HomeMy WebLinkAboutUtilities 2008-04-07 Item 3B - Interlocal Agreement - Reclaimed Water Sale and Distribution with King County
INFORMATION MEMO
To:
From:
Date:
Subject:
Mayor Haggerton
Public Works Director ~
April 3, 2008
Sale and Distribution of Reclaimed Water
Commodity Wholesale Agreement
ISSUE
Approve reclaimed water supply agreement with King County for the sale and distribution
of reclaimed water for sanctioned uses within 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 Renton),
produces effluent that is further treated to produce Class A reclaimed water. A reclaimed
water supply main starting at the treatment plant goes behind Fort Dent to Interurban
Avenue and ends at the southerly portion of Foster Golf Links. The city currently uses
reclaimed water at Fort Dent for irrigation, streetscape watering near Riverside Casino,
and at a purple hydrant near the George Long facility.
King County DNR and the City of Tukwila have worked out an appropriate rate structure
based on the new contracts for potable water. The cost to the City of Tukwila for
reclaimed water is 80% of the Seattle Public Utilities new contract base for wholesale
potable supplies (see Attachment B). Tukwila is one of the only Puget Sound agencies
that remain on the leading edge of implementing projects to help promote reclaimed water
and ways to use it. Reclaimed water is now a key part of Tukwila's Water
Comprehensive System Plan to help meet supply and conservation goals required as part
of the new Municipal Water Law recently put into effect last year by the Washington State
Department of Health. Tukwila recently passed an ordinance to adopt conservation
measures that include reclaimed water prior to the end of 2007.
RECOMMENDATION
Authorize the Mayor to sign a wholesale agreement with King County for the sale and
distribution of reclaimed water.
Attachments: Sale and Distribution Agreement
Attachment B
P:\PROJECT$\A- \VT Projects\92WT06 Foster Golf Reclaimed Water\Inf Memo - Reclaimed Water Sale_Distribution Agreement 403-0B.doc
AGREEMENT FOR THE SALE AND DISTRlBUTION OF RECLAIMED WATER
BETWEEN THE KING COUNTY DEPARTMENT OF NATURAL RESOURCES AND
PARKS AND
THE CITY OF TUKWILA
THIS 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.
1.2.
1.3.
1.4.
1.5.
1.6.
1.7.
1.8.
King County operates the South Reclamation Plant (the "Plant"), a municipal
wastewater treatment facility performing the function of metropolitan water.
pollution abatement as authorized under RCW 35.58.050(1); and
The Plant produces effluent, a by-product of secondary treatment of wastewater
and water pollution abatement, which may be treated further to produce reclaimed
water, as that term is defIned in the Reclaimed Water Act, RCW 90.46.010(4);
and
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
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.
King County has developed a reclaimed water facility at its South Reclamation
Plant, where it produces Class A reclaimed water.
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
King County will supply reclaimed water to Tuk\vila for use within the City.
The City will effectuate the purposes ofthe Reclaimed \Vater Act, Ch. 90.46
RCW, implement the Water Reclamation and Reuse Standards (September 1997)
Reclaimed Water Distribution Agreement
Page 1
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.
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 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 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 wastewater effluent
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, such that it is no longer considered
wastewater. For the purpose of this Agreement, reclaimed water shall be further
defmed as Class A reclaimed water.
Reclaimed Water Distribution Agreement
Page 2
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).
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 defmed 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 Attachment 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.
Reclaimed Water Distribution Agreement
Page 3
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 revisions adopted by the Department of Ecology
and the Department of Health, as defined in RCW 90.46.010(4), 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 -7 445.
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;
Reclaimed Water Distribution Agreement
Page 4
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 a
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 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 are applicable to End
Use Customers, including but not limited to Condition R7H.
Reclaimed Water Distribution Agreement
Page 5
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 ofTukwila,
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. RESPONSIBILITY FOR PRODUCTION, DISTRIBUTION 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.
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 6-inch and 4-inch reclaimed water
line for 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 ovm 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
Reclaimed Water Distribution Agreement
Page 6
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.
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 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 shO\vn in Attachment B.
11. INTERRUPTION OF DELIVERY fUTILIZA TION OF SERVICE
Reclaimed Water Distribution Agreement
Page 7
11.1 lithe 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 twenty-four (48) hours in advance.
Where advance notice is not possible, within twenty-four (24) hours of the event
rendering the King County reclamation plant inoperative, King County will notify
Tukwila and the end use customers as soon as possible.
11.3 In the event King County cannot deliver reclaimed water as specifIed under this
Agreement in 11.1.4, 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 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 and Tukwila on an individual basis. The
negotiated back-up water source for each future end use customer will be added to
Attachment A as new end use customers are added.
Reclaimed Water Distribution Agreement
Page 8
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.
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.
Reclaimed Water Distribution Agreement
Page 9
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.
Reclaimed Water Distribution Agreement
Page 10
17. NOTICES.
City of Tukwila:
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.
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.
Reclaimed Water Distribution Agreement
Page 11
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 fonn:
Approved as to fonn:
City Attorney
KING COUNTY DEPARTMENT OF
NATURAL RESOURCES AND PARKS
By:
Title: Date
CITY OF TUKWILA
By:
Title: Mayor
ATTEST:
By:
Date
City Clerk
Reclaimed Water Distribution Agreement
Page 12
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.
..Sel;rCurrelitWfiC)lesal~,
"(~~~'~~~~:{'~.Ht~~~~/'~ij~~.
- - - --
.~c- _,,,-;; -.~
Reclaimed Water Com modi
King County Reclaimed Water Off Peak Usage Charge (Sept 16 - May 15) $.83
erCCF
King County Reclaimed Water Peak Usage Charge (May 16 - Sept 16) $1.28 per
CCF