $155 $620 Direct Shear (3 Points) 1 $510 $510 Triaxial (c -u) 3 Points 2 1 $1,350 $2,700 Consolidation 1 1 $600 $600 TORY TOTAL: 5,190 12 40 28 6 2 ESTIMATED DIRECT EXPENSES: 158 $6,361 Mileage a $0.575/mi BNSF Permit Fee Driller Fee BNSF Flagger (Assumes 1 day) Laboratory Testing TOTAL DIRECT EXPENSES: PROJECT TOTALS AND SUMMARY: $150 $750 $8,000 $1,500 $5,190 $15,590 Direct Salary Costs Overhead at 175% of DSC Fee `ci 30% of DSC Direct Expenses GRAND TOTAL: Tukwila Sewer Force Main Cost Estimate 02 -06 -15 $6,361 $11,132 $1,908 $15.590 $34,992 EXHIBIT A Assumed Conditions: 1. All costs are estimated, and may be increased or decreased within the limits of the total budget at the discretion of HWA's project manager. 2. No private utility locate will be required and we will mark our explorations during locate provided by KPFF. 3. This scope does not include costs for disposing of contaminated soils. If contaminated soils are identified during our explorations, additional fees will be needed for disposal of the materials. 4. The scope of work is related solely to geotechnical and pavement engineering evaluation of site soil and ground water. Neither identification nor evaluation of contaminants that may be present in the soil or ground water is included in this scope of work. Tukwila Sewer Force Main Cost Estimate 02 -06 -15 • 0 AM! LLTY ARM I W� February 9, 2015 Carol Pennie KPFF Consulting Engineers 1601 Fifth Avenue, Suite 1600 Seattle, WA 98101 Subject: City of Tukwila Sewer Force Main Relocation Project Scope and Fee Proposal Dear Carol: Thanks for the opportunity to provide this proposal for environmental services for the proposed sewer relocation project. This proposal is based on our discussions and e- mails on February 6, 2015. The City of Tukwila is planning to relocate a section of sewer force main adjacent to the Green River along the southern edge of the Starfire Soccer Complex. Scope of Work Our scope of work includes the services shown below: Field Work Field reconnaissance to delineate the ordinary high water mark of the Green River and any associated wetlands. This includes two days onsite for a team of two. The ordinary high water mark and edge of any associated wetlands will be marked with labeled flags or stakes. A hand-drawn map will be provided to show approximate locations of flags or stakes so they may be easily located by others for surveying. Survey KPFF will survey the flagged areas. Clearway Environmental will provide KPFF with the setbacks/buffer requirements. KPFF will provide an electronic basemap, showing the delineation and setbacks/buffer. Permitting Clearway Environmental will provide a summary of environmental permits required based on the results of the field work and survey. Clearway Environmental understands that the City assumes the environmental permitting will be limited to a 500213th Ave. South I Seattle, WA 98108 (206) 409-1862 1 chaddurand@clearwayenv.com 47 SEPA checklist, however, the permitting summary will bc based uo our own knowledge and research. If requested, Clearway Environmental will also obtain ashoreline exemption. This is anticipated to require sixteen hours for coordination wiLhKPFF an dCity ufTukwila during development ofthe shoreline exemption application. This includes coordination with KPFF on specific construction actions and with the City of Tukwila on the shoreline exemption justification requirements of their permitting department. This eatbnohe assumes figures for the shoreline exemption application, if required, will be provided by I{PFF and would likely include uviobnibr ouop and u drawing showing construction limits within the Green River octbadca/bmffcr. This scope does not include obtaining any additional permits (beyond oshoreline exemption) that are determined to be required ma part o[ the permitting summary. Fee We propose to perform the field work, survey, and permitting summary services for a total cost nf$5,O4O.00. If requested, we propose ho obtain ashoreline exemption fora total additional cost nf$724O.00. Please see the enclosed spreadsheet for abreakdown of costs bytask. Schedule We are available toperform the fieldwork and survey tasks within one oz two weeks of request. \4\e are able bobegin the permitting tasks when vve receive the drawing showing construction limits and setbacks/butfer. B you have any questions, please call moat206-4O9-l862. Chad Durand, P.E. Principal Enclosures 48 Fee Proposal Clear_ ate/ Environmental/ Prime: KPFF City of Tukwila Sewer Force Main Relocation Project - Fieldwork, Survey, and Permitting Task Total Labor I Reimb. I Subconsultant I Subtotal Hours Cost I Reimb. I Cost lw/Markupl Cost 1 Field Work 32 $ 4,480 $ - $ - $ - $ 4,480 2 Survey 2 $ 280 $ 280 3 Permitting Summary 2 $ 280 $ - $ - $ - $ 280 Total Project Hours and Costs (Tasks 1 to 3) 36 $ 5,040.00 $ - $ - $ - $ 5,040.00 1 4 Obtain Shoreline Exemption (Additional) 16 $ 2,240 $ 2,240 1 EI N :7�] City of Tukwila Jim Haggerton, Mayor TO: Mayor Haggerton Utilities Committee FROM: Bob Giberson, Public Works Director'm BY: Michael Cusick, P'E-, Senior Program Manager DATE: March 6, 2015 SUBJECT: Interurban Water Reuse Project No. 99240106 Reclaimed Water Service & Use Agreement with Starfire Sports ISSUE Update the end-user agreement with Starfire Sports for their use of reclaimed water for i[hg8iiOD. Starfire is seeking to renew the 2009 agreement between the City of Tukwila and King County that expired On August 25.2O14 for the use Of reclaimed water for the irrigation Of the soccer fields 8t Fort Dent Park. King County must have end user agreements iO place iOensure :O0Op|i@DCe with their State (]8pGrtDl8DL Of ECO|OgV permit for the distribution Of [8C|8i[Ded Vv8i8[. Tukwila conveys the reclaimed water and oversees the metering and billing. ANALYSIS Cascade Water Alliance endorses and encourages Tukwila iO utilize supplemental sources which serves to |eSS8D the iDnD8Ct OO developing new water sources. R8C|8iDl8d VV8L8[ is now G key part OfTUkVV|8's Comprehensive Water Plan tO help meet supply and conservation goals required as part Of the Municipal Water Law. The attached end-user agreement with St8rfi[Hwill allow the CODbDued use Of [8C|8iDl8d water for i[[ig81iOD at Fort [>8DL Park. FISCAL IMPACT There will be no fiscal impact [othe City as the rate for reclaimed water will remain at OU% of the most current potable water rates. RECOMMENDATION The Council is being asked to approve and endorse the Reclaimed Water Service and Use Area Agreement with St8rfiPe GpOMS, TUkvV|8, and N]Dg COUOtv and consider this item OD the Consent Agenda 8t the March 10,2O15 Regular meeting. Attachments: Reclaimed Water Service & Use Agreement v�Eng\PROJECTS�A- WT ProjectsToster Golf Reclaimed Water (92-WT06)\Info Memo StarfimReclaimed Water Ag UC 03-06-15 m.docx 51 RECLAIMED WATER SERVICE AND USE AREA AGREEMENT BETWEEN STARFIRE SPORTS, CITY OF TUKWILA, AND KING COUNTY This Reclaimed Water Service and Use Area Agreement ("Agreement") is made and entered into this _ day of , 2015, between Starfire Sports, a Washington non-profit corporation ("Starfire"), the City of Tukwila, a Washington municipal corporation (the "City") and King County, a political subdivision of the State of Washington (the "County") together referred to as the "Parties." 1.0 RECITALS 1.1 Washington State law encourages the use of reclaimed water "to replace potable water in nonpotable applications, to supplement existing surface and groundwater supplies, and to assist in meeting the future water needs of the State"; and 1.2 King County has authority to produce and distribute reclaimed water in accordance with Reclaimed Water Permit Number ST-7445 issued by the State Department of Ecology on September 30, 2009, as amended or modified from time to time (the "County Permit"); and 1.3 King County and the City entered into an Agreement for the Sale and Distribution of Reclaimed Water dated September 11, 2008; and 1.4 The City and Starfire entered into an Agreement on March 1, 2003, to operate as a ground and use concession and licenses granting Starfire the exclusive right to develop, construct and operate facilities at the Fort Dent Regional Park located at 6800 Fort Dent Way, Tukwila, Washington (the "Park"); and 1.5 The City, the County, and Starfire entered into a Reclaimed Water Service and Use Area Agreement on August 25, 2009, which agreement authorized the purchase of reclaimed water by Starfire for a soccer field and landscaping area within the Park. That agreement expired on August 25, 2014; and 1.6 Starfire desires to purchase reclaimed water for the purposes described in Exhibit C at the location depicted on Exhibit A, hereinafter referred to as the "Use Location"; and 1.7 The use of reclaimed water for irrigation and other uses are regulated by the Permit, state and local laws, regulations and standards governing the delivery and use of Class A Reclaimed Water. NOW, THEREFORE, in consideration of the recitals and the mutual promises and covenants contained herein, the County and City agree to supply reclaimed water and Starfire agrees to purchase reclaimed water on the following terms and conditions: Starfire Sports Reclaimed Water Service and Use Area Agreement M 2.0 SUPPLY AND SALE OF RECLAIMED WATER 2.1 The County and the City agree to deliver Class A Reclaimed Water (as defined in Exhibit B) to Starfire for use in the Use Location, The County and City make no other representation concerning the quality of the reclaimed water and make no express or implied warranties whatsoever. 2.2 The County and the City will deliver Class A Reclaimed Water for use by Starfire in the Use Location up to the maximum flow rate and pressure range specified in Exhibit C. 2.3 The County and the City will deliver Class A Reclaimed Water to Starfire through the conveyance system which connects to the Park's irrigation system for the Use Location. The City has installed and will maintain a reclaimed water meter on the outlet side of the conveyance system, to provide accurate measurement of the quantity of reclaimed water supplied to Starfire. Reclaimed water will be available for use during the time periods identified in Exhibit C. 2.4 In the event of a natural disaster, fire, storm, flood, earthquake or similar occurrence, an order by a regulatory body or court, the need for emergency repairs or other necessary work, or whenever the public health or safety so demands, the County and the City may change,, reduce or limit the time for or temporarily discontinue the supply of Class A Reclaimed Water to Starfire. Before so changing, reducing, limiting or discontinuing the supply of Class A Reclaimed Water to Starfire, the County shall, insofar as practicable, notify Starfire and the City. The County and the City shall not be responsible for any damage resulting from interruption or change of the Class A Reclaimed Water supply, or for any damages incurred by Starfire arising out of the use or transportation of the Class A Reclaimed Water. In the event that the County and/or City cannot deliver Class A Reclaimed Water to the Use Location, through no fault of Starfire, for a period exceeding forty- eight continuous hours, then the City will provide a back-up water source only to the extent needed to irrigate the Use Location (not to exceed the maximum quantity or flow rate specified in Exhibit C) and only up to a maximum of ninety (90) days. If the inability to deliver Class A Reclaimed Water is due to the actions, omissions or willful conduct of Starfire, its representatives, agents, employees or volunteers then the obligation, stated herein, to provide a back-up water source shall not be triggered. In the event that the County and/or City cannot deliver Class A Reclaimed Water to the Use Location for more than ninety (90) days for any reason or for no reason, then the County and City may terminate this agreement and shall be under no further obligation to provide Class A Reclaimed Water or a back-up water source under this Agreement. If after ninety (90) days Class A Reclaimed Water Starfire Sports Reclaimed Water Service and Use Area Agreement N 53 is still not available and this agreement is terminated as allowed above, the City will disconnect the reclaimed water line and connect the irrigation system previously served by reclaimed water to potable water service. Any modification requiring a change in the meter size or the existing pipe connection size will be the responsibility of Starfire. Starfire shall be solely responsible for paying all potable water use charges at potable water rates. 3.0 RESTRICTIONS ON USE OF RECLAIMED WATER 3.1 Subject to the terms and conditions of this Agreement, Starfire may use the Class A Reclaimed Water only on the Use Location and only for the irrigation of the soccer field and landscaping area within the Use Location identified on Exhibit A. Starfire's use of the Class A Reclaimed Water shall conform to all requirements of the Reclamation Criteria in Exhibit B 3,2 Starfire shall not sell, transfer, gift or convey the reclaimed water to any person or party. 3.3 Starfire shall not discharge or release or allow the discharge or release of reclaimed water to any surface water body or stormwater collection or conveyance facility from the Use Location. 3.4 Starfire shall irrigate the soccer field at agronomic rates and minimize underdrain flow to the stormwater pond, reduce ponding, runoff, overspray, and groundwater infiltration. 3.5 The public and employees shall be notified of the use of reclaimed water at all use areas. Starfire shall post advisory signs at the Use Location in plain view. 3.6 Starfire shall ensure that its irrigation system is in good working order, maintained regularly and kept free of leaks. Starfire shall further ensure that its irrigation controllers are set so that reclaimed water is applied appropriately to the landscape, to avoid excessive ponding or runoff of water. Sprinkler heads should be adjusted as necessary to avoid application of water to impervious surfaces. Reclaimed water, including runoff and spray, shall be confined to the designated Use Location in accordance with this Agreement. 3.7 Starfire shall ensure that there are no cross connections of potable water and reclaimed water or reclaimed water and sewage. Starfire shall install appropriate cross connection control devices on all potable water lines (if any) in the Use Location in accordance with the State Water Reclamation and Reuse Standards, 3.8 Starfire shall ensure that all reclaimed water piping, valves, outlets and other appurtenances are color-coded purple or otherwise tagged or marked to identify the source of the water as being reclaimed water and not intended for drinking. Starfire Sports Reclaimed Water Service and Use Area Agreement 54 3.9 If Starfire desires to modify or extend the irrigation system it must, prior to any work, submit plans for such modifications or extensions to the City and the County for their review and approval prior to commencement of construction. The City and/or the County may deny said plans at their sole discretion. 3.10 Starfire shall ensure that there are no cross connections with any potable water systems, including hose bibbs. 3.11 Starfire shall ensure that no hose bibbs are in place for reclaimed water. Quick connection stations may be allowed in the future if approved as outlined in Section 3.14. 3.12 Starfire shall ensure that all employees, members, or volunteers using reclaimed water have completed training in the requirements for appropriate use of the reclaimed water provided by King County and/or the City. Starfire shall ensure that all reclaimed water valves and outlets are of a type, or secured in a manner, that permits operation only by personnel trained. 3.13 Starfire shall not irrigate with reclaimed water when the ground is saturated, frozen, or during rain events. Precautions shall be taken to assure that reclaimed water or reclaimed water mist shall not be sprayed on people, any facility, or area not designated as the Use Location. 3.14 If Starfire is not in breach of any term or condition of this Agreement and if the City concurs, then Starfire may, during the term of this Agreement, propose a modification to the reclaimed water uses and/or to the Use Location described in Exhibits A and C of this Agreement, by submitting to the County a written request for modification of reclaimed water use and/or of the Use Location, setting forth a description of the proposed modification, the purpose of the modification, and the proposed quantity, flow rate, and desired availability of Class A Reclaimed Water requested for the proposed modification. The County will review the Request for Modification of Reclaimed Water Use and/or Use Location and either approve or deny the request, The County's decision to approve or deny the request for Modification of Reclaimed Water Use and/or Use Location shall be in the County's sole and absolute discretion. King County is the Reclaimed Water Permit holder and must comply with the terms and conditions of the State-issued permit, which includes approved uses and use locations. Starfire shall not use reclaimed water for uses or in Use Locations except as identified in Exhibits A and C without the prior written approval of the County which approval may be withheld in the County's sole and absolute discretion. For purposes of this paragraph the City shall acknowledge its concurrence in Starfire's proposed request for modification to the reclaimed water uses and/or to the Use Location by submitting a written notice of concurrence, signed by the City Administrator or his or her authorized designee. City Council action shall not be required to effect a modification under this Section 3.14. Starfire Sports Reclaimed Water Service and Use Area Agreement 4 If the County approves the proposed modification of reclaimed water use and/or Use Location, then the County shall revise Exhibits A and C to this Agreement to reflect the approved modification to reclaimed water use and /or Use Location (the "Revised Reclaimed Water Use" or "Revised Use Area" ") and shall send the revised Exhibits A and C to the Parties at the addresses set forth in Section 11 below. The Revised Reclaimed Water Use and /or Revised. Use Location shall become effective on the date of the County's transmittal of the revised exhibits. Starfire shall bear any and all costs associated with any and all requests for modification of the Reclaimed Water Use or Use Location. The County is, and shall be, under no obligation, directly or indirectly, to pay for any labor, material, or improvements associated with any change in reclaimed water use. 4.0 RIGHT OF ENTRYANSPECTION Representatives from the Departments of Health and Ecology, Ding County, and /or the City shall have authority to regulate distribution, enter and inspect the Park and Use Location and to terminate service of reclaimed water for any violation of the Washington State Water Reclamation and Reuse Standards, the Permit, or any term or condition in this Agreement. Starfire hereby grants the City and the County and their duly authorized employees, agents, representatives and contractors, reasonable access to the Park and the Use Location, for any such purpose including, but not limited to, meter reading, cross connection control inspections and verification of reclaimed water use, use patterns, and signage.. 5.0 PRICE OF RECLAIMED WATER 5.1 During the term of this Agreement, Starfire shall pay the City an agreed upon rate identified in Exhibit D for the volume measured at the reclaimed water meter. 5.2 The price charged by the City for the use of the reclaimed water may change as the cost of providing the reclaimed water changes. 5.3 The City shall bill Starfire on a monthly basis and Starfire shall pay the amount due based upon the metered flow and said price. 5.4 In the event of non- payment for sixty (60) days after mailing of invoice, the City and /or the County may disconnect Starfire's irrigation system and stop delivery of Class A Reclaimed Water to the Use Location. This remedy is in addition to all other remedies. 5.5 Starfire shall provide to the County and the City all requested documentation and records, including, but not limited to, reclaimed water use quantities, methods of application, irrigation schedules, details of installed infrastructure, and other information required by the County as part of the County's annual regulatory reporting and five year permit submittal process. Starfire Sports Reclaimed Water Service and Use Area Agreement Al 6.0 WATER RIGHTS No water right is created by this Agreement. 7.0 COMPLIANCE WITH LAWS GOVERNING RECLAIMED WATER 7.1 Starfire agrees that it will comply with all applicable federal, state and local laws, regulations and standards governing the use of Class A Reclaimed Water. 7.2 Starfire's use of Class A Reclaimed Water must meet all applicable requirements contained in the Reclamation Criteria in Exhibit B. 7.3 A violation of these terms and conditions or of State standards and regulations may result in termination of Class A Reclaimed Water service under this Agreement. 8.0 INDEMNIFICATION To the maximum extent permitted by law, Starfire shall hold harmless, indemnify and defend the City and King County from any claims, suits, actions, losses, penalties, judgments, and awards for damages of any kind arising out of or in connection with the use of Class A Reclaimed Water provided under this Agreement, except to the extent arising out of the negligence or other fault of the City and/or King County. Starfire agrees that its obligation under this section extends to any claim, demand, and or cause of action brought by or on behalf of any of its employees, or agents. For this purpose, Starfire, by mutual negotiation, hereby waives, as respects the The City and King County, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW of the State of Washington. The foregoing duty is specifically and expressly intended to constitute a waiver of Starfire's immunity under Washington's Industrial Insurance Act, RCW Title 51. 9.0 TERMINATION This Agreement may be terminated immediately for cause, including but not limited to non-payment of water charges or a violation of the requirements described in Sections 3 and 7 of this Agreement. This Agreement may also be terminated upon thirty (30) days written notice by the County if the County cannot deliver Class A Reclaimed Water to the Use Location for more than ninety (90) days as described in Section 2.4 of this Agreement. Starfire Sports Reclaimed Water Service and Use Area Agreement Co 10.0 TERM OF AGREEMENT The term of this Agreement shall commence on the date of execution by the Parties and continue, subject to the terms and conditions hereof, for a term of 5 years, unless terminated earlier as allowed herein, 11.0 NOTICES Any notices required or authorized herein shall be in writing and shall be deemed to have been duly given if delivered personally, sent by nationally recognized overnight delivery service, or sent by registered or certified mail if mailed or deposited in the United States mail, return receipt requested, postage prepaid to the Parties at the addresses listed below Starfire Sports: Ben Oliver ATTN: General Manager Starfire Sports 14800 Starfire Way Tukwila, WA 98188 (206) 267-6416 ben@starfiresports.com City of Tukwila: Pat Brodin ATTN: Operations Manager 600 Minkler Blvd Tukwila, WA 98188 (206) 433-1861 pwutil@ci.tukwila.wa.us King County: For contractual related notices: Kristina Westbrook ATTN: Recycled Water Program Manager Wastewater Treatment Division KSC-NR-0512 201 S, Jackson Street Seattle, WA 98104-3855 206-477-5522 kristina.westbrook@kingcounty.gov Starfire Sports Reclaimed Water Service and Use Area Agreement 7 58 For reclaimed water operational related notices: Curtis Steinke ATTN: Reclaimed Water Process Analyst South Treatment Plant RTP-NR-0100 1200 Monster Rd SW Renton, WA 98055 206-684-2456 curtis.steinke@kingcoun(Y.140V or to such other addresses as the Parties may from time to time designate in writing and deliver in a like manner. Notices may also be given by facsimile transmission (provided the fax machine has printed a confirmation of receipt). All notices that are mailed shall be deemed received three (3) business days after mailing. All other notices shall be deemed complete upon actual receipt or refusal to accept delivery. 12.0 ASSIGNMENT This Agreement may not be assigned by Starfire and may not be transferred to a location or for a purpose not authorized under this Agreement without the express written consent of the County. 13.0 NON-WAIVER Waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach, and shall not be construed to be a modification of this Agreement. 14.0 AMENDMENT Except as provided in Section 3.14 above, this Agreement may be amended only by an instrument in writing duly executed by all of the Parties to this Agreement. 15.0 GOVERNING LAW; VENUE This Agreement shall be governed by and construed and enforced in accordance with Washington law and the Parties agree that for any legal action or proceeding, venue shall be in King County Superior Court, in Seattle Washington. Start ire Sports Reclaimed Water Service and Use Area Agreement 16.0 AUTHORITY Each individual signing this Agreement warrants that he or she has the authority to enter into this Agreement on behalf of the Party for which that individual signs. IN WITNESS WHEREOF the undersigned, being duly authorized, have caused this Agreement to be executed on the dates shown below. CITY OF TUKWILA M Title: Jim Haggerton, Mayor Date: KING COUNTY BY: Title: Wastewater 'fre�lment Division Director Date: STARFIRE, SPORTS BY: Title: General Manager Date:— Approved as to form BY: Title: City Attorney Date: Approved as to form BY: Title: king Co-unty Pr ecuting Attorneys Office Date: Exhibits A Reclaimed Water Use Location Map B Definitions C Approved Uses, Use Locations, and Reclaimed Water Availability D Rate and Price for Reclaimed Water Usage Starf ire Sports Reclaimed Water Service and Use Area Agreement 9 60 61 DEFINITIONS 1. Class A Reclaimed Water: means reclaimed water that, at a minimum, is at all times an oxidized, coagulated, filtered, disinfected wastewater and meets State Class A standards as defined in the State Reclamation and Reuse Standards. At the date of this Agreement, the standards are: the wastewater shall be considered adequately disinfected if the median number of total coliforin organisms in the wastewater after disinfection does not exceed 2.2 per 100 milliliters as determined from the bacteriological results of the last seven days for which analyses have been completed, and the number of total coliform organisms does not exceed 23 per 100 milliliters in any sample. 2. Reclaimed Water: means water derived in any part from sewage from a wastewater treatment system that has been adequately and reliably treated, so that as a result of that treatment, it is suitable for a beneficial use or a controlled use that would not otherwise occur, and it is no longer considered wastewater. For the purpose of this Agreement, reclaimed water shall be further defined as Class A reclaimed water. 3. Reclamation Criteria: means the criteria set forth in the Washington State Water Reclamation and Reuse Standards, Publication 497-23 (September 1997) and any subsequent revisions adopted by the Departments of Ecology and the Department of Health, as defined in RCW 90,46.010(12) prior to and during the term of this agreement. Starfire Sports Reclaimed Water Service and Use Area Agreement 11 62 EXHIBIT C APPROVED USES, USE LOCATIONS, AND RECLAIMED WATER AVAILABILITY Approved Reclaimed Water Uses (when used in accordance with the Reclaimed Water Criteria and this agreement): irrigation Approved Use Location: Grass Field 12 and landscaping area as shown on Exhibit A for approved water uses only. Quantity, Flow Rate, and Pressure of Class A Reclaimed Water: Flow Rate Range Available (except as noted in Sections 2.5 and 9.0): 50-200 gpm Maximum Annual Quantity Usage: 2.5 million gallons per year Pressure Range: minimum 60 psig and maximum of 95 psig immediately prior to the irrigation system at the Use Location. Availability of Reclaimed February 1-- February 29: March I - March 31: April 1— October 31: November I — November 7: November 8 - January 31: Water: Available upon request for emergency irrigation water needs due to unusually dry weather conditions, with 7 days notice Tuesday, Wednesday, Thursday Seven (7) days per week Tuesday, Wednesday, Thursday Not available Starfire Sports Reclaimed Water Service and Use Area Agreement 12 63 EXHIBIT D RATE AND PRICING OF RECLAIMED WATER King County will deliver reclaimed water to the City of Tukwila as per the terms of the AGREEMENT FOR THE SALE AND DISTRIBUTION OF RECLAIMED WATER BETWEEN THE KING COUNTY DEPARTMENT OF NATURAL RESOURCES AND PARKS AND THE CITY OF TUKWILA dated January 2008. The cost of delivery to Starfire shall be based upon 80% of the current City of Tukwila commercial/industrial water charge. The water rates outline below will be adjusted annually based upon any subsequent rate adjustment ordinance by the City. I I Water Commoditv Charge per CCF (1.00 cubic feet) I I Tukwila Potable October-Mav Usage Charge = $4.38 per CCF I..Tukwila Peak June-September Usage Charge = $6.00 per CCF — I I Reclaimed Water Commoditv Charge per CCF (100 cubic feet) I I Reclaimed Water October -May Usage Charge $3.51 per CCF I LReclaimed Water October -May _Usage Charge $4.80 per CCF I NOTE: Minimum base meter charge also applies according to meter size. Table is found at http://www.tukwilawa.gov/finance/finutility.html#rates Starfire Sports Reclaimed Water Service and Use Area Agreement 13 64