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HomeMy WebLinkAboutUtilities 2012-05-15 Item 2B - Agreement - Soils Reclamation Facility / King County Stormwater Decant UseCity of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee FROM: Bob Giberson, Public Works Directorffi BY: Pat Brodin, Operations Manager DATE: May 11, 2012 SUBJECT: Soils Reclamation Facilitv Project No. 9941202 King County 2010 2013 Regional Stormwater Decant Facility Use Agreement ISSUE Approve Regional Stormwater Decant Facility Use Agreement with King County for Vactor truck waste disposal. BACKGROUND Tukwila cleans approximately 19,000 lineal feet of storm pipe and 1,000 catch basins each year. On an average week the crew removes 5 to 10 yards of material from the system that must be disposed of properly. The extracted sediment contains a fair amount of water that needs to be decanted. The Department of Ecology (DOE) notified the City that, due to concerns over ground water contamination, the City needs to either construct a Soils Reclamation Facility (decant facility) that allows the decanted water to be discharged into the sewer system or decant at an existing approved Soils Reclamation Facility. DISCUSSION Developing a City of Tukwila Soils Reclamation Facility will require the acquisition of land and construction of improvements to the site. The cost is currently estimated to be $2.8 million with a minimum of several years to complete the project. A Public Works Trust Fund loan application has just recently been submitted. Another future project, the proposed joint City Maintenance Facility could be a combined project with the Soils Reclamation Facility for economy of scale, operational efficiencies, and a maximum benefit cost ratio. For the interim, the City will contract a Use Agreement with King County as there is a DOE approved King County Soils Reclamation Facility in Renton that the City will be able to utilize. FINANCIAL IMPACT Costs for disposal are estimated to be $440.00 per load and with a projected 180 loads annually, the cost could be $79,200.00 per year and we currently have $30,000.00 budgeted. This estimate does not include the added staff and equipment costs associated with transporting the material to the King County facility in Renton. As the total cost for the use of King County's decant facility will be higher than $40,000.00, Council approval is needed for the Use Agreement. As costs are only estimated for 2012, we may need a budget amendment later in the year, but will use Surface Water's ending fund balance to compensate for this overrun. RECOMMENDATION Council is being asked to approve the King County Use Agreement for the Regional Stormwater Decant Facility Program and consider this item at the May 29, 2012 Committee of the Whole and subsequent June 4, 2012 Regular meeting. Attachments: King County Use Agreement W'\PW Eng \OTHER \Pat Brodin \Info Memo KC Use Ag Decant Waste Disposal 5- 11- 12- sb.docx 2010 2013 KING COUNTY REGIONAL STORMWATER DECANT FACILITY PROGRAM Application Use Agreement (Please Type or Print) APPLICANT/AUTHORIZED USER INFORMATION Business /Agency Name CITY OF TUKWILA Owner or /Principal Executive Officer Name Jim Haqqerton Title Mayor Business /Agency Physical Address 6200 SOUTHCENTER BLVD City TUKWILA Zip 98188 Tax ID Number 91- 6001519 Telephone Number (206) 433 -1860 Fax Number E -mail Address Web Address WWW. TUKWILAWA. GOV Billing Address if different from above City TUKWILA Billing Contact Name JOHN HOWAT Billing Contact Telephone Number Day -to -Day Operations Contact Name 600 MINKLER BLVD Zip Title SUPERINTENDENT (206) 433 -1864 JOHN HOWAT Title SFW R R g TgFAcF WATE cjj pFgTNTFNDFNT Telephone Number (206) 433 -1864 Fax E -mail iohn.howat@ tukwilawa.Qov PROGRAM PURPOSE (206) 575 -3404 Cell Number (206) 571 -6312 The purpose in establishing this system of stormwater decant facilities is to provide an environmentally sound system for disposing of waste generated from the cleaning of stormwater drainage systems. King County is providing a system for the disposal of stormwater waste by constructing stormwater decant facilities open to all users, including King County agencies, other public agencies and private companies. In order to operate this system it is required that all users pay their fair share and follow standard operating procedures as laid out in this Use Agreement and the Regional Stormwater Decant Facility Program Operations and Maintenance Manual (Operations Manual). Page 1 of 9 2010 2013 KING COUNTY REGIONAL STORMWATER DECANT FACILITY PROGRAM Application Use Agreement USE AGREEMENT CONDITIONS 1. This Use Agreement is entered into between the City of Tukwila (the "Authorized User and King County (the "County This Use Agreement shall be valid from 2012 through December 31, 2013. It may be amended at any time in writing to add or subtract equipment to Attachment A of the application. Either party may terminate this Use Agreement at any time by sending written notice to the person who signed this Use Agreement for the other party. The Authorized User is responsible for paying the user fee as established by King County, including, without limitation, any user fees that are outstanding on the termination of this Use Agreement. The current fee is eighty -one dollars ($81.00) per station entry and an additional fifty -nine dollars ($59.00) per ton for solids disposal. The fee structure is set by King County Council and may be amended at its discretion. 2.1. The Authorized User acknowledges that the late payment by Authorized User to the County of any sum due under this Use Agreement will cause the County to incur administrative, collection, processing and accounting costs and expenses not contemplated under this Use Agreement, the exact amounts of which are extremely difficult and impractical to fix. Therefore, if any sum due under this Use Agreement is not received by the County from the Authorized User within thirty (30) days from the invoice date "the Delinquency Date the Authorized User shall immediately pay to the County on the Delinquency Date 'a late charge of one percent (1 of the amount of such sum. The County and the Authorized User agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to the County for its loss caused by the Authorized User's nonpayment. Should Authorized User pay said late charge but fail to pay contemporaneously therewith all unpaid sums due under this Use Agreement, the County's acceptance of this late charge shall not constitute a waiver of Authorized User's default with respect to Authorized User's nonpayment or prevent the County from exercising all other rights and remedies available to the County under this Use Agreement or under law. 2.2. Additionally, all such delinquent sums, and all late charges not paid when due, shall bear interest for each day following their Delinquency Date until paid at a percentage rate equal to the lesser of (i) one and one -half percent (1.5%) per month or (ii) the maximum rate permitted under applicable law. 2.3. Waiver of the late charge or interest with respect to any delinquent payment will not be deemed to constitute a waiver of the late charge or interest with respect to any subsequent delinquent payment. 2.4. Any payments of any kind returned for insufficient funds will be subject to an additional charge of $35.00 payable by Authorized User to the County. Page 2 of 9 2010 2013 KING COUNTY REGIONAL STORMWATER DECANT FACILITY PROGRAM Application Use Agreement 2.5. if payments are received by check or draft from Authorized User, and two (2) or more of such checks or drafts are dishonored by the bank or other financial institution they were drawn upon in any twelve (12) month period, the County may thereafter terminate this Use Agreement or require all payments due hereunder from Authorized User to the County to be made by bank cashier's or bank certified check or other similar means of payment and the County shall not be required to accept any checks or drafts of Authorized User which do not comply with such requirements. 2.6. If suit is brought upon the Authorized User's failure to pay, and if judgment in such a suit is entered in favor of the County, then the Authorized User shall pay all damages, including but not limited to costs, expenses and reasonable attorney's fees and all other litigation related expenses, incurred by the County. 3. The Authorized User certifies that it will maintain for a four -year period after each use of the facility, on the Authorized User's premises, a detailed log of all activities conducted by each vehicle that uses the facility. This log must identify all stormwater drainage systems that have been cleaned and be signed by the driver on a daily basis. This log shall be made available for inspection by King County or its assigns upon request by the Program Administrator and shall contain the information identified in the Operations Manual. 4. The Authorized User certifies that it will abide by all rules and regulations contained within the Operations Manual and that all drivers will attend training by King County DOT, prior to using any King County facility. New employees will be provided training in a timely manner. The driver is responsible for their own and any driver's helpers' activities relating to the use of the facilities. 5. In the event that any of the Authorized User's officers, employees, agents or representatives causes damage in any way to any facility or property of King County, the Authorized User covenants and agrees to pay King County the amount of damages thereby incurred by King County, together with any and all costs, legal and otherwise, including attorney's fees, incurred by King County in the determination of the nature and extent of the damage and enforcement of such obligation against the Authorized User. 6. The Authorized User will provide the Program Administrator with a copy of the User's procedures for dealing with known or suspected contaminated "hot" loads. Although the County reserves the right to review and approve such procedures, the County is under no obligation to do so, and the County assumes no responsibility for such procedures or their compliance with applicable laws, rules and regulations, which shall remain the sole responsibility of the Authorized User. 7. The Authorized User further agrees to pay all disposal costs, cleanup costs, remediation costs and other costs, if any, resulting from the delivery of contaminated materials by the Authorized User to a King County facility. For purposes of this Application Use Agreement, "contaminated" or "contaminated materials" means any hazardous, toxic or dangerous substance, waste or material which is or becomes regulated under any federal, state Page 3 of 9 10 2010 2013 KING COUNTY REGIONAL STORMWATER DECANT FACILITY PROGRAM Application Use Agreement or local statute, ordinance, rule, regulation or other law now or hereafter in effect pertaining to environmental protection, contamination, remediation or cleanup, or public health, safety or welfare, including, without limitation, any substance, waste or material which now or hereafter is designated as hazardous in or for the purposes of any federal, state or local statue, ordinance, rule or other regulation. 8. The Authorized User agrees that King County personnel may inspect its vehicles and contents at any time such inspection is requested by King County at the point of disposal. 9. The Authorized User agrees that in the event that King County determines that the Authorized User has violated any provision hereof this Use Agreement may be terminated immediately by King County. HOLD HARMLESS AND INDEMNIFICATION To the maximum extent permitted by law and except to the extent caused by the sole negligence of King County, the Authorized User shall protect, defend, indemnify, and save harmless the County, its officers, officials, employees and agents, from any and all penalties,, losses, costs, claims, judgments, and /or awards of damages, of whatsoever nature arising out of or in any way resulting from the acts or omissions of the Authorized User, its officers, employees, and /or agents incident to this Application Use Agreement. The Authorized User agrees that its obligations hereunder extend to any claim, demand, and /or cause of action brought by or on behalf of any of its employees or agents. For this purpose, the Authorized User, by mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the County incurs any judgment, award and/or cost arising therefrom, including attorney's fees, to enforce the provisions of this paragraph, all such fees, expenses, and costs shall be recoverable by the County from the Authorized User. The foregoing Hold Harmless and Indemnification provisions shall survive the expiration or termination of this Use Agreement with respect to any event that occurs prior to, or on the date of, such expiration or termination. Nothing contained within these provisions shall affect and /or alter the application of any other provision contained within this Use Agreement. INSURANCE REQUIREMENTS A. By the date of execution of this Use Agreement the Authorized User shall procure and maintain for the duration of this Use Agreement insurance against claims for injuries to persons or damages to property which may arise from, or in connection with the performance of work hereunder by the Authorized User, its agents, representatives, employees, and/or subcontractors. The cost of such insurance shall be paid by the Page 4 of 9 11 2010 2013 KING COUNTY REGIONAL STORMWATER DECANT FACILITY PROGRAM Application Use Agreement Authorized User. For All Coverages: Each insurance policy shall be written on an "Occurrence" form. By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Authorized User under this Use Agreement. The Authorized User shall assess its own risks and, if it deems appropriate and /or prudent, maintain greater limits and /or broader coverage. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded, which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained within these provisions shall affect and /or alter the application of any other provision contained within this Use Agreement. B. Minimum Scone of Insurance Coverage shall be at least as broad as: 1. General Liability: Insurance Services Office form number (CG 00 01 Ed. 11 -88) covering COMMERCIAL GENERAL LIABILITY. 2. Automobile Liability: Insurance Services Office form number (CA 00 01 Ed. 12 -90) covering BUSINESS AUTO COVERAGE, symbol 1 "any auto or the combination of symbols 2, 8, and 9. 3. Workers' Compensation: Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington. 4. Employers Liability or "Stop- Gap 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. C. Minimum Limits of Insurance The Authorized User shall maintain limits no less than, for: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, and for those policies with aggregate limits, a Page S of 9 12 2010 2013 KING COUNTY REGIONAL STORMWATER DECANT FACILITY PROGRAM Application Use Agreement $2,000,000 aggregate limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation: Statutory requirements of the State of residency. 4. Employers Liability or "Stop Gap" coverage: 1,000,000 limit of liability D. Deductibles and Self- Insured Retention Any deductibles or self- insured retention must be declared to, and approved by, the County. The deductible and/or self insured retention of the policies shall not limit or apply to the Authorized User's liability to the County and shall be the sole responsibility of the Authorized User. E. Other Insurance Provisions The insurance policies required in this Use Agreement are to contain, or be endorsed to contain the following provisions: 1. General and Automobile Liability Policy(s): a. The County, its officers, officials, employees and agents are to be covered as additional insured as.respects: liability arising out of activities performed by or on behalf of the Authorized User in connection with this Use Agreement. b. To the extent of the Authorized User's negligence, the Authorized User's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees and agents. Any insurance and /or self insurance maintained by the County, its officers, officials, employees or agents shall not contribute with the Authorized User's insurance or benefit the Authorized User in any way. c. The Authorized User's insurance shall apply separately to each insured against whom a claim is made and/or lawsuit is brought, except, with respect to the limits of the insurer's liability. 2. All Policies: Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except by the reduction of the applicable aggregate limit by claims paid, until after forty -five (45) days prior written notice has been given to the County. Page 6 of 9 13 2010 2013 KING COUNTY REGIONAL STORMWATER DECANT FACILITY PROGRAM Application Use Agreement P. Acceptability of Insurers Unless otherwise approved by the County, Insurance is to be placed with insurers with a Bests' rating of no less than ANIII, or, if not rated with Bests', with minimum surpluses the equivalent of Bests' surplus size VIII. If at any time, any of the foregoing policies shall be or become unsatisfactory to the County, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the County, the Authorized User shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with the appropriate certificates and endorsements, for approval. G. Verification of -Coverage The Authorized User shall furnish the County with certificates of insurance and endorsements required by this Use Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on forms approved by the County and are to be received and approved by the County prior to the commencement of activities associated with this Use Agreement. The County reserves the right to require complete, certified copies of all required insurance policies at any time. H. Subcontractors The Authorized User shall include all subcontractors as insured under its policies, and/or shall furnish separate certificates of insurance and policy endorsements from each subcontractor. Insurance coverage provided by subcontractors, as evidence of compliance with the insurance requirements of this Use Agreement shall be subject to all of the requirements stated herein. I. Municipal or State Azencv Provisions If the Authorized User is a Municipal Corporation or an agency of the State of Washington and is self insured for any of the above insurance requirements, a certification of self insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this section. Page 7 of 9 14 2010 2013 KING COUNTY REGIONAL STORMWATER DECANT FACILITY PROGRAM Application Use Agreement CASH DEPOSIT The applicant shall, at the time it submits this application, deposit with the County, and shall maintain during the entire term of this Use Agreement, a non interest bearing cash deposit as follows: fifteen- hundred dollars ($1,500.00) payable to King County DOT. King County may increase or decrease the amount of the deposit on thirty (30) days written notice to the Authorized User. If King County increases the amount, the Authorized User shall deposit the amount of the increase with King County no later than thirty (30) days after the date of the County's written notice. If King County decreases the amount, King County shall refund the amount of the decrease to the Authorized User. This deposit shall be used to ensure payment of monthly billings, costs associated with disposal of contaminated materials, damages to the facility or other County property, and any other amounts due the County by the Authorized User, and may be utilized by King County when the amount payable by the Authorized User to King County is delinquent. Neither the payment of said deposit to King County, nor King County's utilization of the deposit, shall limit the Authorized User's liability to King County for the payment of amounts due the County by the Authorized User in excess of the amount covered by said deposit. If the County utilizes the cash deposit, authorization to use the facilities may be suspended and use privileges will not be reinstated until deposit levels are restored to the original amount and all outstanding bills have been paid. The amount remaining in the deposit will be returned to the Authorized User when this Use Agreement expires or terminates and all outstanding claims are satisfied. A waiver of the cash deposit may be granted to public agencies. Page 8 of 9 15 2010 2013 KING COUNTY REGIONAL STORMWATER DECANT FACILITY PROGRAM Application Use Agreement Terms of the Regional Stormwater Decant Facility Program 2010 2013 Application Use Aiireement have been read and agreed to by: /�lIJ Signature of owner or principal executive Date officer Print name Titlej A. Compan} THE FOLLOWING CHECKED ITEMS MUST BE INCLUDED IN YOUR APPLICATION PACKET: X Pages 1 9 of the Application Use Agreement X Attachment A Vehicle Identification Information X Certificate of Liability Insurance X Contaminated Load Procedure (See 2.6) L Fifteen- hundred dollar ($1,500.00) deposit (Checks or money orders. Make checks payable to: King County DOT) Copy of Reseller Permit if this applies to your company SEND COMPLETED APPLICATION TO: Louise Pitell King County Roads Maintenance Section Regional Stormwater Decant Facility Program 155 Monroe Ave NE Renton, WA 98056 -4199 Approved by Date Program Administrator, Roads Maintenance Section King County Road Services Division Approved by Date Finance Manager, Finance Unit King County Road Services Division Page 9 of 9 16 Attachment A King County Regional Stormwater Decant Facility Program 2010 2013 Application Use Agreement DATE: March 6, 2012 BUSINESS /AGENCY NAME: CITY OF TUKWILA VEHICLE IDENTIFICATION INFORMATION Truck #1 Truck #2 Vehicle License Plate 25198D 49212D Number /State VIN Number 1HTGGAHT7XH643524 1HTWXAHT99J117600 Truck Year /Make* 1998 INTERNATIONAL 2009 INTERNATIONAL CAB /CHASSIS CAB /CHASSIS 7600 Unit Year /Make* 1998 Vactor 2009 Vactor Vehicle Color, Distinguishing Blue White Marks Company ID No. #1309 #2311 Max. Unit Capacity 10 Yards /1300 Gallons 10 Yards /1300 Gallons CYDS Gallons All Trucks and Units must have the following capabilities: 1) Ability to discharge liquids and solids separately. 2) Total capacity for liquid not to exceed 3,000 gallons. 3) Company name on both sides of truck visible from 100 feet. Truck #3 17 ASHiNGTON MOTOR VEHICLE INSURANCE IDENTIFICATION CARD WASHINGTON MOTOR VEHICLE INSURANCE IDENTIFICATION CARD MPANY NAME: SHINGT'ON CITIES INSURANCE AUTHORITY F INSURED- RISK, POOL I IA MEMBER 1 of 9 A t a i the minimum c4ve,rpr6viEltd by flits policy meet I$y lime pre by tttw. f AE OF INSURED: EFFEftVE DATE wile t1NTtL CANCEL''LEr1 rllcable with respect to the following vehicle: t MAKE MODEL VEHICLE IDENTIFICATION NUMBER p9 Intem tit crol Vactor lH1WXA109J117600 C SEE CITY EMPLOYEE MESSAGE ON REVERSE SIDE E CITY EMPLOYEE MESSAGE: 1. Give immediate assistance. 2. Record all details of the incident, to include names, time, exact location (take pictures if possible). Be observant and accurate. 3. Fill out an incident report as soon as possible and forward it to your supervisor. 4. In the event of an incident involving serious injury, a fatality, or large property loss occurring AFTER regular working hours, call Evergreen Adjustment Service at 1- 800 933 -4235 5. Do not admit liability or state that the city will take care of the damages. 6. Do not discuss the incident with anyone other than your supervisor or other authorized personnel. YEAR MAKE MODEL VtHtLLt IUtNI ItK.AI IUIe NUMe t 1998 Teti m 1,, i m al Vaster I=ANT7XH643524 SfE CITY EMPLOYEE MESSAGE ON REVERSE SIDE CITY EMPLOYEE MESSAGE: 1. Give immediate assistance. 2. Record all details of the incident, to include names, time, exact location (take pictures if possible). Be observant and accurate. 3. Fill out an incident report as soon as possible and forward it to your supervisor. 4. In the•eventof an incident involving serious injury, a fatality, or large property loss occurring AFTER regular working hours, call Evergreen Adjustment Service at 1- 800 933 -4235 5. Do not admit liability or state that the city will take care of the damages. 6. Do not discuss the incident with anyone other than your supervisor or other authorized personnel. 18 COMPANY NAME: Address of claims office: WASHINGTON CITIES INSURANCE AUTHORITY Address of claims office: PO Box 88030 Tukwfia�WA98 }3B� SELF INSURED RISK POOL PO Box 88030 Tukwila, WA48}38 (2t16? »S 6046 WCIA MENIBER 1,of 9 (206);575 504& mtjs port' The coverairpLed by lfils pclkY meets the minimum T b� L he A' City Half fl t before` liabili hmlM prescribed by taw. e:l 4 m s l I art fo 04 alf' t bef calling the Claims Offic calling tfieClalin Offlt` NAME OF INSURED- EFFECTIVE DATE t i i y Tukwila j i UNTIL CANCELLktl i i j j L y Applicable with respect to the following vehicle: t MAKE MODEL VEHICLE IDENTIFICATION NUMBER p9 Intem tit crol Vactor lH1WXA109J117600 C SEE CITY EMPLOYEE MESSAGE ON REVERSE SIDE E CITY EMPLOYEE MESSAGE: 1. Give immediate assistance. 2. Record all details of the incident, to include names, time, exact location (take pictures if possible). Be observant and accurate. 3. Fill out an incident report as soon as possible and forward it to your supervisor. 4. In the event of an incident involving serious injury, a fatality, or large property loss occurring AFTER regular working hours, call Evergreen Adjustment Service at 1- 800 933 -4235 5. Do not admit liability or state that the city will take care of the damages. 6. Do not discuss the incident with anyone other than your supervisor or other authorized personnel. YEAR MAKE MODEL VtHtLLt IUtNI ItK.AI IUIe NUMe t 1998 Teti m 1,, i m al Vaster I=ANT7XH643524 SfE CITY EMPLOYEE MESSAGE ON REVERSE SIDE CITY EMPLOYEE MESSAGE: 1. Give immediate assistance. 2. Record all details of the incident, to include names, time, exact location (take pictures if possible). Be observant and accurate. 3. Fill out an incident report as soon as possible and forward it to your supervisor. 4. In the•eventof an incident involving serious injury, a fatality, or large property loss occurring AFTER regular working hours, call Evergreen Adjustment Service at 1- 800 933 -4235 5. Do not admit liability or state that the city will take care of the damages. 6. Do not discuss the incident with anyone other than your supervisor or other authorized personnel. 18 City o f Akwila Public Works Maintenance Department CONTAMINATED LOAD PROCEDURE PURPOSE: To identify, handle and dispose of suspected and /or obvious contaminated materials. POLICY STATEMENT: As of this time, the City of Tukwila is not Licensed to carry hazardous materials. Our operators are instructed that if there is an oily residue, if it looks suspicious, or an unfamiliar odor is emitting from the structure it must be tested before we can clean it. If the load is unsafe, we cannot proceed. The City of Tukwila refers this work to a licensed vendor. Any liquid loads that may be contaminated with oil, gasoline, or grease will not be disposed of at King County Regional Stormwater Decant Station. 600 A[inkler Boulevard Tukwila, Washington 98188 Phone: 206- 433 -1860 Fax: 206 -575 -3404 19