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HomeMy WebLinkAbout12-083 - King County / Bravo Environmental - Reclaimed Water Service and Use Area12 -083 Council Approval N/A RECLAIMED WATER SERVICE AND USE AREA AGREEMENT BETWEEN BRAVO ENVIRONMENTAL, CITY OF TUKWILA, AND KING COUNTY This Reclaimed Water Service and Use Area Agreement is made and entered into this /to day of 2012, between Bravo Environmental, a Washington corporation (`Bravd"Q), the City of Tukwila, a Washington municipal corporation (the "City and King County, a political subdivision of the State of Washington (the "County together referred to as the "Parties." 1. RECITALS 1.1 Washington State law encourages the use of reclaimed water "to replace potable water in non potable applications, to supplement existing surface and groundwater supplies, and to assist in meeting the future water needs of the State and 1.2 King County has authority to produce and distribute reclaimed water in accordance with the most recent Reclaimed Water Permit Number ST -7445 issued by the State Department of Ecology on September 30, 2009, and effective November 1, 2009, as amended or modified from time to time (the "County Permit and 1.3 King County and the City entered into an Agreement for the Sale and Distribution of Reclaimed Water dated September 11, 2008; and 1.4 Bravo desires to purchase reclaimed water from the City of Tukwila for multiple municipal and construction purposes. Bravo will transport the reclaimed water in tank trucks that will be filled at a reclaimed water hydrant owned by the City; and 1.5 The use of reclaimed water is regulated by the Permit, state and local laws, regulations and standards governing the delivery and use of Class A Reclaimed Water; and NOW, THEREFORE, in consideration of the recitals and the mutual promises and covenants contained herein, the County and City agree to supply reclaimed water and Bravo agrees to purchase reclaimed water on the following terms and conditions: 2.0 SUPPLY AND SALE OF RECLAIMED WATER 2.1 The County and the City agree to sell Class A Reclaimed Water (as defined in Exhibit B) to Bravo only on the terms and conditions set forth herein and only for the uses and purposes identified in Exhibit C, as may be modified in accordance with the procedure set forth in Section 3.13 of this agreement. The County and City make no representation concerning the quality of the reclaimed water and makes no express or implied warranties whatsoever. 0 7W)P a f .3 a /GiAJA -(-5 Bravo Environmental Reclaimed Water Service and Use Area Agreement 2.2 The reclaimed water will be available at the hydrant owned by the City near the Interurban Pump station at 13980 Interurban Avenue South (the "Fill Location Bravo will access the reclaimed water using a City supplied access code or key card to use the hydrant. The reclaimed water hydrant fill station location is shown in Exhibit A. 2.3 The City has installed and will maintain a reclaimed water meter at the hydrant, to provide accurate measurement of the quantity of reclaimed water supplied to Bravo. Reclaimed water will be available for use at the Fill Location 24 hours a day during the time of year indicated in Exhibit C. 2.4 The reclaimed water flow rate and volume available to Bravo is shown in Exhibit C. 2.5 Cross connection prevention procedures and equipment must be used when filling the truck at the hydrant to prevent any contamination of the reclaimed water source. The City will provide a hose at the Fill Station for sole use in filling the tank truck with reclaimed water. The truck shall only be filled with reclaimed water at the top of the tank using an air gap to prevent back flow. 2.6 The truck filling must be monitored by Bravo personnel to ensure that the truck is not overfilled and spillage does not occur. At no time may the reclaimed water enter waters of the state. If reclaimed water is spilled, used improperly, or enters waters of the state, Bravo shall notify those identified in Section 12 within 4 hours of the occurrence. 2.7 In the event of a natural disaster, fire, storm, flood, earthquake or similar occurrence, an order by a regulatory body or court, the need for emergency repairs or other necessary work, or whenever the public health or safety so demands, the County and the City may change, reduce or limit the time for or temporarily discontinue the supply of Class A Reclaimed Water to Bravo. Before so changing, reducing, limiting or discontinuing the supply of Class A Reclaimed Water to Bravo, the County shall, insofar as practicable, notify Bravo and the City. The County and the City shall not be responsible for any increased cost from interruption or change of the Class A Reclaimed Water supply, or for any damages incurred by Bravo arising out of the use or transportation of the Class A Reclaimed Water. In the event that the County and/or City cannot deliver Class A Reclaimed Water to the Fill Location for more than ninety (90) days then the County and City may terminate this agreement and shall be under no further obligation to provide Class A Reclaimed Water or a back -up water source under this Agreement. In the event of such termination, Bravo shall have no cause of action, in law or in equity, against the County or City. Bravo Environmental Reclaimed Water Service and Use Area Agreement 2 3.0 RESTRICTIONS ON USE OF RECLAIMED WATER 3.1 Subject to the terms and conditions of this Agreement, Bravo may use the Class A Reclaimed Water only for those uses identified in Exhibit C. Bravo's use of the Class A Reclaimed Water shall conform to all requirements of the Reclaimed Water Criteria as defined in Exhibit B. A copy of the Reclaimed Water Criteria is available for review by Bravo. 3.2 For purposes of this Agreement the term "Use Area" shall mean the approved geographic area(s) described in Exhibit C. The term "Use Location" or "Use Locations" shall mean the individual sites or properties within the approved Use Area on which reclaimed water may be used. Bravo may use reclaimed water only in the approved Use Area. The Use Locations shall be recorded by Bravo in a log, substantially in the form attached as Exhibit D and submitted annually by December 15 of that year to the City and County. 3.3 Bravo shall not sell, transfer, gift or convey the reclaimed water to any person or Pty• 3.4 Bravo shall not discharge or release or allow the discharge or release of reclaimed water to any surface water body directly or indirectly through a storm water or wastewater discharge system from any Use Location. If reclaimed water is combined with storm water or wastewater during cleaning operations, that resulting water is then considered a wastewater, not reclaimed water or storm water, and it shall be discharged in strict accordance with federal, state and local laws. If storm water cleaning is an approved use listed in Exhibit C, devices such as plugs or other measures must be used to prevent used reclaimed water and sediments from entering into any surface water body. 3.5 Per the Reclaimed Water Criteria as defined in Exhibit B, the public and employees shall be notified of the use of reclaimed water at all Use Locations. When reclaimed water is being used on private property, Bravo shall notify the property owner prior to reclaimed water use. 3.6 Bravo is responsible for transporting the water from the Fill Location to Use Locations in a properly functioning tank truck. Tank trucks and other equipment used to distribute reclaimed water shall be clearly identified with advisory signs in compliance with the Reclaimed Water Criteria. Prior to a tank truck's first use for transporting reclaimed water, it shall be inspected and approved for such use by the County or the City. Bravo shall ensure that its truck, tank and equipment are in good working order, maintained regularly and kept free of leaks. Bravo shall establish and implement water tank cleaning and disinfect procedures to maintain reclaimed water quality to the Use Location. 3.7 Bravo shall ensure that there are no cross connections at the Use Locations of potable water and reclaimed water. Bravo shall ensure that there are no cross connections with any potable water systems, including hose bibs during tank Bravo Environmental Reclaimed Water Service and Use Area Agreement filling. Tank trucks used to transport reclaimed water shall not be filled through onboard piping or hoses that may subsequently be used to fill tanks with water from a potable water supply or for vactoring wastewater, storm water, or sediments. Tank trucks used to transport reclaimed water shall not be used to transport potable water that is used for drinking or other potable purposes. Bravo shall enact necessary procedures and install appropriate cross connection control devices for all potable water lines (if any) at the Use Location or alternative truck fill locations in accordance with the Reclaimed Water Criteria defined in Exhibit B. The tank truck shall only be filled with reclaimed water or potable at the top of the tank using an air gap to prevent back flow and cross connection. 3.8 Bravo shall ensure that all reclaimed water tank trucks are tagged or labeled to warn the public and/or employees that reclaimed water is not produced or intended for drinking. Bravo shall ensure that all trucks transporting reclaimed water are secured in a manner such that only personnel trained in proper reclaimed water use have access to their use. 3.9 Bravo will dispose of all contaminated cleaning waters properly and legally. If hydro- excavation is an approved use in Exhibit C, it shall not be used for excavating potable water pipes. In addition, the hydro- excavated material shall be decanted prior to disposal. The liquid fraction shall be discharged to the sewer or a septage receiving station and in accordance with local and state laws. The solids fraction shall be dry enough to meet local land disposal requirements if this disposal option is used. Alternatively, if the solids are land applied they shall be applied in a manner not to affect the groundwater. 3.10 Bravo shall ensure that reclaimed water is used in such a manner to avoid ponding on the ground or runoff of reclaimed water. 3.11 Bravo shall ensure that all employees or volunteers using reclaimed water have completed training in the requirements for appropriate use of the reclaimed water provided by King County and/or the City. 3.12 Precautions shall be taken to ensure that reclaimed water or reclaimed water mist shall not be sprayed on people, any facility, drinking water fountains or public eating areas. 3.13 If Bravo is not in breach of any term or condition of this Agreement and if the City concurs, then Bravo may, during the term of this Agreement, propose a modification to the reclaimed water uses and/or to the Use Areas described in Exhibit C of this Agreement, by submitting to the County a written request for modification of reclaimed water use and /or of the Use Area, setting forth a description of the proposed modification, the purpose of the modification, and the proposed quantity, flow rate, and desired availability of Class A Reclaimed Water requested for the proposed modification. The County will review the Request for Modification of Reclaimed Water Use and/or Use Area and either approve or Bravo Environmental Reclaimed Water Service and Use Area Agreement 4 deny the request. The County's decision to approve or deny the request for Modification of Reclaimed Water Use and/or Use Area shall be in the County's sole and absolute discretion. This is because King County is the Reclaimed Water Permit holder and must comply with the terms and conditions of the State issued permit, which includes approved uses and use areas. Bravo shall not use reclaimed water for uses or in Use Areas except as identified in Exhibit C without the prior written approval of the County which approval may be withheld in the County's sole and absolute discretion. For purposes of this paragraph the City shall acknowledge its concurrence in Bravo's proposed request for Modification to the Reclaimed Water Use and/or Use Areas by submitting a written notice of concurrence, signed by the City Administrator or his or her authorized designee. City Council action shall not be required to effect a modification under this Section 3.13. If the County approves the proposed modification of reclaimed water use and/or Use Area, then the County shall revise Exhibit C to this Agreement to reflect the approved modification to reclaimed water use and/or Use Area (the "Revised Reclaimed Water Use" or "Revised Use Area" and shall send the revised Exhibit C to the Parties at the addresses set forth in Section 12 below. The Revised Reclaimed Water Use and/or Revised Use Area shall become effective on the date of the County's transmittal of the revised exhibits. Bravo shall bear any and all costs associated with any and all requests for Modification of Reclaimed Water Use and/or Use Area. The County is, and shall be, under no obligation, directly or indirectly, to pay for any labor, material, or improvements associated with any change in reclaimed water use. 4.0 RIGHT OF ENTRYANSPECTION Representatives from the Departments of Health and Ecology, King County, and /or the City shall have authority to inspect the Use Locations and to terminate use of reclaimed water for any violation of the Reclaimed Water Criteria as defined in Exhibit B, or any term or condition in this Agreement. 5.0 PRICE OF RECLAIMED WATER 5.1 During the term of this Agreement, Bravo shall pay the City an agreed upon rate identified in Exhibit E for the volume measured at the reclaimed water Fill Station. 5.2 The price charged by the City for the use of the reclaimed water may change throughout the term of this Agreement. Bravo shall be charged a rate for the reclaimed water that is 80% of the City of Tukwila water rate for retail commercial customers. Reclaimed water rates shall be adjusted annually; on the same date new retail commercial potable water rates are implemented. Bravo Environmental Reclaimed Water Service and Use Area Agreement 5 5.3 The City shall bill Bravo on a monthly basis and Bravo shall pay the amount due based upon the metered flow and the water rate then in effect as described in section 5.2. 5.4 In the event of non payment for sixty (60) days after mailing of invoice, the City and/or the County may inactivate the key card or password access to the reclaimed water hydrant. This remedy is in addition to all other remedies. 5.5 Bravo shall provide to the County and the City all requested documentation and records, including, but not limited to, reclaimed water use quantities, methods and locations of application, and other information required by the County as part of the County's annual regulatory reporting and five year permit submittal process. 6.0 WATER RIGHTS No water right is created by this Agreement. 7.0 COMPLIANCE WITH LAWS GOVERNING RECLAIMED WATER 7.1 Bravo agrees that it will comply with all applicable federal, state and local laws, regulations and standards governing the use of Class A Reclaimed Water. 7.2 Bravo's use of Class A Reclaimed Water must meet all applicable requirements contained in the Reclaimed Water Criteria defined in Exhibit B. 7.3 A violation of these terms and conditions or of State standards and regulations may result in termination of Class A Reclaimed Water service under this Agreement. 8.0 WARRANTY DISCLAIMER City and County make no warranties as to the quality or quantity of reclaimed water delivered to Bravo pursuant to this agreement. City, County, and Bravo agree that the implied warranties of merchantability and fitness for a particular purpose and all other warranties, express or implied, are excluded from this transaction and do not apply to the reclaimed water sold hereunder. 9.0 INDEMNIFICATION To the maximum extent permitted by law, Bravo shall hold harmless, indemnify and defend the City and the County from any claims, suits, actions, losses, penalties, judgments, and awards for damages of any kind arising out of or in connection with the use of Class A Reclaimed Water provided under this Agreement, except to the extent arising out of the sole negligence of the City and/or the County. Bravo Environmental Reclaimed Water Service and Use Area Agreement 6 10.0 INSURANCE 10.1 Contractor shall obtain insurance of the types and with the limits described below: Automobile Liabilitv insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liabilitv insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City and County shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed under this Agreement using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. Workers' Comnensation coverage as required by the Industrial Insurance laws of the State of Washington. 10.2 Certificates of coverage evidencing the insurance requirements set forth shall be delivered to the City and County within fifteen (15) days of execution of this Agreement. 10.3 The Contractor shall provide the City and County and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City or County may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, the City may, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. Bravo Environmental Reclaimed Water Service and Use Area Agreement 7 11.0 TERMINATION This Agreement may be terminated immediately for cause, including but not limited to non payment of water charges or a violation of the requirements described in Sections 2, 3, 4, 5, and 7 of this Agreement. This Agreement may also be terminated upon thirty (30) days written notice by the County and/or City if the County and/or City cannot deliver Class A Reclaimed Water to the reclaimed water Fill Station for more than ninety (90) days as described in Section 2.7 of this Agreement. 12.0 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 5 years, unless terminated earlier as allowed herein. 13.0 NOTICES Any notices required or authorized herein shall be in writing and shall be deemed to have been duly given if delivered personally, sent by nationally recognized overnight delivery service, or sent by registered or certified mail if mailed or deposited in the United States mail, return receipt requested, postage prepaid to the Parties at the addresses listed below. Bravo Environmental: JR LeSure City of Tukwila: ATTN: Operations Manager Bravo Environmental NW, Inc. 6437 South 144th St Tukwila, WA 98168 (425) 424 -9000 jrlesure@bravonw.com King County: For contractual related notices: Kristina Westbrook ATTN: Reclaimed Water Engineer Wastewater Treatment Division KSC -NR -0512 201 S. Jackson Street Seattle, WA 98104 -3855 206 296 -5279 kristina.westbrook @kins?county. eov Pat Brodin ATTN: Operations Manager City of Tukwila 600 Minkler Blvd Tukwila, WA 98188 (206) 433 -1861 pat.brodin@tukwilawa.gov For reclaimed water notices: Robert Waddle ATTN: East Section Manager South Treatment Plant RTP -NR -0100 1200 Monster Rd SW Renton, WA 98057 206 684 -2408 robert.waddle@kingcounty.gov or to such other addresses as the Parties may from time to time designate in writing and deliver in a like manner. Notices may also be given by facsimile transmission (provided the fax machine has printed a confirmation of receipt). Bravo Environmental Reclaimed Water Service and Use Area Agreement All notices that are mailed shall be deemed received three (3) business days after mailing. All other notices shall be deemed complete upon actual receipt or refusal to accept delivery. 14.0 ASSIGNMENT This Agreement may not be assigned by Bravo and may not be transferred to a location or for a purpose not authorized under this Agreement without the express written consent of the County. 15.0 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. 16.0 AMENDMENT Except as provided in Section 3.13 above, this Agreement may be amended only by an instrument in writing duly executed by all of the Parties to this Agreement. 17.0 GOVERNING LAW; VENUE This Agreement shall be governed by and construed and enforced in accordance with Washington law and the Parties agree that for any legal action or proceeding, venue shall be in King County Superior Court, in Seattle Washington. Bravo Environmental Reclaimed Water Service and Use Area Agreement 9 18.0 AUTHORITY Each individual signing this Agreement warrants that he or she has the authority to enter into this Agreement on behalf of the Party for which that individual signs. IN WITNESS HEREOF the undersigned, being duly authorized, have caused this Agreement to be executed on the dates shown below. CITY OF TUKWILA BY: Title: Jim g erton, Date: -7 1 9//A Approved as to form BY: G r, Title: City Attorney Date: —L -I- I v KING C vi Tit le: W stewater Treatment Division Director Date: BRAVO E IROMENTAL BY:w Title:�o -6e j Date: 7h j� T Approved as to f Im BY: Title: King Count rosecuting Attorneys Office Date: G Exhibits A Reclaimed Water Fill Station Location B Definitions C Approved Uses, Use Areas, Quantity, Flow Rate, and Availability of Reclaimed Water D Documentation Log E Rate and Price for Reclaimed Water Bravo Environmental Reclaimed Water Service and Use Area Agreement 10 EXHIBIT A RECLAIMED WATER FILL STATION LOCATION Figure 1 Photo of Tukwila Reclaimed Water Fill Station Southeast of the King County's Interurban Pump Station Bravo Environmental Reclaimed Water Service and Use Area Agreement I I 0 Fl Q,'.WrD P11J­8W_ Sh., C­ Reclaimed Water Fill Station Interurban Pump Station Existing Reclaimed Water Pipe Foster Golf Links N so 25 0 FeM Aw— 2011 Tukwila Reclaimed Water Fill Station 2 Bravo Environmental Reclaimed Water Service and Use Area Agreement 12 I-A The �bj­ ­h� M�� �i­ Ki'q c� k. .­i­ Ljj King County fi—M­ d 1. M­h Exhibit A Figure 2 ­­1 1s n« ­d� for King C—y Department of snag nor 1�1, 1­� Natural Resources and Parks ­Wd'.g.b. b­­­ I— w.fi,­Wting tram the use ar mis� ­h.iM� Tukwila Reclaimed Water Wastewater Treatment 1� W.JAMt,=Vt by ­i­ �,,,[W.n King C­y. Fill Station Location Division I N I EXHIBIT B DEFINITIONS DEFINITIONS 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. 2. Reclaimed Water: means water derived in any part from sewage from a wastewater treatment system that has been adequately and reliably treated, so that as a result of that treatment, it is suitable for a beneficial use or a controlled use that would not otherwise occur, and it is no longer considered wastewater. For the purpose of this Agreement, reclaimed water shall be further defined as Class A reclaimed water. 3. Reclaimed Water Criteria: means the criteria set forth in the Washington State Water Reclamation and Reuse Standards, Publication #97 -23 (September 1997) and any subsequent revisions or any successor standards, regulations, or rules adopted by the Departments of Ecology and Health as defined in RCW 90.46.010(12) prior to and during the term of this agreement and the requirements set forth in the Reclaimed Water Distribution and Use Section (currently Section R8) of the County Permit. 4. Use Locations: Individual sites or properties within the Approved Use Area where reclaimed water may be used. Bravo Environmental Reclaimed Water Service and Use Area Agreement 13 EXHIBIT C APPROVED USES, USE AREAS, QUANTITY, FLOW RATE, AND AVAILABILITY OF RECLAIMED WATER Approved Reclaimed Water Uses (when used in accordance with the Reclaimed Water Criteria and this agreement): hydro- excavation (not permitted for excavating potable pipes), street sweeping, storm water system cleaning, and sewer flushing. Approved Use Areas: The area allowable for reclaimed water use is within King and Snohomish Counties for the approved reclaimed water uses only. Quantity and Flow Rate of Class A Reclaimed Water: Flow Rate Range Available (except as noted in Sections 2.8 and 5.4): 0 -300 gpm Maximum Annual Quantity Usage (except as noted in Sections 2.8 and 5.4): 32 million gallons per year Availability of Reclaimed Water: April 1 October 31: Seven (7) days per week November 1 February 29: Not available Bravo Environmental Reclaimed Water Service and Use Area Agreement 14 C EXHIBIT D EXAMPLE DOCUMENTATION LOG Date Name of Site and Address of Use Site Owner's Location Name Type of Use Type of Facility Volume Used Comments Bravo Environmental Reclaimed Water Service and Use Area Agreement 15 EXHIBIT E RATE AND PRICING OF RECLAIMED WATER 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, dated September 2008. The cost of reclaimed water to Bravo shall be based upon 80% of the then applicable City of Tukwila water rate for retail commercial customers. The rates outlined below may be adjusted annually based upon any subsequent potable water rate adjustment ordinance by the City. Tukwila Commercial Retail Water Rates (Effective: January 1, 2012) Water Commodity Charge per CCF (100 cubic feet) Tukwila Potable Off Peak Usage Charge (Oct May) $3.62 per CCF Tukwila Peak Usage Charge (June Sept) $4.98 per CCF See www.tukwilawa.aov for the most current water rates Tukwila Commercial Retail Reclaimed Water Rates (Effective: The signed date of this agreement) Reclaimed Water Commodity Charge pe r CCF 100 cu feet Reclaimed Water Off Peak Usage Charge (Oct May) $2.90 per CCF Reclaimed Water Peak Usage Charge (June Sept) $3.98 per CCF There is no meter charge for the use of reclaimed water. Bravo Environmental Reclaimed Water Service and Use Area Agreement 16