HomeMy WebLinkAboutUtilities 2008-02-19 Item 3A - Interlocal Agreement - Sale and Distribution of Reclaimed Water with King County
INFORMATION MEMO
To:
From:
Date:
Subject:
Mayor Haggerton
Public Works DirectoL<!rN\
February 07, 2008 cy' . ,
Sale and Distribution of Reclaimed Water
Project No. 92-WT06
Agreement
ISSUE
Approve agreement with King County for the sale and distribution of reclaimed water to the
City of Tukwila.
BACKGROUND
King County has drafted the attached agreement for sale and distribution of reclaimed water
for the city's consideration and approval. The South Reclamation Plant (at the Renton
Treatment Plant), produces effluent that is further treated to produce Class A reclaimed water.
King County has a reclaimed water pipeline that goes from the pump station on Interurban
Avenue South just south of Foster Golf Links to the Renton Treatment Plant. Tukwila has
previously tapped into this line for a reclaimed water hydrant for City maintenance use as well
as for irrigation of street trees across the street from the Riverside Casino.
ANALYSIS
The cost to the City for reclaimed water, per Attachment B is 80% of the Seattle Public
Utilities rate for wholesale potable supplies.
RECOMMENDATION
Authorize Mayor to sign the agreement with King County for the sale and distribution of
reclaimed water.
Attachments: Sale and distribution agreement
Attachment B
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AGREEMENT FOR THE SALE AND DISTRIBUTION OF RECLAIMED WATER
nETWEEN THE KING COUNTY DEPARTMENT OF NATURAL RESOURCES AND
PARKS AND THE CITY OF TUKWILA
TillS AGREEMENT is entered into this _ day of , between KING
COUNTY through the DEPARTMENT OF NATURAL RESOURCES ("King County" or
"County") and THE CITY OF TUKWILA (hereinafter referred to as "City" or "Tukwila"),
together referred to as the "parties."
1. RECITALS
WHEREAS:
1.1. King County operates the South Reclamation Plant (the "Plant"), a municipal sewage
treatment facility performing the function of metropolitan water pollution abatement as
authorized under RCW 35.58.050(1); and
1.2. The Plant produces effluent, a by-product of secondary treatment of sewage and water
pollution abatement, which may be treated further to produce reclaimed water, as that term is
defmed in the Reclaimed Water Act, RCW 90.46.010(4); and
1.3. The Washington State legislature under RCW 90.46.005 encourages the use of reclaimed
water "to replace potable water in nonpotable applications, to supplement existing surface and
ground water supplies, and to assist in meeting the future water requirements of the state; and
1.4. King County has a reclaimed water permit issued by the State of Washington pursuant to
RCW 90.46.030 and RCW 90.46.040, which authorized it to produce Class A reclaimed water
for land application and commercial and industrial use within its service area.
1.5. King County has developed a reclaimed water facility at its South Reclamation Plant,
where it produces Class A reclaimed water.
1.6. The City of Tukwila is an optional municipal code city operating under Title 35A RCW
in the State of Washington, authorized under RCW 35.58.050(2) to provide supply water; and
1.7. King County will supply reclaimed water to Tukwila for use within the City.
1.8. The City will effectuate the purposes of the Reclaimed Water Act, Ch. 90.46 RCW,
implement the Water Reclamation and Reuse Standards (September 1997) developed by the
Washington State Departments of Health and Ecology pursuant to the Reclaimed Water Act
("Standards").
1.9. The City will also provide continuing valuable information to King County about the
feasibility, technology, and operation of reclamation facilities.
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1.10. King County and Tukwila have determined that it is in the public interest to enter into an
agreement to promote and implement the safe use of reclaimed water to conserve the potable
water supply; and
1.11. The City and King County shall at all times meet Washington State Health and Ecology
Water Reclamation standards.
2. SUPPLY AGREEMENT
NOW, THEREFORE, in consideration of the recitals and the mutual promises and covenants
contained herein, KING COUNTY DEPARTMENT OF NATURAL RESOURCES agrees to
supply and the CITY OF TUKWILA agrees to purchase reclaimed water on the following terms
and conditions:
3. DEFINITIONS
3.1 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
defmed 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 coliform 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.
3.2 End Use Customer: means the provider's customer, the person responsible for putting
reclaimed water to beneficial use pursuant to the sale provisions of Section 8 of this Agreement.
3.3 Provider: means the City of Tukwila, the purveyor of reclaimed water distributed by
King County to End Use Customers.
3.4 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 defmed as Class A reclaimed water.
3.5 Reclaimer: means King County, the reclaimer of wastewater and the wholesale
distributor of Class A reclaimed water.
3.6 Reclamation Criteria: means the criteria set forth in the water reclamation and reuse
interim standards and subsequent revisions adopted by the Department of Ecology and the
Department of Health, as defined in RCW 90.46.010(12), currently set out in the Water
Reclamation and Reuse Standards, Publication #97-23 (September 1997).
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3.7 Reclamation Water Meter Permit: means Tukwila's water meter permit which
specifically authorizes service connections and establishes the conditions of using the reclaimed
water by End Use Customers.
3.8 Reuse: means the use of reclaimed water, in compliance with Washington State
Departments of Health and Ecology regulations and standards, for a direct beneficial use.
3.9 Service and Use Area Contract (end use customer agreement): shall mean the
contract required by King County's Reclaimed Water Permit No. ST-7445. The Contract shall
ensure that construction, operation, maintenance, use area responsibilities and monitoring meet
all requirements of the Department of Health and Ecology, This Service and Use Area Contract
must be consistent with the requirements of the Water Reclamation and Reuse Standards, 1997
or subsequent standards adopted by the State.
4. SUPPLY AND SALE OF RECLAIMED WATER
4.1 Quality of reclaimed water. King County agrees to deliver to Tukwila reclaimed water
as defined by Washington State reclamation criteria. King County makes no other representation
concerning the quality of the reclaimed water and makes no express or implied warrantees
whatsoever, but will provide periodic water monitoring data to end users for the purpose of
determining compliance with these standards.
4.2 Quantity of reclaimed water. King County will deliver reclaimed water for use by the
Provider and End User Customers in the use area at an amount equal to the sum of all end user
flow rates as specified in the attached Exhibit A. The quantity of water to be delivered may be
amended to accommodate sales of reclaimed water by the Provider pursuant to a valid reclaimed
water agreement entered into pursuant to Section 8 of this Agreement
4.3 Service pressure. King County shall provide reclaimed water through its supply system
at 60 PSI to 110 PSI.
4.4 Delivery of reclaimed water. King County shall deliver reclaimed water to Tukwila
through its conveyance line from the South Reclamation plant. Tukwila shall install and
maintain water meters on the outlet side of King County's conveyance system, to provide
accurate measurement of the quantity of reclaimed water supplied for Provider's municipal use
and to End Use Customers.
5. BENEFICIAL USE OF RECLAIMED WATER
Tukwila may use the reclaimed water supplied by King County for direct beneficial purposes
authorized under Washington State's reclamation criteria for Class A reclaimed water, as
follows:
5.1 Permitted municipal uses: All uses consistent with Washington State's Reclamation and
Reuse Standards and regulations (RCW 90.46) for Class A reclaimed water and subsequent
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revisions adopted by the Department of Ecology and the Department of Health, including, but not
limited to, irrigation, commercial (street sweeping, dust control) and industrial uses.
5.2 Use area. Within the City of Tukwila
5.3 Use criteria. Tukwila recognizes that King County is charged with the responsibility to
operate its wastewater treatment systems in such a manner to meet its permit requirements. As
such, the parties understand and agree that, with no liability to King County, there may be
temporary interruptions in service due to emergencies requiring curtailment of plant operations
for repairs, as a result of regulatory or judicial orders, and due to other circumstances beyond its
control.
5.4 Restrictions on use.
5.4.1 King County agrees to supply reclaimed water to Tukwila contingent on
Tukwila's use of that water in full and continuous compliance with Washington State's
reclamation criteria and with the conditions in King County's Reclaimed Water Permit
No. ST-7445.
5.4.2 Reclaimed water supplied pursuant to this Agreement shall not be used for
human consumption.
5.4.3 The City of Tukwila and the End Use Customers shall allow an authorized
representative of King County or of the Washington State Department of Health or
Ecology, upon the presentation of credentials.
5.4.3.1 To enter upon the premises where reclaimed water is distributed or used under
this contract.
5.4.3.2 To inspect at reasonable times any facilities, equipment, meters, records, or
premises involved in the distribution and use of the reclaimed water under this contract,
and to take samples of the water or premises, and make copies of records.
6. PRICE
Timely payment by Provider is a substantial and material term of this agreement,
7. RESALE TO END USE CUSTOMER.
Tukwila, as the Provider may resell the reclaimed water purchased from King County to any of
its End Use Customers within its domestic water service area for those purposes approved by the
Washington State Departments of Health and Ecology. Such sale shall be allowed only pursuant
to a binding Service and Use Area Contract (end use customer agreement), as required by King
County's Reclaimed Water Permit No. ST-7445, and Tukwila's reclamation water meter permit.
The Contract shall ensure that construction, operation, maintenance, use area responsibilities and
monitoring meet all requirements of the Department of Health and Ecology, This Service and
Use Area Contract must be consistent with the requirements of the Water Reclamation and Reuse
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Standards, 1997 or subsequent standards adopted by the State. Such Service and Use Area
Contract shall be subject to the terms of this agreement and shall at a minimum include the
following terms and conditions:
7.1 Authority. Each individual Service and Use Area Contract shall provide the County and
Tukwila with the authority to regulate distribution, enter and inspect the site and terminate
service of reclaimed water to any customer violating the Washington State Water Reclamation
and Reuse Standards or subsequent regulations.
7.2 Permitted beneficial uses. The lawful beneficial use to which the reclaimed water shall
be put shall be specified.
7.3 Use area. The use area shall be identified.
7.4 Restrictions on use.
7.4.1 King County's Agreement to supply reclaimed water to Tukwila for use by End
Use Customer is contingent on the customer's use of that water in full and continuous
compliance with Washington State's Reclaimed Water Standards and regulations and
with the terms and conditions of King County's Reclaimed Water Permit No. ST-7445
that is applicable to End Use Customers, including but not limited to Condition R7H.
7.4.2 Reclaimed water supplied to End Use Customers pursuant to this Agreement
shall not be used for human consumption..
7.4.3 The End Use Customer shall allow an authorized representative of Tukwila,
King County or of the Washington State Department of Health or Ecology, upon the
presentation of credentials:
7.4.4 To enter upon the premises where reclaimed water is distributed or used under
this contract;
7.4.5 To inspect at reasonable times any facilities, equipment, meters, records, or
premises involved in the distribution and use of the reclaimed water under this contract,
and to take samples of the water or premises, and make copies of records.
8. RESPONSffiILITY FOR PRODUCTION, DISTRffiUTION AND USE OF
RECLAIMED WATER.
Consistent with Washington State requirements, the parties shall have the following
responsibilities for the reclaimed water produced, distributed and used pursuant to this
Agreement:
8.1 Production. King County shall maintain control over, and be responsible for, all facilities
and activities inherent to the production of reclaimed water to ensure that the reclamation plant
operates as approved by the Washington State Departments of Health and Ecology.
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8.2 Distribution. King County shall maintain control over, and be responsible for, all facilities
and activities inherent in the distribution of the reclaimed water to the Provider. The Provider
shall ensure that the distribution system operates as approved by the Washington State
Departments of Health and Ecology. The Provider shall own, operate, maintain and be
responsible for the reclaimed water in the service system beyond the meter. However, the
Provider shall also own, operate, maintain and be responsible for the small reclaimed water line
(6-inch, 4-inch, and 3-inch pipe) connected to King County's 16-inch reclaimed water
transmission line and discharging to the Foster Golf Links pond even though the meter is located
just prior to the pond discharge.
8.3 Use. The parties agree that any End Use Customer of reclaimed water produced by King
County shall maintain control over, and be responsible for, all facilities and activities inherent to
such End Use Customer's own use of the reclaimed water supplied by. King County or City of
Tukwila. Where the reclaimed water is put to use by an End Use Customer of Tukwila, in an
area not under. the direct control of King County or Tukwila, that customer shall, pursuant to a
Service and Use Area Contract, maintain control over, and be responsible for, all facilities and
activities inherent in the use of the reclaimed water. The Provider further agrees to require the
End Use Customer to ensure that its facilities and activities operate as approved by the
Washington State Departments of Health and Ecology and that the End Use Customer use
reclaimed water supplied and distributed under this Agreement only pursuant to a Service and
Use Area Contract.
8.4 Use area. King County shall not be responsible for the reclaimed water use area, unless
such reclaimed water use area is under the County's direct control.
8.5 King County shall provide training to the City of Tukwila personnel and other end users at
no cost on the safe use and application of Class A reclaimed water. Completion of the training
course is a requirement for use of reclaimed water on property not owned by King County
9. INDEMNIFICATION
To the maximum extent permitted by applicable law, each party shall protect, indemnify, defend
and hold harmless the other party, respectively, its employees, agents, contractors,
subcontractors, officers, directors, attorneys, successors and assigns, while acting within the
scope of their employment as such, from and against any and all liabilities, damages, penalties,
claims, demands, judgments, losses, harm, costs, expenses, suits or actions, including but not
limited to employees, contractors, subcontractors, officers, directors, attorneys, successors or
assigns, arising out of or in connection with this Agreement caused by or resulting from each
party's own negligent acts or omissions. Each party agrees that its obligations under this
provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of
its employees or agents. The foregoing indemnity is specifically and expressly intended to
constitute a waiver of each party's immunity under Washington's Industrial Insurance Act, RCW
Title 51, as respects the other party only, and only to the extent necessary to provide the
indemnified party with a full and complete indemnity of claims made by the indemnitor's
employees. The parties acknowledge that these provisions were specifically negotiated and
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agreed upon by them. In the event of litigation between parties to enforce the rights under this
paragraph, reasonable attorney fees shall be allowed to the prevailing party.
10. COST AND REVENUE ALLOCATION
10.1 Tukwila shall make payments to King County pursuant to the schedules contained in
Attachment B, incorporated herein by reference.
10.2 King County shall bill Tukwila on a monthly basis for the reclaimed water at the rate
agreed upon. Tukwila shall meter reclaimed water use through its reclaimed water meter(s). The
initial water rate shall be pursuant to the schedule in Attachment B. Tukwila shall make payment
within thirty (30) days of the date of the bill.
10.3 Tukwila shall bill End Use Customers on a monthly basis for the reclaimed water at a rate
established by The City and shown in Attachment B.
11. INTERRUPTION OF DELIVERYIUTILIZATION OF SERVICE
11.1 If the performance by either party is prevented or delayed by any of the following, such
party shall have a reasonable period of time after each such event to begin performance under
this Agreement:
11.1.1 Acts of God, fIre, storms, earthquake or similar cataclysmic occurrence;
11.1.2 Orders by regulatory bodies or courts; or
11.1.3 Unanticipated treatment upsets and equipment malfunctions beyond the
reasonable control of King County.
11.1.4 Scheduled maintenance or construction event.
11.2 In the event King County cannot deliver reclaimed water as specifIed under this
Agreement in 11.1.1, 11.1.2 and 11.1.3, King County will notify Tukwila, the Provider and the
End Use Customers at least forty-eight (48) hours in advance. Where advance notice is not
possible, King County will notify Tukwila and the end use customers as soon as possible after
the event renders the King County reclamation plant inoperative.
11.3 In the event King County cannot deliver reclaimed water as specifIed under this
Agreement in 11.1.4 (Scheduled maintenance or construction event), King County will notify
Tukwila, the Provider and the End Use Customers at least thirty (30) days in advance.
11.4 In the event King County cannot deliver reclaimed water as specifIed under this
Agreement to Fort Dent Park softball outfIelds, King County shall provide city water as a back-
up water source within forty-eight (48) hours of the discontinuation of reclaimed water supply as
specified under 11.1 of this agreement. In the event King County cannot deliver reclaimed water
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as specified under this Agreement in 11.1.1, 11.1.2, and 11.1.3 for more than ninety (90) days,
King County shall no longer provide a back-up water source for Fort Dent Park softball outfields.
11.5 In the event King County cannot deliver reclaimed water as specified under this
Agreement to Foster Golf Links, the Tukwila fire hydrant, and/or the Tukwila median strip
irrigation, King County shall not provide a back-up water source.
11.6 For all future end use customers of Tukwila, the arrangement for a back-up water source
in the event King County cannot deliver reclaimed water, shall be negotiated between King
County, Tukwila, and the end use customer on an individual basis and shall be described in the
Service and Use Area Agreement (end use customer agreement).
12. DISPUTES
12.1 Each party shall negotiate in good faith and use its best efforts to resolve any dispute
which may develop hereunder. If a dispute cannot be resolved by the project representatives of
each party it shall be referred for further negotiation to the King County Department of Natural
Resources and Parks Director, the Tukwila Public Works Director and the End Use Customer.
Only upon failure to resolve the dispute through such negotiations may either party institute legal
action. Venue for any such legal action shall be in King County, Washington.
13. CHANGED CONDITIONS
13.1 The parties agree to renegotiate this Agreement in good faith if:
13.1.1 If changes occur which substantially and adversely affect either party's ability to perform
the terms of this Agreement, such as but not limited to the inability to obtain required agency
approvals or required permits, or a material increase in reclaimed water production costs;
13.1.2 During operation of the plant, any governmental agency having jurisdiction over the
project changes operating or discharge requirements governing the project, and such changes
result in the need for additional facilities or otherwise substantially affect either party's costs or
performance under this Agreement.
13.2 If, in renegotiating their Agreement pursuant to Section 13.1 hereof, the parties cannot
agree on new terms, then on either party's request, the disputed terms shall be addressed under
the dispute resolution procedure provided in Section 12 herein. If neither party so requests, or if
such procedure still does not result in agreement between the parties, then either party may
terminate this Agreement as provided in Section 16 below.
14. SHARING OF INFORMATION
The parties agree, to the fullest extent permitted by law, to exchange information about all
aspects of the reclamation program including but not limited to operations, maintenance,
customer comments, metering data, water quality analyses and regulatory compliance.
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15. 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 10 years thereafter, unless this
Agreement is terminated earlier as provided herein.
16. TERMINATION
16.1 The parties herein may terminate this Agreement as follows:
16.1.1 On sixty (60) days advance written notice, for changed conditions occurring
during the operation of the reclamation program to which the parties cannot
renegotiate or resolve their disagreement as provided in Section 12.
16.1.2 On forty (40) days written notice to the other party, for a substantial and
material breach of this Agreement and following a reasonable opportunity to cure
such breach if it is curable, such notice shall specify the breach claimed and the
failure of the other party to cure it despite reasonable opportunity to do so.
17. NOTICES.
City of Tukwi1a:
Pat Brodin, P .E., Operations Manager
600 Minkler Blvd
Tukwila, WA 98188
(206) 433-1861
pbrodin@ci.tukwila.wa.us
King County:
Steve Gilbert, Reclaimed Water Lead
Wastewater Treatment Division
KSC-NR-0512
201 S. Jackson Street
Seattle, WA 98104-3855
206-684-1243
steve.gilbert@kingcounty.gov
18. ASSIGNMENT
This Agreement may not be assigned without the express written consent of the other party.
19. SEVERABILITY
If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable,
the remaining provisions shall remain in full force and effect.
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20. 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.
21. AMENDMENT
This Agreement may be amended only by an instrument in writing duly executed by all of the
parties to this Agreement.
IN WITNESS WHEREOF, King County Department of Natural Resources and the City of
Tukwila have executed this Agreement effective as of the date last written below.
Approved as to form:
Approved as to form:
City Attorney
KING COUNTY DEPARTMENT OF
NATURAL RESOURCES AND PARKS
By:
Title: DNRP Director Date
CITY OF TUKWILA
By:
Title: Mayor
Date
ATTEST:
By:
City Clerk
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Attachment 8
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.
The cost of delivery shall be based upon 80% of the Seattle Public Utilities (SPU) rate for
wholesale potable supplies. The rates outline below will be adjusted annually based
upon the SPU wholesale water customer rate commodity charge for new contracts.
- --- --. - ------
S~tJ'C...<<~plVVI191~,!I~~W.J~f~Qcl.lst()I1'l~"~ates .
~(Ef{~Pthle:/~~ffua.t}tJ1~~~,Q~) _
15) = $1.04 er CCF
_.c~~'!\!!~t:6~~~~~"\Vit&~~cEiY~~!y()f;_-
King County Reclaimed Water Off Peak Usage Charge (Sept 16 - May 15) $.83
er CCF
King County Reclaimed Water Peak Usage Charge (May 16 - Sept 16) $1.28 per
CCF