HomeMy WebLinkAboutUtilities 2008-06-02 Item 3A - Interlocal Agreement - Commodity Wholesale Agreement for Sale and Distribution of Reclaimed Water with King County
INFOR1VIATION l\1EMO
To:
From:
Date:
Subject:
Mayor Haggerton
Public W orks Directo~
May 28, 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.
BACKGROUND
The Reclaimed Water Supply Agreement was before the Utilities Committee on April 7, 2008
and has been brought back with updated exhibits.
Tukwila is on the leading edge of water reuse in King County. The Cascade Water Alliance
endorses and encourages Tukwila to utilize supplemental sources that will lessen the need to
develop new sources and at the same time keep Cascade within the allotted Seattle Public
Utilities (SPU) block of water. If Cascade stays within its allotted amount of water then it
does not incur penalties.
King County DNR and the City of Tukwila have worked out an appropriate rate structure
based on the new contracts for potable water. Tukwila's cost for reclaimed water is 80% of
SPU's new contract base price for wholesale potable water.
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 put into
effect last year by the Washington State Department of Health. The City of Tukwila has
crafted the usage agreement in such a way as to avoid jeopardizing our existing water rights on
the Duwamish River.
Reclaimed water may only be used for irrigation; commercial uses - street sweeping; dust
control; and industrial uses.
RECOMMENDATION
Authorize Mayor to sign wholesale agreement with King County for sale and distribution of
reclaimed water.
Attachments: Agreement for the Sale and Distribution of Reclaimed Water
P:\Jim\Info 052808 Reclaimed Supply Agreement.doc
1
AGREEMENT FOR THE SALE Al~D DISTRIBUTION OF RECLAIMED WATER
BETWEEN THE KING COUNTY DEPARTMENT OF NATURAL RESOURCES & 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 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 defined 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.
Reclaimed Water Distribution Agreement
Page 1
2
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.
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 ofthis Agreement,
reclaimed water shall be further defined as Class A reclaimed water.
Reclaimed Water Distribution Agreement
Page 2
3
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 defmed 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 Departments of Health and Ecology, This
Service and Use Area Contract must be consistent with the requirements ofthe 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 sanctioned Use Area as shown in Exhibit
A. The quantity of water to be delivered may be analyzed and 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
Reclaimed Water Distribution Agreement
Page 3
4
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, including, but not limited to, irrigation, commercial (street sweeping, dust
control) and industrial uses.
5.2 Use Area. Within the City of Tukwila's legal boundary.
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 ofthe Washington State Departments 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.
Reclaimed Water Distribution Agreement
Page 4
5
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 Departments 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 in Exhibit A.
7 A Restrictions on Use.
704.1 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 -7 445 that are applicable to End Use Customers, including
but not limited to Condition R7H.
704.2 Reclaimed water supplied to End Use Customers pursuant to this Agreement
shall not be used for human consumption.
704.3 The End Use Customer shall allow an authorized representative ofTukwila,
King County or ofthe Washington State Departments of Health or Ecology,
upon the presentation of credentials:
70404 To enter upon the premises where reclaimed water is distributed or used under
this contract;
Reclaimed Water Distribution Agreement
Page 5
6
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 \V ATER.
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 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.
Reclaimed Water Distribution Agreement
Page 6
7
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
1 0.1 Tukwila shall make payments to King County pursuant to the schedules contained in
Exhibit B, incorporated herein by reference.
1 0.2 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 wholesale commodity water rate shall be pursuant to the schedule
in Exhibit 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.
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.
Reclaimed Water Distribution Agreement
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8
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, 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 ofTukwila, 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:
Reclaimed Water Distribution Agreement
Page 8
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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 ofthis 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 ofthis 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
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10
17. NOTICES.
City of Tukwila:
Pat Brodin, Operations Manager
Minkler Shops
600 Minkler Blvd
Tukwila, W A 98188
(206) 433-1861
pwu til@ci.tukwila.wa.us
King County:
Sue Kaufman-Una, Reclaimed Water Lead
Wastewater Treatment Division
KSC-NR-0512
201 S. Jackson Street
Seattle, W A 98104-3855
206-684-1243
susan.kaufman-una@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 10
11
IN \VITNESS WHEREOF, King County Department of Natural Resources and the City of
Tukwila have executed this Agreement effective as ofthe date last written below.
Approved as to form:
Approved as to form:
City Attorney
KING COUNTY DEPARTMENT OF
NATURAL RESOURCES AND PARKS
CITY OF TUKWILA
By:
Title: DNRP Director
By:
Jim Haggerton, Mayor
Date:
Date:
ATTEST:
By:
City Clerk
Reclaimed Water Distribution Agreement
Page 11
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The information included on this map has been compiled from a variety of sources and is
subject to change without notice. King County makes no representations or warranties,
express or implied, as to accuracy, completeness, timelness, or rights to the use of such
information. This document is not intended for use as a survey product King County
shall not be ride for any general, special, indirect, irlcidential, or consequential damages
incb,ding, but not limited to, lost revenues or lost profits resulting from the use or misue
of the information contained on this map. Any sale of this map or 6dormation on this map
is prohibited except by wall., permission of King County.
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14
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 outlined below will be adjusted annually based
upon the SPU wholesale water customer rate commodity charge for new contracts.
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King County Reclaimed Water Off Peak Usage Charge (Sept 16 - May 15) $.83
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King County Reclaimed Water Peak Usage Charge (May 16 - Sept 16) $1.28 per
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P:\PROJECfS\A- WT Projects\92WT06 Foster Golf Reclaimed Water\Reclaimed Water Sale_Distnbution Agnnt - Attachment Rdoc
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