Loading...
HomeMy WebLinkAboutUtilities 2008-02-19 COMPLETE AGENDA PACKET Distribution: N. Olivas S. Kerslake w y C ity of Tukwila V. Griffin J. Morrow M. Miotke J. Hernandez F. Iriarte C. Parrish Utilities Committee K. Hougardy B. Giberson B. Arthur -r P. Linder G. Labanara File Copy O D. Robertson R. Larson Single side to Dana •i• Verna Griffin, Chair Mayor Haggerton M. Cusick "r`J R. Berry P. Brodin 3 Extra Copies yki Joan Hernandez K. Matej S. Anderson Howat D. S peck J. e-mail to B.Saxton •i• Kathy Hougardy p C. O'Flaherty, K. J. Cantu B. Still Narog, S. Norris and C. O'Flaherty K. Fuhrer S. Kirby S. Norris J. Pace AGENDA TUESDAY, FEBRUARY 19, 2008 Time: 5:00 PM Place: Conference Room #1 Item Action to be Taken Page I. Current Agenda Review I. II. Presentation(s) II. III. Business Agenda III. A. King County Agreement for Sale and Distribution A. Forward to COW 2/25/08 Pg. 1 of Reclaimed Water B. King County Interlocal Agreement for Reclaimed B. Forward to COW 2/25/08 Pg. 13 Water Pipeline Extension Project C. Minkler ReRoof Project Building B Bid Award C. Forward to COW 2/25/08 Pg. 25 IV. Old Business IV. Future Agendas: Next Scheduled Meeting: Monday, March 3, 2008 S The City of Tukwila stives to accommodate individuals with disabilities. Please contact the Public Works Department at 206- 433 -0179 for assistance. INFORMATION MEMO To: From: Date: Subject: Mayor Haggerton Public Works DirectoL<!rN\ February 07, 2008 cy' . , Sale and Distribution of Reclaimed Water Project No. 92-WT06 Agreement ISSUE Approve agreement with King County for the sale and distribution of reclaimed water to 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 the Renton Treatment Plant), produces effluent that is further treated to produce Class A reclaimed water. King County has a reclaimed water pipeline that goes from the pump station on Interurban Avenue South just south of Foster Golf Links to the Renton Treatment Plant. Tukwila has previously tapped into this line for a reclaimed water hydrant for City maintenance use as well as for irrigation of street trees across the street from the Riverside Casino. ANALYSIS The cost to the City for reclaimed water, per Attachment B is 80% of the Seattle Public Utilities rate for wholesale potable supplies. RECOMMENDATION Authorize Mayor to sign the agreement with King County for the sale and distribution of reclaimed water. Attachments: Sale and distribution agreement Attachment B P:\PROJECTSIA- wr Projects\92WT06 Foster Golf Redaimed WaleI\Inf tlemo - Redamed W_ Sale_Distribution Agreemenldoc AGREEMENT FOR THE SALE AND DISTRIBUTION OF RECLAIMED WATER nETWEEN THE KING COUNTY DEPARTMENT OF NATURAL RESOURCES AND PARKS AND THE CITY OF TUKWILA TillS 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 defmed 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. 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. Page 1 P:\PROJECTS\A.- WT Projecls\92WT06 Fosler Golf RecIained Watef\Reclaimed Wafs SaIe_Distribu6on Agreemenl2-1 ~8.doc 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 of this Agreement, reclaimed water shall be further defmed as Class A reclaimed water. 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). Page 2 P:\PROJECTSVr wr ProjecIs\92WT06 _ Golf Redamed WaleMedamed W_ Sale_Distribution Agreemenl2-13-08.doc 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 defined 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 Exhibit 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. 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 Page 3 P:\PROJECTS\A- VIr Projects\92WT06 Foster Golf Reclaimed Wa!ei\Reclaimed WaI1il Sale_Distribution Agreement 2-13-08.doc 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 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 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. 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 Tukwila's 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 Page 4 P:\PROJECTS'A- WT ProjecIs\92WT06 Fosler Golf Reclaimed WaleI\RecIaimed W_ &e_Dislribution Agreemenl2-1~.doc 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 is applicable to End Use Customers, including but not limited to Condition R7H. 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 of Tukwila, 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. RESPONSffiILITY FOR PRODUCTION, DISTRffiUTION 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. Page 5 P:\PROJECTS\A- vrr ProjecIs\92WT06 Foster Golf Reclaimed Watef\RecIaimed WatM 5ae_Dislribulion Agreement 2-1 ~.doc 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. 8.5 King County shall provide training to the City of Tukwila personnel and other end users at no cost on the safe use and application of Class A reclaimed water. Completion of the training course is a requirement for use of reclaimed water on property not owned by King County 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 Page 6 P:\PROJECT5'A- WT ~192WT06 FosletGolf Reclaimed Wa!el\Reclaimed WaIN Sale_Distn"buOOn Agreement 2-13-08.cIoc 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 shown in Attachment B. 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. 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 (Scheduled maintenance or construction event), 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 Page 7 P:\PROJECTS'A- wr Projects\92WT06 Foster GollReclained WaleI\Reclaimed WaIBr Sale_Distribution Agreement 2-13-08.doc 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, 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: 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. Page 8 P:\PR0JECTS1A- WT Projects\92WT06 Foster Golf Reclaimed WaleI\Reclaimed WaIN 8ae_DistnDuOOn Agreement 2-13-08.doc 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. 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. 17. NOTICES. City of Tukwi1a: 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. Page 9 P:\PROJECTS\A- wr Projecls\92WT06 Foster Golf Reclaimed Wa!el\Reclaimed Wale Sale_Distribution Agreement 2.1~.doc 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. 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 form: Approved as to form: City Attorney KING COUNTY DEPARTMENT OF NATURAL RESOURCES AND PARKS By: Title: DNRP Director Date CITY OF TUKWILA By: Title: Mayor Date ATTEST: By: City Clerk Page 10 P:\PROJECT~ WT Projecls\92WT06 Foster Golf Reclaimed Walef\Reclaimed W_ Sa!e_Dislribu1ion Agreement 2-13-08.doc 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. - --- --. - ------ S~tJ'C...<<~plVVI191~,!I~~W.J~f~Qcl.lst()I1'l~"~ates . ~(Ef{~Pthle:/~~ffua.t}tJ1~~~,Q~) _ 15) = $1.04 er CCF _.c~~'!\!!~t:6~~~~~"\Vit&~~cEiY~~!y()f;_- King County Reclaimed Water Off Peak Usage Charge (Sept 16 - May 15) $.83 er CCF King County Reclaimed Water Peak Usage Charge (May 16 - Sept 16) $1.28 per CCF INFORMATION MEMO To: From: Date: Subject: Mayor Haggerton Public Works Directodkm February 13, 2008 a - Reclaimed Water Pipeline Extension Proiect Project No. 92-WT06 Interlocal Agreement ISSUE Approve interlocal agreement with King County for extension of the reclaimed water pipeline from the King County pump station to the Foster Golf Links irrigation pond for sale and distribution of reclaimed water to the City of Tukwila. BACKGROUND Foster Golf Links currently pumps irrigation water out of the Green River and stores it in a pond in order to irrigate the golf course turf. King County has developed the attached interlocal agreement with an offer to pay for design and construction of an extension to the reclaimed water service from their sewage pump station at Interurban Avenue South to the existing irrigation pond at Foster Golf Links. In exchange, the City of Tukwila will provide specifications, bidding and construction management for the project. After this reclaimed water pipeline project is completed, the golf course will be able to use reclaimed water for irrigation without modifications to their existing irrigation system. ANALYSIS This agreement will save the City of Tukwila at least $110,000, as shown on attached 2008 CIP page 81. RECOMMENDATION Authorize the Mayor to execute the interlocal agreement with King County for extension of the reclaimed water pipeline. Attachments: Interlocal Agreement Exhibit A Exhibit B CIP page 81 P:\PROJECTSV.- wr ProjectsI92WT06 Fosler Golf Reclaimed Wa!eI\Info Memo -lnterlocaI AQreemenl- Fosler Golf Unks Reclaimed W;tH Projecldoc INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND CITY OF TUKWILA REGARDING THE FOSTER GOLF RECLAIMED WATER EXTENSION PROJECT THIS INTERLOCAL AGREEMENT, made as of the day of , 2008, between the City of Tukwila, a municipal corporation organized and existing under the laws of the State of Washington, hereinafter referred to as "the City" by and through Tukwila Public Works Department, and King County, a political subdivision of the State of Washington, hereinafter referred to as "the County" through the King County Department of Natural Resources and Parks ("KCDNRP") (collectively, the "Parties"); WHEREAS, the County operates a reclaimed water facility which produces Class A reclaimed water at its South Plant in Renton, Washington; WHEREAS, the County owns a conveyance pipe that conveys Class A reclaimed water from its plant in Renton to a site adjacent to the Foster Golf Links in Tukwila; WHEREAS, the City currently exercises a water right to the Green River to irrigate the Foster Golf Links; WHEREAS, the City and County have identified a mutual interest to preserve in-stream flow in the Green River; WHEREAS, the City is interested in using reclaimed water for irrigation at the Foster Golf Links and the County is interested in supplying reclaimed water to the City; WHEREAS, the City and the County have developed plans to extend a reclaimed water line from the County's existing conveyance pipe to the Foster Golf Links (Reclaimed Water Line Extension); WHEREAS, the City and the County have signed an AGREEMENT FOR THE SALE AND DISTRIBUTION OF RECLAIMED WATER BETWEEN THE KING COUNTY DEPARTMENT OF NATURAL RESOURCES AND PARKS AND THE CITY OF TUKWILA addressing reclaimed water supply uses, obligations andrates; Whereas the Parties agree that construction of the Reclaimed Water Line Extension will be performed by the City and that certain costs for such construction, as set forth herein, will be reimbursed by the County; NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1.0 Construction of the Project 1.1. The City shall act as the lead agency for the construction of the Reclaimed Water Line Extension ("the Project") and shall accomplish the Project as described in Exhibit A. The Citynshall obtain all necessary permits and approvals for the Project and shall comply with the State Page 1 of8 P:\PROJECTS\A- WT Projecls\92WT06 Foster Golf Redaimed Watel\lntel1ocal Agreemen~KCDNR Fosle<GoII Reclaimed WaI1iI Projectdoc Environmental Policy Act (SEP A) prior to construction of the Project. The City represents that the Project will be constructed entirely on City property and/or public right-ofway. If any part of the Project is to be constructed on property other than City property or public right-of way, then the City shall obtain all necessary temporary and/or permanent access easements and/or other necessary property rights to construct the Project. 1.2. The City is preparing specifications and the County is preparing plans (drawings) for construction of the Project. The fmal specifications shall be provided to the County for review and approval. The City will publicly bid the Project in accordance with the City's public contracting procedures. If the apparent low bid is approved by both the City and the County, then the City will award a contract to the low bidder for construction of the Project. Either the City or the County may reject all bids in accordance with the City's public procurement requirements. 1.3. Once a contract is awarded, the City will administer the Project contract, including keeping the records and accounting for the Project and paying the Project contractor (the "Contractor"). The City shall arrange a preconstruction conference with the Contractor after awarding the contract and invite the County to attend and participate. The parties agree that the Project shall be bid, contracted for and constructed in accordance with State and local law applicable to the City's public works projects. The City shall make this Agreement available to prospective bidders for the construction of the Project. The City shall provide the County with a copy of the bid documents from the successful bidder. 1.4. The City shall, at no cost to the County, provide construction engineering and inspection of the Project based upon the plans and specifications and sound engineering practice. The City will provide copies to the County of any inspection reports for the Project. 1.5. The City shall initiate and coordinate fmal inspection of the Project and will follow through with completion of items listed on either the City's and/or the County's punch list. 1.6. The City shall, at no additional cost, provide the County with a set of "as-built" drawings of the Project work for its permanent records, within six (6) months of the fmal acceptance of the Proj ect. 1.7. The City shall bill the County for the direct construction costs of the Reclaimed Water Line Extension from the existing reclaimed water line to the golf course pond, based upon the amount of the successful bid, with no mark up. The City will be responsible for the costs of inspection and construction management for construction of the Reclaimed Water Line Extension from the existing reclaimed water to the golf course pond. 1.8. Any obligations of the County beyond the current fiscal year are subject to local legislative appropriation of funds for the specific purpose of funding this Project in accordance with the County Charter and applicable law. 2.0. Post Construction Responsibilities 2.1. The City of Tukwila will own, operate, and maintain the 6-inch pipe from the point of connection with the existing reclaimed water pipeline near Interurban Avenue South. Page 2 of8 P:\PROlECTS\A- WT Projects\92WT06 Foster GolfRec1aimed WaterlInterlocal Agreemeot-KCDNRFosterGolfRec1aimed Waler Project.doc 2.2. As part of the consideration for this Agreement, once the Project is complete, the City agrees to use reclaimed water through the Extended Reclaimed Water Pipeline as it's primary irrigation source for Foster Golf Links. 3.0. Payment 3.1. The County agrees to reimburse the City for the actual direct cost of the construction of the Project, without mark-up. The Parties' estimate of costs is shown in Exhibit B, Preliminary Cost Summary, which is attached hereto and incorporated herein by this reference. 3.2. The City shall provide the County with monthly properly executed invoices showing expenditures during the previous month on the Project. Invoices shall be based on and itemize the Contractor's payments, equipment, materials and labor expended on the Project. Invoices shall be documented to the reasonable satisfaction of the County. Properly documented invoices shall be paid by the County within forty-five (45) days of receipt by the County. Notice of any potential dispute regarding such payment request shall be made in writing within the same time period. Payment by the County shall not constitute agreement as to the appropriateness of any item or acceptance of the work so represented. Upon completion of the Project, all required adjustments related to any potential dispute for which notice has been timely given shall be made and reflected in a final payment. 3.3. Reimbursement for any costs associated with extra work or changed work must be approved in accordance with Section 4 herein. 4.0. Changes in the Work 4.1. There may be unforeseen conditions requmng immediate resolution during the construction phase of the Project such as construction disputes and claims, changed conditions and changes in the construction work. Reimbursement for increased costs for construction of the Reclaimed Water Line Extension shall be limited to costs covered by a modification, change order or extra work order approved as follows: 4.1.1. Should it be determined that a change to the Project plans and specifications is required for the construction of the Reclaimed Water Line Extension, the City, through its Senior Construction Engineer shall notify the County at least five (5) working days prior to commencing work on the changed work. 4.1.2. Any change in the Project, which would cause the direct construction costs to exceed the Preliminary Cost Estimate set forth in Exhibit B by more than five (5) percent shall require a binding Letter of Agreement, signed by both the City Engineer or his/her designee and the County's Major Capital Improvements Section Manager or his/her designee, describing the changed scope of work and the estimated change in the direct construction cost. 4.2. In the event of a claim by the Contractor(s), each Party shall be responsible for its proportionate share based on its proportionate responsibility for the claim. PROVIDED THAT nothing in this Agreement shall be construed to make the County responsible for a Contractor(s) Page 3 of8 P:\PROJECTS\A- WT Projecls\92WT06 Foster Golf Reclaimed Wale<\lntellocal Agreement-KCDNR FosterGoIf Reclaimed W<Iier Projecldoc claim, to the extent that it is caused by the actions, inactions or responsibilities of the City and/or its agents, employees or consultants. 5.0. Indemnification 5.1. The County shall hold harmless, indemnify and defend the City, its officers, appointed and elected officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages and judgments of any nature whatsoever, including costs and attorney's fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, to the extent caused by or arising out of the County's negligent or intentional acts, errors or omissions in the performance of this Agreement and arising by reason of the County's participation in the Project; PROVIDED, HOWEVER, that the County's obligation hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of the City, its officers, elected and appointed officials, employees or agents; PROVIDED FURTHER, that in the event of the concurrent negligence of the parties to this Agreement, the County's obligations hereunder shall apply only to the percentage of fault attributable to the County, its officers, officials, employees or agents; The County expressly and specifically agrees that its obligations under this paragraph extend to any claim, action, suit, liability, loss, expense, damage and/or judgment brought by or on behalf of any of its appointed or elected officials, employees or agents. For this purpose, the County hereby expressly and specifically waives, with respect to the City only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. 5.2. The City shall hold harmless, indemnify and defend the County, its officers, appointed and elected officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages and judgments of any nature whatsoever, including costs and attorney's fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, to the extent caused by or arising out of the City's negligent or intentional acts, errors or omissions in the performance of this Agreement and arising by reason of the City's participation in this Project; PROVIDED, HOWEVER, that the City's obligation hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of the County, its officers, elected and appointed officials, employees or agents; PROVIDED FURTHER, that in the event of the concurrent negligence of the parties to this Agreement, the City's obligations hereunder shall apply only to the percentage of fault attributable to the City, its officers, elected and appointed officials, employees or agents. The City expressly and specifically agrees that its obligations under this paragraph extend to any claim, action, suit, liability, loss, expense, damage and/or judgment brought by or on behalf of any of its appointed or elected officials, employees or agents. For this purpose, the City, hereby expressly and specifically waives, with respect to the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. 5.3. The City shall require the Project's construction contractor(s), subcontractors and suppliers of any tier to defend, indemnify and hold harmless the County, its officers, officials, and employees from any and all claims, injuries, damages, losses or suits including attorney's fees and costs, arising out of or in connection with the construction of the Project. Page 4 of8 P:\PROJECTSIA- WT Proje<:ts\92WT06 Foster Golf Reclaimed WalerlInterlocaJ Agreement-KCDl'o'R FosteruolfReclaimed Water Project.doc 5.4. The parties hereby agree that, except as expressly set forth in this Agreement, the performance of services pursuant to this Agreement shall not constitute an assumption by the County of any of the City's obligations or responsibilities. 6.0. Insurance 6.1. Prior to commencement of construction of the Project, the City shall cause the Contractor to maintain the following insurance coverages and provide the County with evidence thereof: 6.1.1. General Liability. Coverage shall be at least as broad as Insurance Services Office form number CG 00 01 covering COMMERCIAL GENERAL LIABILITY. $1,000,000 combined single limit per occurrence and for those policies with aggregate limits, a $2,000,000 aggregate limit including Products and Completed Operations. ExcesslUmbrella Liability coverage may be provided to satisfy the required limits. 6.1.2. Automobile Liability. Coverage shall be at least as broad as Insurance Services Office form number CA 00 01 covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the combination of symbols 2,8, and 9. $1,000,000 combined single limit per accident. ExcesslUmbrella Liability coverage may be provided to satisfy the required limits. 6.1.3. Workers' Compensation. Statutory requirements of the State of residency. Coverage shall be at least as broad as Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable Federal or "other States" State Law. 6.1.4. Employer's Liability or "Stop Gap". Coverage shall be at least as broad as the protection provided by the Workers Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the "Stop Gap" endorsement to the general liability policy. Limit: $ 1,000,000. 6.2. The City shall cause the insurance to be maintained until acceptance of the Project or for such longer time as required by the City's contract with the Contractor. 6.3. The City shall cause the Contractor(s) to name the County as an additional insured under Commercial General Liability and Business Automobile Liability Insurance with respect to primary and non-contributory limits in accordance with a standard separation of insureds clause, and the County shall be provided not less than 45 days prior written notice of cancellation (10 days with respect to cancellation for non-payment of premium) per RCW 48.18.290. 6.4. All insurers shall either be licensed to conduct business in the State of Washington and rated A-:VII in the A.M. Best's Key Rating Guide or filed as a surplus lines placement by an authorized Washington State Surplus Lines Insurance Broker. Any form of self-insured retentions in excess of $25,000 shall be disclosed and are subject to approval by the County. 6.5. Prior to commencement of the Project, as documentation of insurance as required hereunder, the City shall cause the Contractor(s) to provide certificates of insurance with copies Page 5 of8 P:\PROJECTSIA- WT ~\92WT06 Fosler Golf Reclaimed Walet\lnlellocal Agreemenl-KCDNR FosterGoIf Reclaimed Water Projectdoc of the actual additional insured policy endorsements or blanket additional insured wording stating that the County is an additional insured. 7.0. The County's Relationship to the Contractor. The City shall cause the contract between the City and the Contractor to state that for purposes of the construction of the Reclaimed Water Line Extension, the County is a third-party beneficiary of the contract including without limitation its indemnification provisions, and that all of the Contractor's representations, warranties and guarantees and those of the Contractor's suppliers of material used in the Project run to the County. Other than as stated in this paragraph with respect to the Contractor, the Parties do not intend this paragraph, or anything in this Agreement, be interpreted to create any obligation or liability or promise of performance to any third party, other than the Parties, for purposes of construction of the Project. The City agrees that the contract between the City and the Contractor shall (i) state explicitly that, with respect to the Project, the County is a third party beneficiary of such contract and (ii) require the insurance described in Section 6 herein. The City will give a copy of this Agreement to the Contractor. 8.0 Termination. 8.1. Either the City or the County shall have the right to terminate this Agreement by providing written notice to the other Party prior to the award of a construction contract for the Project. 8.2. This Agreement shall remain in effect until terminated by the mutual, written consent of the Parties. 9.0. Project Records. For a period not less than six (6) years from the fmal payment to the City, the City shall keep all records and accounting pertaining to the Project available for inspection and audit by the County and/or the State and copies of all records, accounts, documents or other data pertaining to the Project shall be furnished upon request. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained by the City until all litigation, claim or audit finding has been resolved even though such litigation, claim, or audit may continue past the six-year retention period. 10.0. Property. Any real or personal property acquired or used by any Party in connection with this Agreement will be acquired, held, and disposed of by that Party in its discretion, and other Parties will have no joint or other interest therein. Upon termination of this Agreement, real and personal property acquired through this Agreement shall be retained or disposed of in the manner provided by law. 11.0. Dispute Resolution. 11.1. If a dispute arises between the County and the City the Parties agree that they will attempt to resolve the issue through mutual negotiation. In the event that the Parties are not able to reach an agreement through such negotiation, the parties agree to engage in mediation in order to resolve the dispute. Mediation may be requested by either Party, and shall be attempted prior to the institution of any lawsuit arising under this Agreement. Mediation shall be conducted under the then-current Commercial Mediation Rilles of the American Arbitration Association or, Page 6 of8 P:\PROJECTS\A. WT Projects\92WT06 Foster GolfRe<:laimed WaterlInterlocal Agreemenl.KCDNR FnsterGolfRe<:laimed Water Project.doc if such model procedure no longer exists, some other mutually acceptable procedure. The County shall select a neutral third party mediator, who shall be subject to the reasonable approval of the City. The parties agree to share the costs of mediation equally. 11.2. This Agreement has been made pursuant to, and shall be construed according to, the laws of the State of Washington. In the event that mediation is unsuccessful and either party finds it necessary to institute legal proceedings to enforce any provision of this Agreement, such proceedings may only be brought in the Superior Court of King County, Washington. The Parties shall have the right of specific performance of the terms of this Agreement. 12.0. Notices. 12.1. Unless otherwise directed in writing, notices, reports and payments shall be delivered to each party as follows: City of Tukwila: Public Works Department Attn: Bob Giberson, City Engineer 6300 Southcenter Blvd., Suite 100 Tukwila, W A 98188 King County: Wastewater Treatment Division KSC-NR-0512 Attn: Kristina Westbrook 201 S. Jackson Street Seattle, WA 98104-3855 Notices mailed by either Party shall be deemed effective on the date mailed. Either Party may change its address for receipt of reports, notices, or payments by giving the other written notice of not less than five (5) days prior to the effective date. 12.2. For accounting purposes, the respective Federal Tax Identification Numbers are: City: 91-600-1519 County: 91-6001327 13.0 Modification of Agreement. This Agreement may be modified only by an amendment in writing signed by each party. 14.0 Other Agreements Between the Parties Remain Unchanged. 14.1. The Agreement for Sewage Disposal between the City and County will remam unchanged by this agreement for the Foster Golf Links reclaimed water line extension. 14.2 The Parties shall comply with the terms set forth in the Agreement for the Sale and Distribution of Reclaimed Water. Page 7 of8 P:\PROJECTS\A- WT Prcjecls\92WT06 Foster Golf Redaimed Walel\InteIIocaI Agreemenl-KCDNR Foste<GoIfRedaimed WaIJ;r Project.doc 15.0 Authority of Parties. The signatories below certify that they have the authority to execute this Agreement and bind their respective governments. Exhibit A Exhibit B Description of Project Preliminary Cost Summary IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth below. KING COUNTY By: Dated: 2008 Theresa Jennings Director, King County Department of Natural Resources & Parks CITY OF TUKWILA By: Jim Haggerton, Mayor Dated: 2008 Attest: Jane Cantu, City Clerk Approved as to form: City Attorney Approved by City of Tukwila Council, Dated: 2008 Page 8 of8 P:\PROlECTS\A- WT Projects\92WT06 Foster Golf Reclaimed Water\Interlocal Agreement-KCDNR FOSlerGolfReclaimed Wate< Project.doc Exhibit A Description of Project The general scope of the project is to extend a reclaimed water pipeline (approximately 500 lineal feet of 6- inch diameter C900 PV C with bell and spigot joints) and electrical wire/conduit (approximately 250 lineal feet). The reclaimed water pipeline extension will start in the vicinity of the Interurban Pump Station and end at the Foster Golf Links irrigation pond. The electrical wire/conduit will extend between the pumphouse and the irrigation pond level controls. The project will also include, but shall not be limited to: . Water meter . Pressure regulating valve . Gate valve . 2-inch saddle tap, quick connect and cap . All associated pipe reducers, tees, and blind flanges . Stilling well, pond level sensor and electrical panel . Rock feature for reclaimed water pipe discharge . Landscaping and asphalt restoration to original condition. P:\PROJECTSIA- WT ProjeclsI92WT06 FosterGolfRecllime<ll'lalel\lnter1ocal- ExhibitAdoc Exhibit 8 Preliminary Cost Summary Description Material and Labor Subtotal Contingency General Contractor Overhead General Contractor Profit General Contractor Mark-up on Subcontractors Bond and Insurance B&OTax Permit General Conditions Allowance GRAND TOTAL P:\PROJECTSIA- WT Projecls\92WT06 Foster Golf Reclaimed Water\lnter1ocal- Exhibit B.doc Cost $56,342 $16,903 $4,234 $2,964 $980 $2,443 $386 $1,685 $6,016 $91,953 PROJECT: DESCRIPTION: JUSTIFICATION: STATUS: MAINT. IMPACT: COMMENT: FINANCIAL (in $000's) EXPENSES Design Land (RMI) Const. Mgmt. Construction TOTAL EXPENSES FUND SOURCES Awarded Grant Proposed Grant Mitigation Actual Mitigation Expected Utility Revenue TOTAL SOURCES CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2008 to 2013 Interurban Water Reuse LINE ITEM: 401.02.594.34. .21 PROJECT NO. 92 -WTO6 Develop water reuse along the Interurban corridor with Class A treated wastewater from the Eastside Reclamation Facility for irrigation, sewer flushing, sweeping, dust control, and other non potable uses. Using reclaimed water is an element of the City's Water Conservation Plan as well as the Cascade Water Transmission and Supply Plan. King County Department of Natural Resources (KCDNR) and the City are currently completing the assessment of crossing the river through an old 6" line in order to serve Baker Commodities. Future maintenance and operation of the new meters, tracking and preventing cross connections. KC Dept of Natural Resources maintains and operates a distribution pipe from the Eastside (Renton) Reclamation Facility to the golf course. Through Estimated 2006 2007 2008 2009 2010 2011 2012 2013 BEYOND TOTAL 15 5 17 13 110 13 15 132 0 0 0 0 13 15 132 0 0 0 0 0 0 160 13 15 132 0 0 0 0 0 0 160 Project Location 20 0 17 123 0 0 0 0 0 0 160 81 INFORMATION MEMO To: From: Date: Subject: Mayor Haggerton Jim Morrow, Public Works Director ~ February 12, 2008 (J"'. . MINKLER SHOPS RE-ROOF OF BUILDING "B Project No. 03-BG08 Bid Award ISSUE Award the bid for the Minkler Shops Re-Roofproject. BACKGROUND The Minkler Shops Building B roof is over 30 years old and past its life expectancy. Maintenance costs are increasing and it is time to re-roof. Ivary & Associates was retained to design the roof replacement. ACTION TAKEN The design and bid documents were fInalized and bids were solicited from the Small Works Roster in September 2007 with no response. Bids were called for again in January 2008 and, on February 7, 2008, fIve bids were received. Low bid was from PacifIc Sheet Metal & Roofmg LLC for $87,446.70. Bids ranged from 80,300.00 to $134,912.94. The low bid is in line with the Engineers estimate of $80,000.00, excluding tax. The 303 Fund budget is $100,000 to cover the bid, plus a 10% contingency. BUDGET AND BID SUMMARY Bid Amount Sales Tax (8.9%) Bid Total Contingency (10%) Total Bid Results $ 80,300.00 7,146.70 $ 87,446.70 8,030.00 $ 95,476.70 Engineer's Estimate $ 80,000.00 7,120.00 $ 87,120.00 BudQet $100,000.00 $ 87,120.00 $100,000.00 RECOMMENDATION Award bid for the Minkler Shops Re-Roof of Building "B" project to PacifIc Sheet Metal & Roofmg LLC, in the amount of $87,446.70, including sales tax. Reference checks show contractor has completed many similar contracts with good results.