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HomeMy WebLinkAboutCOW 2007-02-12 Item 4C - Interlocal Agreement - Water Infrastructure for Foster Point and Interurban Areas with King County Water District #125 `.IJILA COUNCIL AGENDA SYNOPSIS 4 Initialf h'BM No. Q �1� c) 1 Meeting Date Prepared by 1 Mayor's review 1 C' -al review cs r o 02/12/07 I PB n ''k. I 02/20/07 1 I 1 I I ITEM INFORMATION CAS NUMBER: 07-017 I ORIGINAL AGENDA DA LE: FEBRUARY 12, 2007 AGENDA ITEM TITLE Water District 125 Infrastructure Transfer Agreement CA I'hGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 02/12/07 Mtg Date 02/20/07 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date: I SPONSOR Council Major Adm Svcs DCD Finance Fire Legal P&R Police PIV SPONSOR'S This Interlocal agreement will transfer infrastructure, including pipes, meters, services, SUMMARY valves, and hydrants from Water District 125 to the City of Tukwila. The boundaries include the Foster Point area and the Interurban area along I -5. The cost of the infrastructure has been assessed at $243,641.00. After purchase by the City, approval Cascade m a Water Alliance and Seattle Public Utilities will be needed and then o Ca d customers will be transferred to the City of Tukwila's water district. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA'Z'E: 02/06/07 RECOMMENDATIONS: SPONSOR /ADMIN. Approve Interlocal Agreement with Water District 125 COMMITThE Unanimous approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $243,641.00 $250,000.00 $0.00 Fund Source: 401.02 Water (page 80, 2007 C11) Comments: MTG. DATE 1 RECORD OF COUNCIL ACTION 02/12/07 1 02/20/07 1 1 MTG. DATE ATTACHMENTS 02/12/07 1 Information Memo dated February 1, 2007 Interlocal Agreement with Exhibit A Map (revised after UC meeting) Utilities Committee Meeting Minutes from February 6, 2007 1 02/20/07 1 INFORMATION MEMO To: Mayor Mullet From: Public Works Directo Date: February 1, 2007 Subject: Water District 125 Infrastructure Transfer Agreement ISSUE Assumption of Water District 125 infrastructure in the Foster /Interurban and Foster Point areas. BACKGROUND This issue was discussed at the January 17, 2007, Utilities Committee. As mentioned, the transfer of the pipes, meters, services, valves, and hydrants from Water District 125 to the City of Tukwila requires a process that will amend each of the agency's wholesale water supply contracts. The transfer agreement will set in motion a two -part process. First, the City would purchase the infrastructure within the budgeted CIP item for this project. Secondly, upon approval through Cascade and Seattle Public Utilities, the City will notify customers in advance and both the District and the City will coordinate the actual turning of valves and transfer of the customer accounts. The entire customer base already pays for sewer through Tukwila, so the process of adding the billing code will be faster and more efficient. RECOMMENDATION Move to Committee of the Whole for discussion then to Regular Council for approval. PB: ad (P:a]ice\UC 020607 WD 125) INTERLOCAL AGREEMENT This Agreement "Agreement is entered into by and between the City of Tukwila, a Washington municipal corporation "City"), and King County Water District No. 125, a Washington municipal corporation "District (individually a "Party" and collectively the "Parties for the purposes set forth below. SECTION 1: RECITALS 1.01 Pursuant to Title 57 RCW, the District owns and operates a water system and provides water service to an area located within King County, Washington. The District obtains its water supply through a wholesale water supply agreement from the City of Seattle. 1.02 Pursuant to Title 35 RCW, the City owns and operates a water system and provides water service to an area located within King County, Washington. The City obtains its water supply from the Cascade Water Alliance "CWA 1.03 The District's corporate and water service area boundaries overlap or are adjacent to the City's corporate boundary and water service area. 1.04 The District owns and operates a water transmission main and appurtenances "Water Main in the area of 56th and 57th Avenues Southeast known as Foster Point "Foster Point Area which is located within the City's corporate and water service area boundaries. The Foster Point Area and Water Main are depicted on Exhibit A attached hereto and incorporated herein by this reference. The City desires that the District now transfer ownership of the Water Main to the City for monetary and other consideration so that the City may serve existing City water customers from the Water Main. 1.05 The District also owns and operates water supply facilities including water mains, meters, meter boxes and appurtenances "Water Facilities in the area east of I -5, west of Interurban Avenue South and south to South 144th Street "Interurban Area as depicted on Exhibit A which is located within the District's water service area. The City desires that the District now transfer ownership of the Water Facilities to the City for monetary and other consideration. The City also desires that the District transfer its water service customers in the Interurban Area as depicted on Exhibit A to the City so that the City may provide water service to such customers and water service area. However, various approvals may be required as a precondition to the District's transfer of its customers in the Interurban Area to the City including approval by the City of Seattle, CWA and other governmental agencies. 1.06 Pursuant to Chapter 70.116 RCW, the District and the City and other water purveyors previously determined and agreed upon the water service areas between the parties as set forth in the South King County Coordinated Water System Plan. However, the Parties desire that the water service area boundary between the Parties be 2/ 8/ 20078:06:36 AM 350037.0113588291002717S3901 !.DOC -1 modified and amended to be in accordance with this Agreement. Determining future service area boundaries between the City and the District will provide for maximum efficient use of existing and future facilities and orderly and efficient water system planning. 1.07 The purpose of this Agreement is to provide for the District's transfer and conveyance of all of its right, title and interest in the Water Main and the Water Facilities to the City in consideration of the City's payment to the District of certain monetary and other consideration and that the water service area boundary between the Parties be later modified and amended to provide for the transfer of the Interurban Area to the City's water service area. 1.08 The City and the District have the legal authority to cooperate with other municipalities on the basis of mutual advantage and efficient provision of municipal services pursuant to Chapter 39.34, the Interlocal Cooperation Act. NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the Parties agree as follows: SECTION 2: AGREEMENT 2.01 Upon the Effective Date of this Agreement, the District shall transfer and convey all of its right, title and interest in the Water Main and the Water Facilities to the City without warranty, express or implied, "as is and "where is provided the District shall assign to the City any warranties it may have relating to such facilities from third parties. 2.02 In consideration of the District's transfer of the Water Main and the Water Facilities to the City, City agrees to pay the District the amount of Two Hundred Forty Three Thousand Six Hundred and Forty One Dollars ($243, 641.00) within days of the Effective Date of this Agreement. 2.03 Following the transfer and conveyance of the ownership of the Water Main and the Water Facilities by the District to the City, the Interurban Area shall remain and continue to be in the District's water service area where the; customers located within that area shall continue m =to be the District's water service custom and the aintenance responsabalzzy of the services and aneters only will "remain wath the;Dtstract in the durataon that the Dstrtct_continues to ball said customers; the District shall have the right to continue to bill such customers for water service provided based on the meter readings for water service supplied from the Water Facilities to such customers; provided that the Parties agree to cooperate to obtain all approvals necessary from the City of Seattle, CWA and any other governmental agencies or associations (collectively "Agency" or "Agencies with jurisdiction relating to such customers and service area to transfer such area and customers to the City. 2/81 20078:06:36 AM 350037.013588291002717$3901 !.DOC -2- 2.04 The City agrees to pay all costs and expenses relating to the disconnection of the Water Main and the Water Facilities from the District's water system, the connection of such facilities to the City's water system and to transfer the Interurban Area and the District's water service customers located therein to the City's water service area, including, but not limited to any fees, expenses, costs and charges imposed by any Agency related to or as a condition of approving such transfer of customers or water service area, provided the District shall provide personnel at District's expense for and to inspect the disconnection of the Water Main and the Water Facilities from the District's water system. 2.05 The Parties agree to cooperate to effect the purposes of this Agreement and to execute any further agreements and documents required for the immediate transfer of the Water Main and the Water Facilities zncludang maintenance responsibilatces for the main, _valves, hydrants and ,appurtenances, to the City and the later transfer of the Interurban Area water service area and the District's water customers located therein to the City. In the even the District later transfers its customers to the City in the Interurban Area, the City agrees to provide such customers with at least forty -five days written and mailed notice before the date of such transfer. 2.06 The service areas and attendant rights and obligations of this Agreement shall be included as an amendment to the Parties' respective water comprehensive plans and any amendments thereto. 2.07 The Parties shall give notice of the adoption of this Agreement, as may be required, to King County, the City of Seattle, CWA, the Department of Ecology, the Department of Health, the WUUC, the King County Boundary Review Board and to any other agency with jurisdiction. SECTION 3: MISCELLANEOUS 3.01 Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and the District under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the King County Superior Court, King County, Washington. 3.02 Attorneys' Fees. In any claim or lawsuit for damages arising from the Parties' performance of this agreement, each Party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit. 3.03. Assignment. Any assignment of this Agreement by either Party without the written consent of the other Party shall be void. 2/8/ 20078:06:36 AM 350037.01358829100271753901 !.DOC -3- 3.04. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the District. 3.05. Severability. If any one or more sections, sub sections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. 3.06. Entire Agreement. The written provisions and teinis of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City and the District, and those statements shall not be construed as forming a part of or altering in any manner this Agreement. This Agreement and any attached Exhibits contain the entire agreement between the Parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. 3.07. Approval. Each Party shall approve this Agreement by appropriate resolution or ordinance and provide the other Party with a certified copy of same. 3.08. Effective Date. This Agreement will take effect on the last date signed below. APPROVED BY Motion of the City Council of the CITY OF TUKWILA, Washington, at is regular meeting held on the day of 2007. CITY OF TUKWILA: By: Steve Mullet, Mayor Date: ATTEST: CITY CLERK Approved as to Form 2/8/20078:06:36 AM 350037.01 I358829[0027I7$3901!.DOC -4- Office of the City Attorney By: Its: Dated: APPROVED BY RESOLUTION No. of the Board of Commissions of KING COUNTY WATER DISTRICT NO. 125 of King County, Washington, adopted at its regular meeting held on the day of 2007. KING COUNTY WATER DISTRICT NO. 125 By: Its: Date: By: Its: Date: Approved as to Form Office of the District Attorney By: Its: Dated: P: \CiviPFILES\OpenFil es \0968\WalerS erviceArealnterlocal .DRAFP.102005.doc 2/8/ 20078:06:36 AM 350037.01 X35882910027!7$3901 !.DOC -5- i °4' 4 b 1 1 1- a 4 e• ttf r fi G� TAO y a f 0 S t e 'td r a so R 59 alp 1 ,a PO _4 pU}IAYISH R IYSR yyA %I. A RE A g IN7ERTIE 4. CA, \___T__,..:\\ 1 iN s g --e A S. h ST' a ''m� 9 1,400 199+ Th of 4 l 9 Nob c4- 1 z w (3C. s 143rd 3t. k Di" b 1426 1 S lt. i4 1 Vi .4 b to A T I ZA 0 451, .1 WO 9, 144 .R 7.1,-,-----71- E` t \..:0 y' s 6: f. i rro� y t I -1 1 47 $T g 1 14C p ii C ^`lc.- s 147th y�rrr� n So G —F Ki C °u a D Ov ate ng b 1 2G g, 148th Sr' NUIn e Utilities Committee February 6, 2007 5:00 p.m. Present: Council members Joan Hernandez, Chair; Joe Duffie; and Jim Haggerton. Jim Morrow, Public Works Director; Frank Iriarte, Deputy Director, Pat Brodin, Operations Manager; Mike Cusick, Senior Engineer; Ryan Partee, Project Manager, and Chuck Parrish, Community member. Business Agenda 1. Council Chambers Remodel Mr. Morrow reported that all work required under the contract has been completed. Corsair Construction did an excellent job and was able to work around the Court, Council Meetings and the Planning Commission. The final contract cost was significantly below the initial estimate of $500,000. Ms. Hernandez inquired about the two change orders. Mr. Morrow explained that Change Order 1 represented the difference in cost of switching from a Formica top to a granite top. Change Order 2 was for additional painting and work related to the movement of the center console used by the Bailiff and the City Clerk's Office. Mr. Duffie inquired about the pictures that were in the Council Chambers before the remodel. Mr. Morrow stated that the pictures are in the Planning Department and that the Mayor's Office and the Court are discussing what pictures will be hung in the Council Chambers. Unanimous approval; forward to Regular Council with recommendation to accept project and release retainage. 2. 2006 Small Drainage Program Mr. Morrow presented the 2006 Small Drainage Program Contract for formal acceptance and release of retainage. Project was accomplished below the contract award amount and the Contractor, Dennis R. Craig Construction, Inc of Redmond, Washington did a good job for the City. Mr. Morrow explained that the West Valley Highway Outfall Repair was deleted from the Project because the outfall belonged to WSDOT. Mr. Haggerton asked whether the Project fixed the problems at Southgate Creek. Mr. Brodin indicated that the drainage system is working fine. Unanimous approval; forward to Regular Council with recommendation to accept project and release retainage. 3. Water District 125 Infrastructure Transfer Agreement The City currently has a project in the CIP to purchase 90+ customers in the Foster Point and the Foster/Interurban areas from Water District 125. Mr. Morrow stated that the City f and Water District 125 both serve customers in the Foster/Interurban and Foster Point areas. Due to the problems that Water District 125 has with maintenance, and their ability to maintain sufficient water pressure and flows, Mr. Morrow indicated that it is in the City's best interest to take over Water District 125's infrastructure. Mr. Brodin conveyed that the transfer agreement was the initial step to buyout the customers and infrastructure. The follow -on steps include approval from Cascade and Seattle Public Utilities, notification of customers affected by the transfer, and transfer of accounts. Ms. Hernandez inquired whether there will be resistance of the City taking over the accounts. Mr. Morrow replied that there will probably be some resistance but the City will work through the issues. Mr. Brodin has received input from the City Attorney. He will discuss and highlight recommended modifications (sunset clause) to the Agreement during the COW. Unanimous approval; forward to the Committee of the Whole. 4. Amendment to the Sewage Disposal Agreement King County Executive Sims recently sent a letter to the suburban elected officials requesting them to sign an amendment to the current agreement for sewage disposal. The amendment would extend the agreement term from 2036 to 2056. Mr. Morrow commented that extending the agreement would allow the County to spread out the debt service over a longer period of time. This is a business decision and there is no sound basis to reject the amendment. Ms. Hernandez asked whether the amendment requires Council action. Mr. Morrow replied that no Council action was required and only wanted to keep Council informed. Discussion only. 5. 2006 Fourth Ouarter Report Mr. Morrow presented the Fourth Quarter Report for the Public Works Department. Ms Hernandez referred to the Public Works Administration goal item 3, "Evaluate the City Emergency Management Plan using the National Emergency Management Accreditation Program Standard" and asked whether the Fire Department was going to work with Public Works Department on this goal. Mr. Morrow replied that he as the emergency manager will have to complete the task. He indicated that the Plan needs to be totally rewritten due to a recent requirement that he received from Department of Homeland Security. Mr. Morrow reiterated the need for a full time coordinator position. Mr. Haggerton referred to the Surface Water General Engineering Services goal item 1, "Complete constructions for the Cascade View Neighborhood Improvement Project" and asked what cleanup items remain. Mr. Morrow reported that there is landscaping and contract maintenance work that needs to be accomplished. New Business Ms Hernandez inquired about the status of the bus station located in the vicinity of Southcenter Blvd and 65 Mr. Morrow noted that King County Metro is scheduled to repair the damages. Mr. Parrish reported trash receptacles missing from the bus stop located in the vicinity of 5 -144 and the Tukwila Trading Company. Mr. Brodin will follow -up. Mr. Morrow briefly discussed the NPDES permit that the City recently received from the Washington State Department of Ecology. He cited significant mandates that more than likely require additional funding, equipment and personnel. Staff is currently evaluating compliance requirements and will present more information to the Council.