HomeMy WebLinkAboutUtilities 2008-02-19 Item 3B - Interlocal Agreement - Reclaimed Water Pipeline Extension with King County
INFORMATION MEMO
To:
From:
Date:
Subject:
Mayor Haggerton
Public Works Directodkm
February 13, 2008 a -
Reclaimed Water Pipeline Extension Proiect
Project No. 92-WT06
Interlocal Agreement
ISSUE
Approve interlocal agreement with King County for extension of the reclaimed water pipeline
from the King County pump station to the Foster Golf Links irrigation pond for sale and
distribution of reclaimed water to the City of Tukwila.
BACKGROUND
Foster Golf Links currently pumps irrigation water out of the Green River and stores it in a
pond in order to irrigate the golf course turf. King County has developed the attached
interlocal agreement with an offer to pay for design and construction of an extension to the
reclaimed water service from their sewage pump station at Interurban Avenue South to the
existing irrigation pond at Foster Golf Links. In exchange, the City of Tukwila will provide
specifications, bidding and construction management for the project.
After this reclaimed water pipeline project is completed, the golf course will be able to use
reclaimed water for irrigation without modifications to their existing irrigation system.
ANALYSIS
This agreement will save the City of Tukwila at least $110,000, as shown on attached 2008
CIP page 81.
RECOMMENDATION
Authorize the Mayor to execute the interlocal agreement with King County for extension of the
reclaimed water pipeline.
Attachments: Interlocal Agreement
Exhibit A
Exhibit B
CIP page 81
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INTERLOCAL AGREEMENT
BETWEEN KING COUNTY AND CITY OF TUKWILA
REGARDING
THE FOSTER GOLF RECLAIMED WATER EXTENSION PROJECT
THIS INTERLOCAL AGREEMENT, made as of the day of , 2008,
between the City of Tukwila, a municipal corporation organized and existing under the laws of
the State of Washington, hereinafter referred to as "the City" by and through Tukwila Public
Works Department, and King County, a political subdivision of the State of Washington,
hereinafter referred to as "the County" through the King County Department of Natural
Resources and Parks ("KCDNRP") (collectively, the "Parties");
WHEREAS, the County operates a reclaimed water facility which produces Class A reclaimed
water at its South Plant in Renton, Washington;
WHEREAS, the County owns a conveyance pipe that conveys Class A reclaimed water from its
plant in Renton to a site adjacent to the Foster Golf Links in Tukwila;
WHEREAS, the City currently exercises a water right to the Green River to irrigate the Foster
Golf Links;
WHEREAS, the City and County have identified a mutual interest to preserve in-stream flow in
the Green River;
WHEREAS, the City is interested in using reclaimed water for irrigation at the Foster Golf Links
and the County is interested in supplying reclaimed water to the City;
WHEREAS, the City and the County have developed plans to extend a reclaimed water line from
the County's existing conveyance pipe to the Foster Golf Links (Reclaimed Water Line
Extension);
WHEREAS, the City and the County have signed an AGREEMENT FOR THE SALE AND
DISTRIBUTION OF RECLAIMED WATER BETWEEN THE KING COUNTY
DEPARTMENT OF NATURAL RESOURCES AND PARKS AND THE CITY OF TUKWILA
addressing reclaimed water supply uses, obligations andrates;
Whereas the Parties agree that construction of the Reclaimed Water Line Extension will be
performed by the City and that certain costs for such construction, as set forth herein, will be
reimbursed by the County;
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
1.0 Construction of the Project
1.1. The City shall act as the lead agency for the construction of the Reclaimed Water Line
Extension ("the Project") and shall accomplish the Project as described in Exhibit A. The Citynshall obtain all necessary permits and approvals for the Project and shall comply with the State
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Environmental Policy Act (SEP A) prior to construction of the Project. The City represents that
the Project will be constructed entirely on City property and/or public right-ofway. If any part of
the Project is to be constructed on property other than City property or public right-of way, then
the City shall obtain all necessary temporary and/or permanent access easements and/or other
necessary property rights to construct the Project.
1.2. The City is preparing specifications and the County is preparing plans (drawings) for
construction of the Project. The fmal specifications shall be provided to the County for review
and approval. The City will publicly bid the Project in accordance with the City's public
contracting procedures. If the apparent low bid is approved by both the City and the County, then
the City will award a contract to the low bidder for construction of the Project. Either the City or
the County may reject all bids in accordance with the City's public procurement requirements.
1.3. Once a contract is awarded, the City will administer the Project contract, including
keeping the records and accounting for the Project and paying the Project contractor (the
"Contractor"). The City shall arrange a preconstruction conference with the Contractor after
awarding the contract and invite the County to attend and participate. The parties agree that the
Project shall be bid, contracted for and constructed in accordance with State and local law
applicable to the City's public works projects. The City shall make this Agreement available to
prospective bidders for the construction of the Project. The City shall provide the County with a
copy of the bid documents from the successful bidder.
1.4. The City shall, at no cost to the County, provide construction engineering and inspection
of the Project based upon the plans and specifications and sound engineering practice. The City
will provide copies to the County of any inspection reports for the Project.
1.5. The City shall initiate and coordinate fmal inspection of the Project and will follow
through with completion of items listed on either the City's and/or the County's punch list.
1.6. The City shall, at no additional cost, provide the County with a set of "as-built" drawings
of the Project work for its permanent records, within six (6) months of the fmal acceptance of the
Proj ect.
1.7. The City shall bill the County for the direct construction costs of the Reclaimed Water
Line Extension from the existing reclaimed water line to the golf course pond, based upon the
amount of the successful bid, with no mark up. The City will be responsible for the costs of
inspection and construction management for construction of the Reclaimed Water Line
Extension from the existing reclaimed water to the golf course pond.
1.8. Any obligations of the County beyond the current fiscal year are subject to local
legislative appropriation of funds for the specific purpose of funding this Project in accordance
with the County Charter and applicable law.
2.0. Post Construction Responsibilities
2.1. The City of Tukwila will own, operate, and maintain the 6-inch pipe from the point of
connection with the existing reclaimed water pipeline near Interurban Avenue South.
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2.2. As part of the consideration for this Agreement, once the Project is complete, the City
agrees to use reclaimed water through the Extended Reclaimed Water Pipeline as it's
primary irrigation source for Foster Golf Links.
3.0. Payment
3.1. The County agrees to reimburse the City for the actual direct cost of the construction of
the Project, without mark-up. The Parties' estimate of costs is shown in Exhibit B, Preliminary
Cost Summary, which is attached hereto and incorporated herein by this reference.
3.2. The City shall provide the County with monthly properly executed invoices showing
expenditures during the previous month on the Project. Invoices shall be based on and itemize
the Contractor's payments, equipment, materials and labor expended on the Project. Invoices
shall be documented to the reasonable satisfaction of the County. Properly documented invoices
shall be paid by the County within forty-five (45) days of receipt by the County. Notice of any
potential dispute regarding such payment request shall be made in writing within the same time
period. Payment by the County shall not constitute agreement as to the appropriateness of any
item or acceptance of the work so represented. Upon completion of the Project, all required
adjustments related to any potential dispute for which notice has been timely given shall be made
and reflected in a final payment.
3.3. Reimbursement for any costs associated with extra work or changed work must be
approved in accordance with Section 4 herein.
4.0. Changes in the Work
4.1. There may be unforeseen conditions requmng immediate resolution during the
construction phase of the Project such as construction disputes and claims, changed conditions
and changes in the construction work. Reimbursement for increased costs for construction of the
Reclaimed Water Line Extension shall be limited to costs covered by a modification, change
order or extra work order approved as follows:
4.1.1. Should it be determined that a change to the Project plans and specifications
is required for the construction of the Reclaimed Water Line Extension, the City,
through its Senior Construction Engineer shall notify the County at least five (5)
working days prior to commencing work on the changed work.
4.1.2. Any change in the Project, which would cause the direct construction costs
to exceed the Preliminary Cost Estimate set forth in Exhibit B by more than five (5)
percent shall require a binding Letter of Agreement, signed by both the City
Engineer or his/her designee and the County's Major Capital Improvements Section
Manager or his/her designee, describing the changed scope of work and the estimated
change in the direct construction cost.
4.2. In the event of a claim by the Contractor(s), each Party shall be responsible for its
proportionate share based on its proportionate responsibility for the claim. PROVIDED THAT
nothing in this Agreement shall be construed to make the County responsible for a Contractor(s)
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claim, to the extent that it is caused by the actions, inactions or responsibilities of the City and/or
its agents, employees or consultants.
5.0. Indemnification
5.1. The County shall hold harmless, indemnify and defend the City, its officers, appointed
and elected officials, employees and agents, from and against any and all claims, actions, suits,
liability, loss, expenses, damages and judgments of any nature whatsoever, including costs and
attorney's fees in defense thereof, for injury, sickness, disability or death to persons or damage to
property or business, to the extent caused by or arising out of the County's negligent or
intentional acts, errors or omissions in the performance of this Agreement and arising by reason
of the County's participation in the Project; PROVIDED, HOWEVER, that the County's
obligation hereunder shall not extend to injury, sickness, death or damage caused by or arising
out of the sole negligence of the City, its officers, elected and appointed officials, employees or
agents; PROVIDED FURTHER, that in the event of the concurrent negligence of the parties to
this Agreement, the County's obligations hereunder shall apply only to the percentage of fault
attributable to the County, its officers, officials, employees or agents; The County expressly and
specifically agrees that its obligations under this paragraph extend to any claim, action, suit,
liability, loss, expense, damage and/or judgment brought by or on behalf of any of its appointed
or elected officials, employees or agents. For this purpose, the County hereby expressly and
specifically waives, with respect to the City only, any immunity that would otherwise be
available against such claims under the Industrial Insurance provisions of Title 51 RCW.
5.2. The City shall hold harmless, indemnify and defend the County, its officers, appointed
and elected officials, employees and agents, from and against any and all claims, actions, suits,
liability, loss, expenses, damages and judgments of any nature whatsoever, including costs and
attorney's fees in defense thereof, for injury, sickness, disability or death to persons or damage to
property or business, to the extent caused by or arising out of the City's negligent or intentional
acts, errors or omissions in the performance of this Agreement and arising by reason of the
City's participation in this Project; PROVIDED, HOWEVER, that the City's obligation
hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the
sole negligence of the County, its officers, elected and appointed officials, employees or agents;
PROVIDED FURTHER, that in the event of the concurrent negligence of the parties to this
Agreement, the City's obligations hereunder shall apply only to the percentage of fault
attributable to the City, its officers, elected and appointed officials, employees or agents. The
City expressly and specifically agrees that its obligations under this paragraph extend to any
claim, action, suit, liability, loss, expense, damage and/or judgment brought by or on behalf of
any of its appointed or elected officials, employees or agents. For this purpose, the City, hereby
expressly and specifically waives, with respect to the County only, any immunity that would
otherwise be available against such claims under the Industrial Insurance provisions of Title 51
RCW.
5.3. The City shall require the Project's construction contractor(s), subcontractors and
suppliers of any tier to defend, indemnify and hold harmless the County, its officers, officials,
and employees from any and all claims, injuries, damages, losses or suits including attorney's
fees and costs, arising out of or in connection with the construction of the Project.
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5.4. The parties hereby agree that, except as expressly set forth in this Agreement, the
performance of services pursuant to this Agreement shall not constitute an assumption by the
County of any of the City's obligations or responsibilities.
6.0. Insurance
6.1. Prior to commencement of construction of the Project, the City shall cause the Contractor
to maintain the following insurance coverages and provide the County with evidence thereof:
6.1.1. General Liability. Coverage shall be at least as broad as Insurance Services
Office form number CG 00 01 covering COMMERCIAL GENERAL LIABILITY.
$1,000,000 combined single limit per occurrence and for those policies with aggregate
limits, a $2,000,000 aggregate limit including Products and Completed Operations.
ExcesslUmbrella Liability coverage may be provided to satisfy the required limits.
6.1.2. Automobile Liability. Coverage shall be at least as broad as Insurance
Services Office form number CA 00 01 covering BUSINESS AUTO COVERAGE,
symbol 1 "any auto"; or the combination of symbols 2,8, and 9. $1,000,000 combined
single limit per accident. ExcesslUmbrella Liability coverage may be provided to
satisfy the required limits.
6.1.3. Workers' Compensation. Statutory requirements of the State of residency.
Coverage shall be at least as broad as Workers' Compensation coverage, as required by
the Industrial Insurance Act of the State of Washington, as well as any similar coverage
required for this work by applicable Federal or "other States" State Law.
6.1.4. Employer's Liability or "Stop Gap". Coverage shall be at least as broad as
the protection provided by the Workers Compensation policy Part 2 (Employers
Liability) or, in states with monopolistic state funds, the protection provided by the
"Stop Gap" endorsement to the general liability policy. Limit: $ 1,000,000.
6.2. The City shall cause the insurance to be maintained until acceptance of the Project or for
such longer time as required by the City's contract with the Contractor.
6.3. The City shall cause the Contractor(s) to name the County as an additional insured under
Commercial General Liability and Business Automobile Liability Insurance with respect to
primary and non-contributory limits in accordance with a standard separation of insureds clause,
and the County shall be provided not less than 45 days prior written notice of cancellation (10
days with respect to cancellation for non-payment of premium) per RCW 48.18.290.
6.4. All insurers shall either be licensed to conduct business in the State of Washington and
rated A-:VII in the A.M. Best's Key Rating Guide or filed as a surplus lines placement by an
authorized Washington State Surplus Lines Insurance Broker. Any form of self-insured
retentions in excess of $25,000 shall be disclosed and are subject to approval by the County.
6.5. Prior to commencement of the Project, as documentation of insurance as required
hereunder, the City shall cause the Contractor(s) to provide certificates of insurance with copies
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of the actual additional insured policy endorsements or blanket additional insured wording
stating that the County is an additional insured.
7.0. The County's Relationship to the Contractor.
The City shall cause the contract between the City and the Contractor to state that for purposes of
the construction of the Reclaimed Water Line Extension, the County is a third-party beneficiary
of the contract including without limitation its indemnification provisions, and that all of the
Contractor's representations, warranties and guarantees and those of the Contractor's suppliers of
material used in the Project run to the County. Other than as stated in this paragraph with respect
to the Contractor, the Parties do not intend this paragraph, or anything in this Agreement, be
interpreted to create any obligation or liability or promise of performance to any third party,
other than the Parties, for purposes of construction of the Project. The City agrees that the
contract between the City and the Contractor shall (i) state explicitly that, with respect to the
Project, the County is a third party beneficiary of such contract and (ii) require the insurance
described in Section 6 herein. The City will give a copy of this Agreement to the Contractor.
8.0 Termination.
8.1. Either the City or the County shall have the right to terminate this Agreement by
providing written notice to the other Party prior to the award of a construction contract for the
Project.
8.2. This Agreement shall remain in effect until terminated by the mutual, written consent of
the Parties.
9.0. Project Records.
For a period not less than six (6) years from the fmal payment to the City, the City shall keep all
records and accounting pertaining to the Project available for inspection and audit by the County
and/or the State and copies of all records, accounts, documents or other data pertaining to the
Project shall be furnished upon request. If any litigation, claim, or audit is commenced, the
records and accounts along with supporting documentation shall be retained by the City until all
litigation, claim or audit finding has been resolved even though such litigation, claim, or audit
may continue past the six-year retention period.
10.0. Property.
Any real or personal property acquired or used by any Party in connection with this Agreement
will be acquired, held, and disposed of by that Party in its discretion, and other Parties will have
no joint or other interest therein. Upon termination of this Agreement, real and personal property
acquired through this Agreement shall be retained or disposed of in the manner provided by law.
11.0. Dispute Resolution.
11.1. If a dispute arises between the County and the City the Parties agree that they will
attempt to resolve the issue through mutual negotiation. In the event that the Parties are not able
to reach an agreement through such negotiation, the parties agree to engage in mediation in order
to resolve the dispute. Mediation may be requested by either Party, and shall be attempted prior
to the institution of any lawsuit arising under this Agreement. Mediation shall be conducted
under the then-current Commercial Mediation Rilles of the American Arbitration Association or,
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if such model procedure no longer exists, some other mutually acceptable procedure. The
County shall select a neutral third party mediator, who shall be subject to the reasonable approval
of the City. The parties agree to share the costs of mediation equally.
11.2. This Agreement has been made pursuant to, and shall be construed according to, the laws
of the State of Washington. In the event that mediation is unsuccessful and either party finds it
necessary to institute legal proceedings to enforce any provision of this Agreement, such
proceedings may only be brought in the Superior Court of King County, Washington. The
Parties shall have the right of specific performance of the terms of this Agreement.
12.0. Notices.
12.1. Unless otherwise directed in writing, notices, reports and payments shall be delivered to
each party as follows:
City of Tukwila:
Public Works Department
Attn: Bob Giberson, City Engineer
6300 Southcenter Blvd., Suite 100
Tukwila, W A 98188
King County:
Wastewater Treatment Division
KSC-NR-0512
Attn: Kristina Westbrook
201 S. Jackson Street
Seattle, WA 98104-3855
Notices mailed by either Party shall be deemed effective on the date mailed. Either Party may
change its address for receipt of reports, notices, or payments by giving the other written notice
of not less than five (5) days prior to the effective date.
12.2. For accounting purposes, the respective Federal Tax Identification Numbers are:
City: 91-600-1519
County: 91-6001327
13.0 Modification of Agreement.
This Agreement may be modified only by an amendment in writing signed by each party.
14.0 Other Agreements Between the Parties Remain Unchanged.
14.1. The Agreement for Sewage Disposal between the City and County will remam
unchanged by this agreement for the Foster Golf Links reclaimed water line extension.
14.2 The Parties shall comply with the terms set forth in the Agreement for the Sale and
Distribution of Reclaimed Water.
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15.0 Authority of Parties.
The signatories below certify that they have the authority to execute this Agreement and bind
their respective governments.
Exhibit A
Exhibit B
Description of Project
Preliminary Cost Summary
IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth below.
KING COUNTY
By:
Dated:
2008
Theresa Jennings
Director, King County
Department of Natural Resources & Parks
CITY OF TUKWILA
By:
Jim Haggerton, Mayor
Dated:
2008
Attest:
Jane Cantu, City Clerk
Approved as to form:
City Attorney
Approved by City of Tukwila Council, Dated:
2008
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Exhibit A
Description of Project
The general scope of the project is to extend a reclaimed water pipeline (approximately
500 lineal feet of 6- inch diameter C900 PV C with bell and spigot joints) and electrical
wire/conduit (approximately 250 lineal feet). The reclaimed water pipeline extension
will start in the vicinity of the Interurban Pump Station and end at the Foster Golf Links
irrigation pond. The electrical wire/conduit will extend between the pumphouse and the
irrigation pond level controls. The project will also include, but shall not be limited to:
. Water meter
. Pressure regulating valve
. Gate valve
. 2-inch saddle tap, quick connect and cap
. All associated pipe reducers, tees, and blind flanges
. Stilling well, pond level sensor and electrical panel
. Rock feature for reclaimed water pipe discharge
. Landscaping and asphalt restoration to original condition.
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Exhibit 8
Preliminary Cost Summary
Description
Material and Labor Subtotal
Contingency
General Contractor Overhead
General Contractor Profit
General Contractor Mark-up on Subcontractors
Bond and Insurance
B&OTax
Permit
General Conditions Allowance
GRAND TOTAL
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Cost
$56,342
$16,903
$4,234
$2,964
$980
$2,443
$386
$1,685
$6,016
$91,953
PROJECT:
DESCRIPTION:
JUSTIFICATION:
STATUS:
MAINT. IMPACT:
COMMENT:
FINANCIAL
(in $000's)
EXPENSES
Design
Land (RMI)
Const. Mgmt.
Construction
TOTAL EXPENSES
FUND SOURCES
Awarded Grant
Proposed Grant
Mitigation Actual
Mitigation Expected
Utility Revenue
TOTAL SOURCES
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2008 to 2013
Interurban Water Reuse
LINE ITEM: 401.02.594.34. .21 PROJECT NO. 92 -WTO6
Develop water reuse along the Interurban corridor with Class A treated wastewater from the Eastside
Reclamation Facility for irrigation, sewer flushing, sweeping, dust control, and other non potable uses.
Using reclaimed water is an element of the City's Water Conservation Plan as well as the Cascade Water
Transmission and Supply Plan.
King County Department of Natural Resources (KCDNR) and the City are currently completing the
assessment of crossing the river through an old 6" line in order to serve Baker Commodities.
Future maintenance and operation of the new meters, tracking and preventing cross connections.
KC Dept of Natural Resources maintains and operates a distribution pipe from the Eastside (Renton)
Reclamation Facility to the golf course.
Through Estimated
2006 2007 2008 2009 2010 2011 2012 2013 BEYOND TOTAL
15 5
17
13 110
13 15 132
0
0
0
0
13 15 132 0 0 0 0 0 0 160
13 15 132 0 0 0 0 0 0 160
Project Location
20
0
17
123
0 0 0 0 0 0 160
81