HomeMy WebLinkAboutUtilities 2008-04-07 COMPLETE AGENDA PACKET J ILA, �Y, City of Tukwila Distribution: Kerslake
1tA V. Griffin I J. Morrow roo M w M. Miotice
J. Hernandez F. Iriarte C. Parrish
Utilities Committee K. Hougardy B. Giberson B. Arthur
Q I P. Linder G. Labanara
+O D. Robertson R. Larson File Copy
Verna Griffin, Chair J. Duffle M. Cusick Single side to Dana
1908 •i• J oan Hernandez Mayor Haggerton P. Brodin 3 Extra Copies
R. Berry S. Anderson
K. Mate J. Howat e-mail to B.Saxton
Kathy Hougardy D. Speck B. Still C. O'Flahe K.
C. O'Flaherty R. Still Narog, S. Norris
City Clerk dept K. Fuhrer S. Kirby
S. Norris J. Pace
AGENDA
MONDAY, APRIL 7, 2008
Time; 5:00 PM Place Conference Room #1
Action to be Taken Page
I. Current Agenda Review I.
U. Presentation(s) II.
III. Business Agenda III.
A. Reclaimed Water Pipeline Extension Project A. Forward to COW 4/14/08 Pg. 1
Interlocal Agreement with King County
B. Reclaimed Water Sale and Distribution Agreement B. Forward to COW 4/14/08 Pg. 13
with King County
C. Southcenter Blvd Water Main Project C. Forward to Regular Pg. 27
Completion and Acceptance Consent Agenda 4/21/08
D. S 129 St Drainage Project Completion and D. Forward to Regular Pg. 31
7 p
Acceptance Consent Agenda 4/21/08
IV. Old Business IV.
Future Agendas:
Next Scheduled Meeting: Monday, Apri /21, 2008
S The City of Tukwila strives 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 W orks Director~
April 3, 2008
Reclaimed Water Pipeline Extension Project
Project No. 92- WT06
Approval of Interlocal Agreement
ISSUE
Approve the Interlocal Agreement with King County for extension of the reclaimed water
pipeline from the King County Sewer Pump Station on Interurban to the Foster Golf Links
irrigation pond for sale and distribution of reclaimed water to the City of Tukwila. This
includes a potential future service that could extend to Baker Commodities.
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. The City has a water right from DOE that allows
a specific quantity for irrigation needs only. Washington State Department of Health passed
the new Municipal Water Law last year that requires Foster Golf Links to monitor how much
water is being pumped and how it's being used.
King County has developed the attached revised interIocal 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 A venue South to the existing golf course irrigation pond. 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. Future
rates for recycled water should be carefully weighed against the cost to pump during seasonal
needs, while not compromising the perfecting of use of the water right. In terms of upfront
capital costs, the City will save at least $110,000, as shown on page 81 of the 2008 CIP.
RECOMMEI'IDATION
Authorize mayor to sign interlocal agreement with King County for extension of the reclaimed
water pipeline.
Attachment: Interlocal Agreement
King County Reclaimed Water Fact Sheet
P:\PROJECTS\A- WT Projects\92WT06 Foster Golf Reclaimed Water\Info 040308 Reclaimed water pipe
extension. doc
DRAFT 11/26/2007
AGREEMENT
BETWEEN KING COUNTY AND CITY OF TUKWILA
REGARDING
THE FOSTER GOLF RECLAIMED WATER EXTENSION PROJECT
THIS AGREEMENT, made as afthe day af ,2007, between the City
afTukwila, a municipal carparatian arganized and existing under the laws afthe State af
Washingtan, hereinafter referred to. as "the City" by and thraugh Tukwila Public Warks
Department, and King Caunty, a palitical subdivisian af the State af Washingtan,
hereinafter referred to. as "the Caunty" thraugh the King Caunty Department afNatural
Resaurces and Parks ("KCDNRP") (callectively, the "Parties");
WHEREAS, the Caunty aperates ~reclaimed water facility which produces Class A
reclaimed water at its Sauth Plant in Rentan, Washingtan;
WHEREAS, the Caunty awns a canveyance pipe which canveys Class A reclaimed
water fram its plant in Rentan to. a site adjacent to. the Faster GalfLinks in Tukwila;
WHEREAS, the City currently exercises a water right to. the Green River to. irrigate the
Faster GalfLinks;
WHEREAS, the City and Caunty have identified a mutual interest to. preserve in-stream
flaw in the Green River;
WHEREAS, the City is interested in usinU~5~!~}~~~_~~_t_~~J~~Jg_ig?:t~(}~_~_tJh~J~'g~_t~~OO_h___-------{ Deleted: R
GalfLinks and the Caunty is interested in supplying reclaimed water to. the City;
WHEREAS, the City and the Caunty have develaped plans to. extend a reclaimed water
line fram the Caunty's existing canveyance pipe to. the Faster GalfLinks (Reclaimed
Water Line Extensian);
WHEREAS, the City and the Caunty have signed anAQ~gMg~IfQR.JlU~_~A1);:h___U-------{ Deleted: agreement
AND DISTRIBUTION OF RECLAIMED WATER BETWEEN THE KING COUNTY
DEPARTMENT OF NATURAL RESOURCES AND PARKS AND
THE CITY OF TUKWILA ~M_~~s_~!~~!.~c:.l~!~~_~_~Y..~!~~_~~2PJ)'_~~~~~_(}.1?Ug~!.i_(}!!~_?:I1_~h_hhh</-- :leted: entitled _(fill in) dated---L!ill
l~t~~~ _ _ _ _ _ _ _ _ _ _ _ _ hm __ _ _ _ _ _ __ _ _ _ - - - - - - - - oo u_ u - n _ ___ - - - - - h_ __ - - - - - - - __ - - - - - - - u_ - n -- - - - - - - - - - - 00 - - - - - - - - - - - - - - - - - - - - - - <::: "1 Deleted: detailing
Wh h p' h . f h R l' d W L' E . 'II "1 Deleted: reclaimed water
.. _ _ _ _ ~.r:~_~J_ _ ~_ _ _ ~m~~ _~Jrr~e_ t_ _?:t _<:~n_~~~!_lg~ _()_ _!n ~_ _ _ ~ _?:1-'!!~ _ _ _ _ _ _ ~!.er _ _ _ !!!e_ _ _ ;(!~11_~1011_ ~y"I_ - - - - - -- - - - - - - Dieted
be perf armed bv the City and that certain casts far such canstructian. as set farth herein. funeds:1 \bl/HE] t REAS, the thCOlDlty, hased
aVal a e 0 construct e ree alffi
will be reimbursed by the Caunt)~ U____hoouu___um____noo________________n_________________hh__________ water line extension;'i
- " 'i
Deleted: County would like the City to
take responsibility for bidding the
construction of the reclaimed water line
extension
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
1.0
Construction of the Proiect
A Deleted: 10
./~-{ Deleted: 9
Page 1 of 9..0000____00_ ___uun____ 00_ nhhh_ _n_____h 00 noon _00/:/
J_ :;_ __ _ nI~_~_ ~JJx_,h P!_~P..~!J}~g _ sE~~Jfl~~_tJg!!~_ ~I1.<:i_ ~h~ _~~l:'_IJ~ _ !~_ E!~P_~!_i!!g _pJ~!!~_ f ~!~~yJ~g~ 1.- _ - - - --{ Deleted: B
f~!_ _~~I)_~rr~~~Jg!! _~t !h~_ J)_~9 t~~~._T~~. JlIJ~l~J?~<?Jfi_~~J5_~n~_~haJJ_J?~_P..~9_YJ~~_<:i._~<?_ _th~ _ ~g!-!I1.t}'-I"'<:'" { Deleted: ..
for review and approval. The City will publicly bid the Project in accordance with the t., ,.{ Deleted: has
City's public contracting pr~ced~res..JLtJ~~_~IJP..~!_~!!U<?.\\'_~_~<:i i~n~~P.~9_Y~~t~X.!J.9JhJh~.~iXY__. \>.... Deleted: already prepared plans and
and the County. then the CIty wIll award a contract to the low bIdder for constructIOn of ... ';.:.\ specifications
the Proiect. Either the City or the County may reiect all bids in accordance with the \. ~\~) Deleted: plans and
City'S public procurement requirements. \ \\'( Deleted: hm been (or
\,\( Deleted: will
\.1 Deleted: )
Deleted: ,requiring in the bid form a
separate line item for
(Use this clause only if
Deleted: The County agrees to
: reimburse the City for Construction of the
reclaimed water pipe extension project
described in attaclunent A [need to work
: out details of funds transfer, e.g. all after
: completion, or some other formula.
: Probably also limit the total project cost].
! :( Deleted: T
./.( Deleted: will be responsible
! /.<,( Deleted: proposed water line
:./.:' .( Deleted: the water line
1.7. ~he City sh.all bill,th~.~_~!-!~~..f<?nh~ ~j!~<?t.~9_1)_~~r~~!jgI1._~gs!s_~ftheJ3:~~l~5~~_<:imn/.:' /,( Deleted: in
Water LIne ExtenslOn,g-g~_Jh~_~~!~!)!!gE~~l~)~~<:i-.\vaJ-~~J!I1.~Jg-~h.~-g<?_ltc~l,l_~~~J?gI1.<:i_'m'Hn/ :'': D I ted B th . '11 . th
b d h f h ful b'd . h k Th C' '11 b .:, e e : 0 partIes", review e
ase upon t e amount 0 t e success I. WIt no mar up. e Ity WI e /:,: bids recei\'edpriorto the awarding of the
responsible for the costs of inspection and construction management for construction of .// contract and either party may reject any
the Reclaimed Water Line Extension .ft()I1.1.Jh~_~~!~ti!!g _~~_cl~J_~~d_.\\~~_t~!_J~_tl?-.e. g<?lf ~9.l:'!_~~_ _ //' { or alII bids.
ond. / ... De eted: 10
QQ!lih 'u.n00u00 0000 .0000_00000000_00_0000 _00000000_.___000000__ 00 00 00_00 00_ 00_'0000_ 00_'_ 00 -.00. .0000 _00_._000000 n' .Hu_ 'J
/,"l Deleted: 8
Page 2 of 9.._000000_ _nH_ nnnH nn_Hnn nnn_'H.n _0000_ un _ J:'"
DRAFT
1.1. The City shall act as the lead agency for the construction of the Reclaimed Water
Line Extension ("the Proiect") and shall accomplish the Proiect as described in Exhibit A.
The City shall obtain all necessary permits and approvals for the Proiect and shall comply
with the State Environmental Policy Act (SEPA) prior to construction of the Proiect. The
City represents that the Proiect will be constructed entirely on City property and/or public
right-of way. If any part of the Proiect is to be constructed on property other than City
propertY or public right-of way. then the City shall obtain all necessary temporarv and/or
permanent access easements and/or other necessary property rights to construct the
Proiect.
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 proiects. 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.
104. 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
Proiect.
1.5. The City shall initiate and coordinate final inspection of the Project and wiII
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 final
acceptance of the Proiect.
applicable)
DRAFT 11126/2007
1.8. Any obligations of the County beyond the cunent 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 ofTukwila will own'l'J~r'?r_at~_,_~!l_~_~!!~int~i!l_~h~6_-_il!~~_piR~J!()~!!_!h~u___u_---/{ Deleted: .
point of connection with the existing reclaimed water pipeline near Interurban A venue 'c-:::__{ Deleted: and
South... _ _ _ _ _ _ _ u _ _ _ _ _ _ _ 00 _ _ _ _ _ _ _ _ _ 00 _ _ _ n _ __ 00 _ _ _ _ _u 00 _ _ _ _ __ _ _ _ _ _ _ _ 00 _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 00 _ _ _ _ _ _ _ 00 _ _ ,.,{ Deleted:
. Deleted: [Need to spell out o,mership
2.2. As part of the consideration for this Agreement once the Project is complete. the of new pipe].
City agrees to use reclaimed water through the Extended Reclaimed Water Pipeline as a
supplemental source of l.t~~l'!i}!!~~J: .i_~jg~~j~n _~()_I,l!<::~fo!_tl}~X ()~ter_Q())D.~jl1~~_._Thi~___ 00 _ m__-------{ Deleted: ~
agreement shall in no way compromise the City's water right nor its abilities to use said -......{ Formatted
water right under the provisions of the Municipal Water Law.
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 monthly with 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. Chanl!:es in the Work
4.1. There may be unforeseen conditions requiring 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:
A Deleted: 10
.,<-{ Deleted: 9
Page 3 of9.uuuuu_ ___uuun'U u_ uuuuu_ 0000_______ 00 00___/:---
DRAFT
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 (Fill in iob title) . shall notifv the County at
least five (5) working days prior to commencing work on the changed work.
4.1.2. Any change in the Proiect. which would cause the direct construction costs
to exceed the Preliminary Cost Estimate set f0l1h in Exhibit B by more than five (5)
percent shall require a binding Letter of Agreement. signed by both the City's (need iob
title) or his/her designee and the County's Maior Capital Improvements Section Manage~___--..--{ Deleted: ---(need job title)..--
or his/her designee. describing the.,cJ]'!!11.g~9._~~g2~gf~!:9.1:1.<_!!!l_(:Uh~__~~~j.'n~t<:~_ch~II!g~..i.Zlmm__-.----{ Deleted: - c
the direct construction,_C:~~!:u__m__u__mu_uu_ __mmu_u__m_____u_uum_______n______ __u_u_ ______ _ _ ___.---- { Deleted: 'i
4.2. In the event ofa 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) 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._ unnmn muum n__m__h ___nnnmum ____nnmmnm _nummnm.--
Deleted: Indemnification 'i
'i
The County
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 iudgments of any nature
whatsoever. including costs and attorney's fees in defense thereof. for iniury. sickness.
disability or death to persons or damage to propel1V 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,!?_~!_~U~.~_~g!tO.mhnm_uu__-.-----{ Deleted:
negligence ofthe 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 iudgment 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
A Deleted: 10
/::.{ Deleted: 8
Page 4 of2,nhnn_n_n_uu.u_u________m_hnnnm_nu_u_J:-.-
DRAFT 11/26/2007
Proiect 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 ofthe conCUlTent 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, emplovees 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 Proiect'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 ofthe Project.
.' Deleted: except for injuries and
damages caused by the sole negligence of
King County. 'i
"-- --- --------- - - --- -- --- - ----- - - - - - -- - - - - - - -- --- - --- - ----+ - - --- - - - -- - - - --- - - - --- --- - - - - - -- - - - - - - - - - - - -- - -- - - - -- - - -- -- - - - -- -- - - - #--
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.
{uso ranee y......___.u. u__.oo u.....uu._oou.___.uu__.uu...u.u__m uuu' _u._..__....._.._..._____./ .... Deleted: (NOTE: . Depending upon
the size of the Project, the insurance
amounts may need to be increased to
55 million)
6.1. Prior to commencement of construction of the Proiect. 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 CO 00 01 f~y.~ti!!g.Q?MM~R_q6l:_..(;.H~tl.~M~um___umu__.......{ Deleted: Ed. 11-88
LIABILITY. $1.000,000 combined single limit per OCCUlTence and for those policies
with aggregate limits, a ~_,QQ9.'_QQ9..agg~~.g!l:~~Jj!n.jU!:l.~!~~J!:lgX~9.~~~~~.?!!~_~~g1J?J.~!t:l_~_h___""/{ Deleted: 1
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 O} f~y.~~j!!g_~VSX~~_~.~.AYJ.Q.~QY~M9.~:__uuu.//{ Deleted: Ed. 12190
symbol} "any auto"; or the combination of symbols 2,8, and 9. $1.000.000 combined
single limit per accident. Excess/Umbrella 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.
A Deleted: 10
..(.{ Deleted: 9
Page 5 of9.-um_m.u__m__.m_nnmm.mm.nnmu.mnJ:..
The City shall indemnify and hold
harmless the County and its agents,
contractors, officers, attorneys,
emplo)'ees, Sllccessors and assigns from
and against any and all liabilities,
damages, claims, demands, judgments,
losses, harm, costs, expenses, suits or
actions caused by the negligent acts or
omissions of the City... [need to hne
our respecth'e legal departments
re\'iewl.~
..
No Third Party Beneficiaries 'i
'i
In promising performance to one
another under this Agreement, tbe
parties intend to create binding legal
obligations and rights of enforcement
in one another. The parties do not
intend to create any legal obligation or
promise of performance to an)' tbird
par!)'. 'i
..
A Deleted: 10
,'<~,{ Deleted: 8
Page 6 of2.uuu.uu.....uuuu.uuuu__u.uu...U.h.UU__J:'
DRAFT
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.
P. }..... ..Ih~. ~.i~.~h~I)..~~.~!'.~.!h~. j!!~~~~I).~~ .t<?_~~.Jn~i.I)~~i~~~. ~mj J. ~~~~Q!?I).~~. .<?f!h~. .~T.<?j ~ct. _..' .,..
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-:VIl 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 Proiect as documentation of insurance as required
hereunder. the City shall cause the Contractor(s) to provide certificates of insurance with
copies of the actual additional insured policy endorsements or blanket additional insured
wording statin€!: that the County is an additional insured,
7.0. The County's Relationshio 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, wananties 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 that 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 Proiect the County is a third party beneficiary
of such contract and (ij) 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 Proiect.
Deleted: 6.1.5, Builder's Risk.
Builders Risk coverage shall be placed on
the project and the County shall be an
Additional Named Insured subject to a
mortgagee clause and 'Vaiver of
Subrogation.~
~
Deleted: The Count)' shall indemnify
and hold harmless the City and its
agents, contractors, officers, attorneys,
employees, successors and assigns from
and against any and all liabilities,
damages, claims, demands, judgments,
losses, harm, costs, expenses, suits or
actions caused by ... [need to have our
respecth'e legal departments re\;ewl.1f
..
The Cit\:'{
t;
DRAFT I 1/2612007
~This Agreement shall remain in effect until terminated by the mutual, written
consent of the ~_i~~:mn_ hh_m___m_ ____n ___ _ _ _ mn ______ _n ____nnn _ _m _ _ n _ __ _ __ __ n _______ _ _ _ __ _ n __ _ __--- ---{ Deleted: p
9.0_ Project Records. For a period not less than six (6) yearS from the final
payment to the City. the City shall keep all records and accounting pertaining to the
Proiect 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 fumished
upon request. Ifany 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.
Deleted: :\Iodification of Al!1"eement 'i
-'i
This Agreement may be modified only by
an amendment in writing signed by each
party.'i
J1.0.
Dispute Resolution.
I 1.1. I f 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 Palties
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 Partv.
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
Rules of the American Arbitration Association or. 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 palties
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 perfonnance 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:
(Fill In)
A Deleted: 10
..<.{ Deleted: 9
Page 7 of9.,n____mm_n__mn_nm______mmnm_______m__/:-..
DRAFT
King County:
Wastewater Treatment Division
KSC -NR -052 -j Deleted: 0
Attn: Kristina Westbrook j Deleted: 8
201 S. Jackson Street j Deleted: Fin In
Seattle. WA 98104 -3855
Notices mailed by either Party shall be deemed effective on the date mailed. Either Party
may change its address for receint of reports. notices. or payments by giving the other
written notice of not Less than five (51 days prior to the effective date.
12.2. For accounting purposes, the respective Federal Tax Identification Numbers
are:
The City: (Fill In'
The County: 91- 6001327
T 13.0 Modification of Agreement. This Agreement may be modified only by an
amendment in writing signed by each party.
Deleted: c
X4.0 .Other Agreements Between the Parties Remain Unchanged. Deleted: Basic
j Deleted: E
14.1. The Agreement for Sewage Disposal between the City and County will -j Deleted:
remain unchanged by this agreement for the Foster Golf Links reclaimed water line Deleted: [May need a statement here
extension. that this agreement does not change the
sewer agreement between Tukwila and
King County].
14.2 The Parties shall comply with the terms set forth in theA greement for the Sale
I Deleted: reclaimed water aereement
and Distribution of Reclaimed Watet;.dated (Fill in).
Deleted: between the City and County
establishes the permitted uses and
15.0 Authority of Parties._ _The signatories below certify that they have the ohtieations of the City
authority to execute this Agreement and bind heir respective governments.
Exhibit A
Bxhibit B
KING COUNTY
Description of Proiect
Preliminary Cost Summary-
Deleted: related to the use and
distribution of reclaimed water. i
c
S
f Deleted: doption
I Deleted: 4
IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth
below. \I Deleted: a
By: _Theresa Jennings___
pirector, King County
Department of Natural Resources Parks
Dated:
2008
Page 8 of
-I Deleted: 5
I Deleted: on behalf of
Comment [WT1]: KLW: To be
updated just prior to signing in late
January
j Deleted:
j Deleted: 2007
I Deleted:
Deleted: 10
Deleted: 8
DRAFT 11/26/2007
CITY OF TUKWILA
By: [Tim Haa2ertori
Title: Mayor
Approved by City of Tukwila Resolution No.
Dated: 2008
Dated:
Page 9 of 9,
2008 Comment [Wr2]: KLW: Since will I
likely be signed in 2008.
I Deleted:
Deleted:
Deleted: 2007
Deleted: 2007
„t Deleted: 10
Deleted: 9
DRAFT 1l!26/2007
AGREEMENT
BETWEEN KING COUNTY AND CITY OF TUKWILA
REGARDING
THE FOSTER GOLF RECLAIMED WATER EXTENSION PROJECT
THIS AGREEMENT, made as of the day of ,2007, 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 .!l.reclaimed water facility which produces Class A
reclaimed water at its South Plant in Renton, Washington;
WHEREAS, the County owns a conveyance pipe which 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..r~_~!~}!~~~_-,:~~_t_~~J~~jg}g~~t()~_~_Uh~-"f_()~~~~__w____------{ Deleted: R
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 anA.G~);::M~"!':lIYQ~_D:I~_~A1_~____m-------{ Deleted: agreement
AND DISTRIBUTION OF RECLAIMED WATER BETWEEN THE KING COUNTY
DEPARTMENT OF NATURAL RESOURCES AND PARKS AND
THE CITY OF TUKWILA.,@~~~~_~j!!gJ_~~I_ai~~!:i_~y.~t~I:_~!ll'pb'_~~~s._()_~Jjg~ti_()!!~_~~_nnm_</-- ~~Ieted: entitle'Ufill in) dated~
rates' -----
't: _ _ _ _ _ _L _ _ _ _ __ _ _ n _ __ __ _ _ __ u _ __ _ _ ___ _ _ _ _ _ _ _ _ n _ _ _ _ __ _ _ _ _ _ _ _ __ __ - -- - - - - - - - - - - - - - - - - - - - u_ - - - - - n - - - - - - - - - - - - - -- - - - - - - - - - - -- - - - --_____ -{ Deleted: detailing
Wh h P' h 'f h R l' d W L' E ' 'II --{ Deleted: reclaimed water
ereas t e artIes agree t at constructIOn 0 t e ec aIme ater me xtenslOn WI
bepea-ormecn;y-ihe CfiY-auclihatcertain-costS -tor-such-c-onstructia-n~ -as-set-ta-ril; herein: - n _h -- -- - Deleted: WHEREAS, the County ~
funds available to construct the reclauned
will be reimbursed by the County~hu_m____mmumhunnmm__mnh_m_m____n_mm__nmm__ waterline extension;';
- 'i
Deleted: County would like the City to
take responsibility for bidding the
construction of the reclaimed waler line
extension
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
1.0
Construction ofthe Proiect
A Deleted: 10
_-<~-{ Deleted: 9
Page 1 of2.n_____uu____h_u_n__nn_n_nnh_u____n__uuu_J//
J_ :?vh _ mI~_t? _g}!)' _.i~J?~_t?R~}_~g _ ~Q~l?m~~~}!?!!~_ ~~~_ ~~~ _~~l!_~~ _!~_ 2~~P_~~}!!g _p}_~!!~_ f ~~~~J~g~ 1_ _ _ - - -- - { Deleted: B
l~~__~~~_~~~l?~}!?!! _ ~(~h~_X~9l t?~~._T~_t?_ fi_~~!l'Q~l?Jn~~_t}_~!!~_~!1:~H_J?~_R~9_'(_i~~~_ _~<?__th~ _ g_~~~y )':'::~.-- { Deleted: ..
for review and approval. The City will publicly bid the Proiect in accordance with the t.. ..{ Deleted: has
City's public contracting pr~ced~res..JfJh~_:::t2P.:::t!_~!!Uo-,-\.:_])J.~j!>_ _:::t~PX9_Y~~L~):'_!J.<?_th.!h?_'<;:'i.ty__, \::..... Deleted: already prepared plans and
and the County, then the CIty WIll award a contract to the low bidder for constructIOn of ... ':::'\ specifications
the Project. Either the City or the County may reiect all bids in accordance with the \. "::'::<.'f Deleted: plans and
City's public procurement requirements. \ \\'( Deleted: have been (or
\.\:( Deleted: will
\.1 Deleted: )
. Deleted:, requiring in the bid form a
separate line item for
(Use this clause only if
Deleted: The County agrees to
reimburse the City for Construction of the
reclaimed water pipe extension project
descnbed in attachment A [need to work
:' out details of funds transfer, e.g. all after
! completion, or some other formula.
:' Probably also limit the total project cost].
! ,.{ Deleted: T
! .'::.{ Deleted: "ill be responsible
! .:/A Deleted: proposed water line
:':/./ ,( Deleted: the water line
1.7. 'I.'he City sh.all billJ:ht?_g<?!-!~U:'J<?rJ~~_~!r~~_t_~o_n~t~~~H~~_c~~~s_ ~f~heJ~e~!aiI!l~_~______/../ .l,( Deleted: in
Water Lme ExtensIOn..f~~~Jh~_~~!S~I~l!;_~~~la}_~~~_!.'{~~.er !!!1.~_ t~_tJ:l_e_g9JLc~u_~~~_p~!!d"mhm/ ,::' D I ted B th . '11 . th
b d h fh fulb'd'h k Th C't 'lib ::. ee : 0 parties'" re\leW e
ase upon t e amount 0 t e success I, WIt no mar up. e I y WI e ,:':': bids received prior to the awarding of the
responsible for the costs of inspection and construction management for construction of // contract and either party may reject any
the Reclaimed Water Line Extension,ft~!!1. th~.~~!?ti~gX~.~1~.i~~~.!.v~~.~!'.J:~.th~.lI.QJf~ol!r'~~h/',/ { or alll bIds.
pond. .: ." De eted: 10
T.............. _ h...... h. n' _........ _. _........ _. _. _............. _ h..... - - -.... - -.................... -.............. .. {
.....- Deleted: 8
Page 2 Of~h_h"'h_hhhh___hhh_hnhh'h.n'hhhhh_h"::---
DRAFT
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 Proiect as described in Exhibit A.
The City shall obtain all necessary permits and approvals for the Project and shall comply
with the State Environmental Policy Act (SEPA) prior to construction of the Proiect. The
City represents that the Proiect will be constructed entirely on City property and/or public
right-of way. If any paIt 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
Proiect.
1.3. Once a contract is awarded. the City will administer the Proiect contract
including keeping the records and accounting for the Project and paving the Proiect
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 proiects. The
City shall make this Agreement available to prospective bidders for the construction of
the Proiect. 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
Proiect.
1.5. The City shall initiate and coordinate final inspection of the Proiect 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 Proiect work for its permanent records. within six (6) months of the final
acceptance of the Proiect.
applicable)
DRAFT Il/2612007
1.8. Any obligations of the County beyond the current fiscal year are subiect to local
Iegislatiye appropriation of funds for the specific purpose offunding this Project in
accordance with the County Charter and applicable law.
2.0. Post Construction Responsibilities
2..1. The City of Tukwila will own..,_PP'~!at~~~~~_l!!~im~il1_ th~_~:-_(l1~J:1_piReJl:0~Jh~mm__-------{ Deleted:.
point of connection with the existing reclaimed water pipeline near Interurban A venue '<::..{ Deleted: and
South..._ _ _ _ _ _ _ u.. _ 00 _ _ _ 00 _ _ 00 _ _ _ _ _. _ _ _ _ _ _n 00__ _ _ _ _ _ _ _ _ _ n _ _ _ _ _ _ _ _ _ _ n_ _. _ 00 _ _ _ n _ _ _ _ _ _ _ _ _ _ _ _ n _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ n_. _ _ _ _ _ .... .... { Deleted:
. Deleted: [Need to spell out mmership
2.2. As part of the consideration for this Agreement. once the Project is complete. the of new pipe).
City agrees to use reclaimed water through the Extended Reclaimed Water Pipeline as a
supplemental source of.i_t_~.11!:.i.I!!~l):.i_l!.:jg~tj~nu~()_1l.r.c:~X()nh~ f.()_s.~~!_9().ltPI1_~~._.TN~______m__"-""{ Deleted: ~
agreement shall in no way compromise the City's water right nor its abilities to use said .-..---{ Formatted
water right under the provisions of the Municipal Water Law.
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 monthly with 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. Chanlres in the Work
4.1. There may be unforeseen conditions requiring immediate resolution during the
construction phase of the Proiect 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:
A Deleted: 10
/::.{ Deleted: 9
Page 3 of 2._u_uhooUUU_U_uuoo____ uun_ uuh_h._.u _ _ _ 00 _ /:/
DRAFT
4.1.1. Should it be determined that a change to the Proiect plans and
specifications is required for the construction of the Reclaimed Water Line
Extension. the City. through its (Fill in iob title) . 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 Proiect. which would cause the direct construction costs
to exceed the PreliminalY 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's (need iob
title) or his/her designee and the County's Maior Capital Improvements Section Manage~._.......{ Deleted: --{need job tille)--
or his/her designee. describing thef.1!.f!~R~~_~~_<?Q~.<?f!!:()}:K~I1.(:Uh~u~?~j.'n~~~~.~h~l1.g~5.l1uu..........{ Deleted: . c
the direct construction,.~~~L.______ .._...n.___.n......_......_..___. __.... .d.. ........... ... ............n. ... .........{ Deleted: 'i
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) claim. to the extent that it is caused by the actions. inactions or
responsibilities of the City and/or its agents. emplovees or consultants.
5.0.
In demnification.. 00.. _....00.... _ '00 n.... n' 00....... n................... 00.......................... ... -.'
Deleted: Indemnification 'i
'i
The Countv
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 iudgments of any nature
whatsoever. including costs and attomey's fees in defense thereof. for iniury. sickness.
disability or death to persons or damage to propeltv 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
Proiect PROVIDED. HOWEVER. that the County's obligation hereunder shall not
extend to iniury. sickness. death or damage caused by or arising.,<?~!.~U~.~.?.<?!~un___._________.......{ Deleted:
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 ancl/or iudgment 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 iudgments of any nature
whatsoever. including costs and attomey's fees in defense thereof. for iniury. 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
A Deleted: 10
...::~.{ Deleted: 8
Page 4 of 9...000000..00.. ... n. n.n.n.. ..un. nn__' .n. n .00" n/:"
DRAFT 11/26/2007
Project; PROVIDED. HOWEVER. that the City's obligation hereunder shall not extend
to iniury. 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 offault
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 iudgment 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 hannless 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 Proiect.
~-- --- - --- - - ---- -- --- --- - -- - - - - - - - ------ --.--- ----- -- - - --------- --- - ---- -- - ---- - - ---- - - -- - - - - -- - - - - - - -- - --- - - - - --- - -- - - - - --- - - - ---
5.4. The parties hereby agree that except as expressly set forth in this Agreement the
perfonnance of services pursuant to this Agreement shall not constitute an assumption by
the County of any of the City's obligations or responsibilities.
Deleted: except for injuries and
damages caused by the sole negligence of
King County. 'i
6.0.
Insurance y....m..u.u.um.uu....wu.mu...u...uu....w.........uu...u.......u..uu......._....... Deleted: (NOTE:. Depending upon
the size of the Proj eet, the insurance
amounts may need to be increased to
S5 million)
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 fonn number CG 00 0 1 f~y.~!j~~t~9M.M~R.q6b..Q~tl.J;:.&'\."h.m.mm...u_.------{ Deleted: Ed. 11-88
LIABILITY. $1.000.000 combined single limit per occurrence and for those policies
with aggregate limits. a $,;?_.QQ9_...QQ9._~gfll~g5!t~.!j!!1.jU.J.1_~!~c1..i~~gJ>.~9.c1.~~t~.~!!~.~~~.PJ.t:t~.c1._mm_--/{ Deleted: I
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 fonn number CA 00 01 f~y.~!jngJ~!:1.~.U'!~.~~.A~IQ.~QY~M9.~...umm..------.{ Deleted: Ed. 12190
symbol 1 "any auto"; or the combination of symbols 2.8. and 9. $1.000.000 combined
single limit per accident. Excess/Umbrella Liability coverage mav be provided to satisfy
the required limits.
6.1.3. Workers' Compensation. Statutorv 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.
A Deleted: 10
__<-{ Deleted: 9
Page 5 of 2.u uuh__uu.__.__.uuu .______u UU' __________o___u_/---
DRAFT
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: $ LOOO.OOO.
P- :?'. n. urh~ _ ~.i~_ ~h~l}. ~~.l!~_~_ !h~_! !!~~~~~_~~_~()_ ~~ ~~i_~!~!~_~~ _ ~~l!t.iL~~~~R!~l!.~~_ ~ f !h~.E!_()j~~!_ -.' -....
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 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 Relationshio 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 that 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 Cjty and the Contractor shall
(i) state explicitly that. with respect to the Proiect. the County is a third party beneficiary
of such contract and (in require the insurance described in Section 6 herein. The City
will give a copy of this Agreement to the Contractor.
.8.0 Termination _ u _ _ _ _ _ _ u _ _ _ _ _ _ _ _. u _ _ u _ _. _._ _ _ _ _ _ _. u _ _ _ _ __ _ _ _ u _ _ _ _ _ _ _ _ _ _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _... _ u - - - - >
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 Proiect.
Deleted: 6.1.5.. Builder's Risk.
Builders Risk coverage shall be placed on
the project and the County shall be an
Additional Named Insured subject to a
mortgagee clause and \Vaiver of
Subrogation. "i
'i
Deleted: The County shall indemnil)'
, and hold harmless tbe City and its
: agents, contractors, officers, attorne~"S,
: emplo)"ees, successors and assigns from
: and against any and all liabilities,
damages, claims, demands, judgments,
losses, harm, costs, expenses, suits or
actioos caused b)' ... (need to han our
respective legal departments review].Oj
'i
The Cin-f)
'I
Tbe City sball indemnify and hold
barmless tbe County and its agents,
contractors, officers, attorne)"S,
emplo)'ees, successors and assigns from
and against any and all liabilities,
damages, claims, demands, judgments,
losses, harm, costs, expenses, suits or
actions caused by tbe negligent acts or
omissions ofthe City... [need to ha,'e
our respecth'e legal departments
ru'iew].';
'I
No Third Part\" Beneficiaries C;
~ .
In promising performance to one
anotber under tbis Agreement, tbe
parties intend to create binding legal
obligations and rights of enforcement
in one another. The parties do not
intend to create any legal obligation or
promise of performance to any third
party. "i
..
..( Deleted: 10
/A Deleted: 8
Page 6 of 2._0000_._00 n_n 00 _n_nn___n_h___n._ _ _ _0000. .00_0000 _/:.-
DRAFT 11/26/2007
~ This Agreement shall remain in effect until terminated by the mutual, written
consent of the ~j~~~_mhmmmhhhh_mm_mmh_hmm_____hhh_____mh_hhmm___mh__m____------{ Deleted: p
9.0. Project Records. For a period not less than six (6) years from the final
payment to the City. the City shall keep all records and accounting pertaining to the
Proiect 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 Proiect 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 ioint 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.
)1.0.
Dispute Resolution.
Deleted: Modification of Al!I"eement 'i
-'I
This Agreement may be modified only by
an amendment in \\riling signed by each
party.';
11.1. I f 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
Rules of the American Arbitration Association or. ifsuch model procedure no longer
exists. some other mutually acceptable procedure. The County shall select a neutral third
party mediator. who shall be subiect to the reasonable approval ofthe 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:
(Fill In)
A Deleted: 10
./A Deleted: 9
Page 7 of 2._h_ hh_h__h_ _ _ hhhhh__hhhhh __.h_ hh_ _hh .~;:..,
DRAFT
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 chance its address for receipt of reports. notices. or payments by giving the other
written notice of not less than five (51 days prior to the effective date.
12.2. For accounting purposes. the respective Federal Tax Identification Numbers
are:
The City: (Fill Inl
The County: 91- 6001327
13.0 Modification of Agreement. This Agreement may be modified only by an -j Deleted:
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
remain 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 dated (Fill inl.
15.0 Authority of Parties._ ,The signatories below certify that they have the
authority to execute this Agreement and bindlheir respective governments.
Exhibit A
!Exhibit B
KING COUNTY
Description of Proiect
Preliminary Cost Summary
By: Theresa Jennings._ Dated: ,2008
pirector, King County
Department of Natural Resources Parks
Page 8 of 9
Deleted: 0
Deleted: 8
Deleted: Fill In
j Deleted: 5
{Deleted: Basic
j Deleted: 5
{Deleted: S
Deleted: [May need a statement here
that this agreement does not change the
sewer agreement between Tukwila and
King County].
I Deleted: reclaimed water aereement
Deleted: between the City and County
establishes the nermitted uses and
oblieatinns of the City
Deleted: related to the use and
distribution of reclaimed water I
4
'`.1 Deleted: dootion
Deleted: 5
IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth
below. ss, '•,(Deleted: a
Deleted: on behalf of
Comment [WTI.]: KLW: To be
updated just prior to signing in late
January
Deleted:
{Deleted: 2007
Deleted:
Deleted: 10
-j Deleted: 8
1
DRAFT 11/26/2007
CITY OF TUKWILA
By: IJim Haggertod,
Title: Mayor
Approved by City of Tukwila Resolution No.
Dated: 2008
Dated:
008 ___.--1 Comment [VIT2]: KIM: Since will
likely be signed in 2008.
1 Deleted:
Deleted:
1 Deleted: 2007
f Deleted: 2007
A Deleted: 10
Deleted: 9
Page 9 of 2,
INFORMATION MEMO
To:
From:
Date:
Subject:
Mayor Haggerton
Public Works Director ~
April 3, 2008
Sale and Distribution of Reclaimed Water
Commodity Wholesale Agreement
ISSUE
Approve reclaimed water supply agreement with King County for the sale and distribution
of reclaimed water for sanctioned uses within the City of Tukwila.
BACKGROUND
King County has drafted the attached agreement for sale and distribution of reclaimed
water for the city's consideration and approval. The South Reclamation Plant (at Renton),
produces effluent that is further treated to produce Class A reclaimed water. A reclaimed
water supply main starting at the treatment plant goes behind Fort Dent to Interurban
Avenue and ends at the southerly portion of Foster Golf Links. The city currently uses
reclaimed water at Fort Dent for irrigation, streetscape watering near Riverside Casino,
and at a purple hydrant near the George Long facility.
King County DNR and the City of Tukwila have worked out an appropriate rate structure
based on the new contracts for potable water. The cost to the City of Tukwila for
reclaimed water is 80% of the Seattle Public Utilities new contract base for wholesale
potable supplies (see Attachment B). Tukwila is one of the only Puget Sound agencies
that remain on the leading edge of implementing projects to help promote reclaimed water
and ways to use it. Reclaimed water is now a key part of Tukwila's Water
Comprehensive System Plan to help meet supply and conservation goals required as part
of the new Municipal Water Law recently put into effect last year by the Washington State
Department of Health. Tukwila recently passed an ordinance to adopt conservation
measures that include reclaimed water prior to the end of 2007.
RECOMMENDATION
Authorize the Mayor to sign a wholesale agreement with King County for the sale and
distribution of reclaimed water.
Attachments: Sale and Distribution Agreement
Attachment B
P:\PROJECT$\A- \VT Projects\92WT06 Foster Golf Reclaimed Water\Inf Memo - Reclaimed Water Sale_Distribution Agreement 403-0B.doc
AGREEMENT FOR THE SALE AND DISTRlBUTION OF RECLAIMED WATER
BETWEEN THE KING COUNTY DEPARTMENT OF NATURAL RESOURCES AND
PARKS AND
THE CITY OF TUKWILA
THIS AGREEMENT is entered into this day of , between
KING COUNTY through the DEPARTMENT OF NATURAL RESOURCES ("King County" or
"County") and THE CITY OF TUKWILA (hereinafter referred to as "City" or "Tukwila"),
together referred to as the "parties."
1. RECITALS
WHEREAS:
1.1.
1.2.
1.3.
1.4.
1.5.
1.6.
1.7.
1.8.
King County operates the South Reclamation Plant (the "Plant"), a municipal
wastewater treatment facility performing the function of metropolitan water.
pollution abatement as authorized under RCW 35.58.050(1); and
The Plant produces effluent, a by-product of secondary treatment of wastewater
and water pollution abatement, which may be treated further to produce reclaimed
water, as that term is defIned in the Reclaimed Water Act, RCW 90.46.010(4);
and
The Washington State legislature under RCW 90.46.005 encourages the use of
reclaimed water "to replace potable water in nonpotable applications, to
supplement existing surface and ground water supplies, and to assist in meeting
the future water requirements of the state; and
King County has a reclaimed water permit issued by the State of Washington
pursuant to RCW 90.46.030 and RCW 90.46.040, which authorized it to produce
Class A reclaimed water for land application and commercial and industrial use
within its service area.
King County has developed a reclaimed water facility at its South Reclamation
Plant, where it produces Class A reclaimed water.
The City of Tukwila is an optional municipal code city operating under Title 35A
RCW in the State of Washington, authorized under RCW 35.58.050(2) to provide
supply water; and
King County will supply reclaimed water to Tuk\vila for use within the City.
The City will effectuate the purposes ofthe Reclaimed \Vater Act, Ch. 90.46
RCW, implement the Water Reclamation and Reuse Standards (September 1997)
Reclaimed Water Distribution Agreement
Page 1
developed by the Washington State Departments of Health and Ecology pursuant
to the Reclaimed Water Act ("Standards").
1.9. The City will also provide continuing valuable information to King County about
the feasibility, technology, and operation of reclamation facilities.
1.10. King County and Tukwila have determined that it is in the public interest to enter
into an agreement to promote and implement the safe use of reclaimed water to
conserve the potable water supply; and
1.11. The City and King County shall at all times meet Washington State Health and
Ecology Water Reclamation standards.
2. SUPPLY AGREEMENT
NOW, THEREFORE, in consideration of the recitals and the mutual promises and
covenants contained herein, KING COUNTY DEPARTMENT OF NATURAL
RESOURCES agrees to supply and the CITY OF TUKWILA agrees to purchase
reclaimed water on the following terms and conditions:
3. DEFINITIONS
3.1 Class A reclaimed water: means reclaimed water that, at a minimum, is at all
times an oxidized, coagulated, filtered, disinfected wastewater and meets State
Class A standards as defined in the State Reclamation and Reuse Standards. At
the date of this Agreement, the standards are: the wastewater shall be considered
adequately disinfected if the median number of total coliform organisms in the
wastewater after disinfection does not exceed 2.2 per 100 milliliters as determined
from the bacteriological results of the last seven days for which analyses have
been completed, and the number of total coliform organisms does not exceed 23
per 100 milliliters in any sample.
3.2 End Use Customer: means the provider's customer, the person responsible for
putting reclaimed water to beneficial use pursuant to the sale provisions of Section
8 of this Agreement.
3.3 Provider: means the City of Tukwila, the purveyor of reclaimed water distributed
by King County to End Use Customers.
3.4 Reclaimed Water: means water derived in any part from wastewater effluent
from a wastewater treatment system that has been adequately and reliably treated,
so that as a result of that treatment, it is suitable for a beneficial use or a controlled
use that would not otherwise occur, such that it is no longer considered
wastewater. For the purpose of this Agreement, reclaimed water shall be further
defmed as Class A reclaimed water.
Reclaimed Water Distribution Agreement
Page 2
3.5 Reclaimer: means King County, the reclaimer of wastewater and the wholesale
distributor of Class A reclaimed water.
3.6 Reclamation criteria: means the criteria set forth in the water reclamation and
reuse interim standards and subsequent revisions adopted by the Department of
Ecology and the Department of Health, as defined in RCW 90.46.010(12),
currently set out in the Water Reclamation and Reuse Standards, Publication #97-
23 (September 1997).
3.7 Reclamation Water Meter Permit: means Tukwila's water meter permit which
specifically authorizes service connections and establishes the conditions of using
the reclaimed water by End Use Customers.
3.8 Reuse: means the use of reclaimed water, in compliance with Washington State
Departments of Health and Ecology regulations and standards, for a direct
beneficial use.
3.9 Service and Use Area Contract (end use customer agreement): shall mean the
contract required by King County's Reclaimed Water Permit No. ST-7445. The
Contract shall ensure that construction, operation, maintenance, use area
responsibilities and monitoring meet all requirements of the Department of Health
and Ecology, This Service and Use Area Contract must be consistent with the
requirements of the Water Reclamation and Reuse Standards, 1997 or subsequent
standards adopted by the State.
4. SUPPLY AND SALE OF RECLAIMED WATER
4.1 Quality of reclaimed water. King County agrees to deliver to Tukwila reclaimed
water as defmed by Washington State reclamation criteria. King County makes
no other representation concerning the quality of the reclaimed water and makes
no express or implied warrantees whatsoever, but will provide periodic water
monitoring data to end users for the purpose of determining compliance with these
standards.
4.2 Quantity of reclaimed water. King County will deliver reclaimed water for use
by the Provider and End User Customers in the use area at an amount equal to the
sum of all end user flow rates as specified in the attached Attachment A. The
quantity of water to be delivered may be amended to accommodate sales of
reclaimed water by the Provider pursuant to a valid reclaimed water agreement
entered into pursuant to Section 8 of this Agreement
4.3 Service pressure. King County shall provide reclaimed water through its supply
system at 60 PSI to 110 PSI.
Reclaimed Water Distribution Agreement
Page 3
4.4 Delivery of reclaimed water. King County shall deliver reclaimed water to
Tukwila through its conveyance line from the South Reclamation plant. Tukwila
shall install and maintain water meters on the outlet side of King County's
conveyance system, to provide accurate measurement of the quantity of reclaimed
water supplied for Provider's municipal use and to End Use Customers.
5. BENEFICIAL USE OF RECLAIMED WATER
Tukwila may use the reclaimed water supplied by King County for direct beneficial
purposes authorized under Washington State's reclamation criteria for Class A reclaimed
water, as follows:
5.1 Permitted municipal uses: All uses consistent with Washington State's
Reclamation and Reuse Standards and regulations (RCW 90.46) for Class A
reclaimed water and subsequent revisions adopted by the Department of Ecology
and the Department of Health, as defined in RCW 90.46.010(4), including, but not
limited to, irrigation, commercial (street sweeping, dust control) and industrial
uses.
5.2 Use area. Within the City of Tukwila
5.3 Use criteria. Tukwila recognizes that King County is charged with the
responsibility to operate its wastewater treatment systems in such a manner to
meet its permit requirements. As such, the parties understand and agree that, with
no liability to King County, there may be temporary interruptions in service due to
emergencies requiring curtailment of plant operations for repairs, as a result of
regulatory or judicial orders, and due to other circumstances beyond its control.
5.4 Restrictions on use.
5.4.1 King County agrees to supply reclaimed water to Tukwila contingent on
Tukwila's use of that water in full and continuous compliance with Washington
State's reclamation criteria and with the conditions in King County's Reclaimed
Water Permit No. ST -7 445.
5.4.2 Reclaimed water supplied pursuant to this Agreement shall not be used for
human consumption.
5.4.3 The City of Tukwila and the End Use Customers shall allow an authorized
representative of King County or of the Washington State Department of Health
or Ecology, upon the presentation of credentials:
5.4.3.1 To enter upon the premises where reclaimed water is distributed or
used under this contract;
Reclaimed Water Distribution Agreement
Page 4
5.4.3.2 To inspect at reasonable times any facilities, equipment, meters,
records, or premises involved in the distribution and use of the reclaimed
water under this contract, and to take samples of the water or premises,
and make copies of records.
6. PRICE. Timely payment by Provider is a substantial and material term of this
agreement,
7. RESALE TO END USE CUSTOMER.
Tukwila, as the Provider may resell the reclaimed water purchased from King County to
any of its End Use Customers within its domestic water service area for those purposes
approved by the Washington State Departments of Health and Ecology. Such sale shall
be allowed only pursuant to a binding Service and Use Area Contract (end use customer
agreement), as required by King County's Reclaimed Water Permit No. ST-7445, and a
reclamation water meter permit. The Contract shall ensure that construction, operation,
maintenance, use area responsibilities and monitoring meet all requirements of the
Department of Health and Ecology, This Service and Use Area Contract must be
consistent with the requirements of the Water Reclamation and Reuse Standards, 1997 or
subsequent standards adopted by the State. Such Service and Use Area Contract shall be
subject to the terms of this agreement and shall at a minimum include the following terms
and conditions:
7.1 Authority. Each individual Service and Use Area Contract shall provide the County
and Tukwila with the authority to regulate distribution, enter and inspect the site
and terminate service of reclaimed water to any customer violating the
Washington State Water Reclamation and Reuse Standards or subsequent
regulations.
7.2 Permitted beneficial uses. The lawful beneficial use to which the reclaimed water
shall be put shall be specified.
7.3 Use area. The use area shall be identified.
7.4 Restrictions on use.
7.4.1 King County's Agreement to supply reclaimed water to Tukwila for use
by End Use Customer is contingent on the customer's use of that water in
full and continuous compliance with Washington State's Reclaimed Water
Standards and regulations and with the terms and conditions of King
County's Reclaimed Water Permit No. ST-7445 that are applicable to End
Use Customers, including but not limited to Condition R7H.
Reclaimed Water Distribution Agreement
Page 5
7.4.2 Reclaimed water supplied to End Use Customers pursuant to this Agreement
. shall not be used for human consumption.
7.4.3 The End Use Customer shall allow an authorized representative ofTukwila,
King County or of the Washington State Department of Health or Ecology, upon
the presentation of credentials:
7.4.4 To enter upon the premises where reclaimed water is distributed or used
under this contract;
7.4.5 To inspect at reasonable times any facilities, equipment, meters, records, or
premises involved in the distribution and use of the reclaimed water under this
contract, and to take samples of the water or premises, and make copies of
records.
8. RESPONSIBILITY FOR PRODUCTION, DISTRIBUTION AND USE OF
RECLAIMED WATER.
Consistent with Washington State requirements, the parties shall have the following
responsibilities for the reclaimed water produced, distributed and used pursuant to this
Agreement:
8.1 Production. King County shall maintain control over, and be responsible for, all
facilities and activities inherent to the production of reclaimed water to ensure that
the reclamation plant operates as approved by the Washington State Departments
of Health and Ecology.
8.2 Distribution. King County shall maintain control over, and be responsible for, all
facilities and activities inherent in the distribution of the reclaimed water to the
Provider. The Provider shall ensure that the distribution system operates as
approved by the Washington State Departments of Health and Ecology. The
Provider shall own, operate, maintain and be responsible for the reclaimed water
in the service system beyond the meter. However, the Provider shall also own,
operate, maintain and be responsible for the 6-inch and 4-inch reclaimed water
line for the Foster Golf Links pond even though the meter is located just prior to
the pond discharge.
8.3 Use. The parties agree that any End Use Customer of reclaimed water produced
by King County shall maintain control over, and be responsible for, all facilities
and activities inherent to such End Use Customer's ovm use of the reclaimed
water supplied by King County or City of Tukwila. Where the reclaimed water is
put to use by an End Use Customer of Tukwila, in an area not under the direct
control of King County or Tukwila, that customer shall, pursuant to a Service and
Use Area Contract, maintain control over, and be responsible for, all facilities and
Reclaimed Water Distribution Agreement
Page 6
activities inherent in the use of the reclaimed water.. The Provider further agrees
to require the End Use Customer to ensure that its facilities and activities operate
as approved by the Washington State Departments of Health and Ecology and that
the End Use Customer use reclaimed water supplied and distributed under this
Agreement only pursuant to a Service and Use Area Contract.
8.4 Use area. King County shall not be responsible for the reclaimed water use area,
unless such reclaimed water use area is under the County's direct control.
9. INDEMNIFICATION
To the maximum extent permitted by applicable law, each party shall protect, indemnify,
defend and hold harmless the other party, respectively, its employees, agents, contractors,
subcontractors, officers, directors, attorneys, successors and assigns, while acting within
the scope of their employment as such, from and against any and all liabilities, damages,
penalties, claims, demands, judgments, losses, harm, costs, expenses, suits or actions,
including but not limited to employees, contractors, subcontractors, officers, directors,
attorneys, successors or assigns, arising out of or in connection with this Agreement
caused by or resulting from each party's own negligent acts or omissions. Each party
agrees that its obligations under this provision extend to any claim, demand, and/or cause
of action brought by or on behalf of any of its employees or agents. The foregoing
indemnity is specifically and expressly intended to constitute a waiver of each party's
immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the
other party only, and only to the extent necessary to provide the indemnified party with a
full and complete indemnity of claims made by the indemnitor's employees. The parties
acknowledge that these provisions were specifically negotiated and agreed upon by them.
In the event of litigation between parties to enforce the rights under this paragraph,
reasonable attorney fees shall be allowed to the prevailing party.
10. COST AND REVENUE ALLOCATION
10.1 Tukwila shall make payments to King County pursuant to the schedules contained
in Attachment B, incorporated herein by reference.
10.2 King County shall bill Tukwila on a monthly basis for the reclaimed water at the
rate agreed upon. Tukwila shall meter reclaimed water use through its reclaimed
water meter(s). The initial water rate shall be pursuant to the schedule in
Attachment B. Tukwila shall make payment within thirty (30) days of the date of
the bill.
10.3 Tukwila shall bill End Use Customers on a monthly basis for the reclaimed water
at a rate established by The City and shO\vn in Attachment B.
11. INTERRUPTION OF DELIVERY fUTILIZA TION OF SERVICE
Reclaimed Water Distribution Agreement
Page 7
11.1 lithe performance by either party is prevented or delayed by any of the following,
such party shall have a reasonable period of time after each such event to begin
performance under this Agreement:
11.1.1 Acts of God, fIre, storms, earthquake or similar cataclysmic occurrence;
11.1.2 Orders by regulatory bodies or courts; or
11.1.3 Unanticipated treatment upsets and equipment malfunctions beyond the
reasonable control of King County.
11.1.4 Scheduled maintenance or construction event.
11.2 In the event King County cannot deliver reclaimed water as specifIed under this
Agreement in 11.1.1, 11.1.2 and 11.1.3, King County will notify Tukwila, the
Provider and the End Use Customers at least twenty-four (48) hours in advance.
Where advance notice is not possible, within twenty-four (24) hours of the event
rendering the King County reclamation plant inoperative, King County will notify
Tukwila and the end use customers as soon as possible.
11.3 In the event King County cannot deliver reclaimed water as specifIed under this
Agreement in 11.1.4, King County will notify Tukwila, the Provider and the End
Use Customers at least thirty (30) days in advance.
11.4 In the event King County cannot deliver reclaimed water as specifIed under this
Agreement to Fort Dent Park softball outfields, King County shall provide city
water as a back-up water source within forty-eight (48) hours of the
discontinuation of reclaimed water supply as specified under 11.1 of this
agreement. In the event King County cannot deliver reclaimed water as specified
under this Agreement in 11.1.1, 11.1.2, and 11.1.3 for more than ninety (90) days,
King County shall no longer provide a back-up water source for Fort Dent Park
softball outfIelds.
11.5 In the event King County cannot deliver reclaimed water as specifIed under this
Agreement to Foster Golf Links, the Tukwila fire hydrant, and/or the Tukwila
median strip irrigation, King County shall not provide a back-up water source.
11.6 For all future end use customers of Tukwila, the arrangement for a back-up water
source in the event King County cannot deliver reclaimed water, shall be
negotiated between King County and Tukwila on an individual basis. The
negotiated back-up water source for each future end use customer will be added to
Attachment A as new end use customers are added.
Reclaimed Water Distribution Agreement
Page 8
12. DISPUTES
12.1 Each party shall negotiate in good faith and use its best efforts to resolve any
dispute which may develop hereunder. If a dispute cannot be resolved by the
project representatives of each party it shall be referred for further negotiation to
the King County Department of Natural Resources and Parks Director, the
Tukwila Public Works Director and the End Use Customer. Only upon failure to
resolve the dispute through such negotiations may either party institute legal
action. Venue for any such legal action shall be in King County, Washington.
13. CHANGED CONDITIONS
13.1 The parties agree to renegotiate this Agreement in good faith if:
13.1.1 If changes occur which substantially and adversely affect either party's
ability to perform the terms of this Agreement, such as but not limited to
the inability to obtain required agency approvals or required permits, or a
material increase in reclaimed water production costs;
13.1.2 During operation of the plant, any governmental agency having
jurisdiction over the project changes operating or discharge requirements
governing the project, and such changes result in the need for additional
facilities or otherwise substantially affect either party's costs or
performance under this Agreement.
13.2 If, in renegotiating their Agreement pursuant to Section 13.1 hereof, the parties
cannot agree on new terms, then on either party's request, the disputed terms shall
be addressed under the dispute resolution procedure provided in Section 12
herein. If neither party so requests, or if such procedure still does not result in
agreement between the parties, then either party may terminate this Agreement as
provided in Section 16 below.
14. SHARING OF INFORMATION
The parties agree, to the fullest extent permitted by law, to exchange information about
all aspects of the reclamation program including but not limited to operations,
maintenance, customer comments, metering data, water quality analyses, and regulatory
compliance.
15. TERM OF AGREEMENT
The term of this Agreement shall commence on the date of execution by the parties and
continue, subject to the terms and conditions hereof, for a term of 10 years thereafter,
unless this Agreement is terminated earlier as provided herein.
Reclaimed Water Distribution Agreement
Page 9
16. TERMINATION
16.1 The parties herein may terminate this Agreement as follows:
16.1.1 On sixty (60) days advance written notice, for changed conditions
occurring during the operation of the reclamation program to which the
parties cannot renegotiate or resolve their disagreement as provided in
Section 12.
16.1.2 On forty (40) days written notice to the other party, for a substantial and
material breach of this Agreement and following a reasonable opportunity
to cure such breach if it is curable, such notice shall specify the breach
claimed and the failure of the other party to cure it despite reasonable
opportunity to do so.
Reclaimed Water Distribution Agreement
Page 10
17. NOTICES.
City of Tukwila:
Pat Brodin, P.E., Operations Manager
600 Minkler Blvd
Tukwila, WA 98188
(206) 433-1861
pbrodin@ci.tukwila.wa.us
King County:
Steve Gilbert, Reclaimed Water Lead
Wastewater Treatment Division
KSC-NR-0512
201 S. Jackson Street
Seattle, WA 98104-3855
206-684-1243
steve.gilbert@kingcounty.gov
18. ASSIGNMENT
This Agreement may not be assigned without the express written consent of the other
party.
19. SEVERABILITY
If any of the provisions contained in this Agreement are held illegal, invalid, or
unenforceable, the remaining provisions shall remain in full force and effect.
20. NON WAIVER
Waiver of any breach of any provision of this Agreement shall not be deemed to be a
waiver of any prior or subsequent breach, and shall not be construed to be a modification
of this Agreement.
21. AMENDMENT
This Agreement may be amended only by an instrument in writing duly executed by all of
the parties to this Agreement.
Reclaimed Water Distribution Agreement
Page 11
IN WITNESS WHEREOF, King County Department of Natural Resources and the City of
Tukwila have executed this Agreement effective as of the date last written below.
Approved as to fonn:
Approved as to fonn:
City Attorney
KING COUNTY DEPARTMENT OF
NATURAL RESOURCES AND PARKS
By:
Title: Date
CITY OF TUKWILA
By:
Title: Mayor
ATTEST:
By:
Date
City Clerk
Reclaimed Water Distribution Agreement
Page 12
Attachment 8
King County will deliver reclaimed water to the City of Tukwila as per the terms of the
AGREEMENT FOR THE SALE AND DISTRIBUTION OF RECLAIMED WATER
BETWEEN THE KING COUNTY DEPARTMENT OF NATURAL RESOURCES
AND PARKS AND THE CITY OF TUKWILA.
The cost of delivery shall be based upon 80% of the Seattle Public Utilities (SPU) rate for
wholesale potable supplies. The rates outline below will be adjusted annually based
upon the SPU wholesale water customer rate commodity charge for new contracts.
..Sel;rCurrelitWfiC)lesal~,
"(~~~'~~~~:{'~.Ht~~~~/'~ij~~.
- - - --
.~c- _,,,-;; -.~
Reclaimed Water Com modi
King County Reclaimed Water Off Peak Usage Charge (Sept 16 - May 15) $.83
erCCF
King County Reclaimed Water Peak Usage Charge (May 16 - Sept 16) $1.28 per
CCF
INFORi\1ATION MElVIO
To:
From:
Date:
Subject:
Mayor Haggerton
Public W orks Directo~
April 2, 2008
Southcenter Boulevard Water Main
Project No. 98-WT05, Contract 07-054
Project Completion and Acceptance
ISSUE
Accept contract as complete and authorize release of retainage.
BACKGROUND
The Notice to Proceed for Contract No. 07-054 with R.L. Alia Company of Renton was issued
April 10, 2007. This project became critical after the 2001 Nisqually Earthquake broke the
existing 12-inch cast iron water main in the Green River Trail. The water main was repaired
but it was determined that the existing line needed to be upgraded to ductile iron pipe.
This contract was totally completed on November 13, 2007. Change Order No.1 was issued
in the amount of $24,000 for installing one 4" conduit for Time Warner Communications
along with two 2" spare conduits for Tukwila. Time Warner reimbursed Tukwila for the cost
of the 4" conduit. Change Order No.2 was issued as a fmal contract settlement in the amount
of $73,000.00, which caused the project to be over budget. Change Order No.2 was approved
by City Council on February 19, 2008. The change orders, fmal payment, and all fmal
documentation have been processed and the project is ready for closeout. The contract costs
are as follows:
Contract Award Amount
Change Orders
Subtotal
Sales Tax (8.9%)
Total Contract Amount
$ 703 ,000.00
97.000.00
$ 800,000.00
71.200.00
$ 871.200.00
RECOMMENDATION
It is recommended that this contract be forwarded to the Tukwila City Council on the
consent agenda for formal acceptance and authorize release of the retainage, subject to the
standard claim and lien release procedures.
Attachments: Vicinity Map
Information Memo Change Order No.2
Notice of Completion of Public Works Contract
P:\PROJECTS\A- wr Projects\98wt05 Southcenter Blvd\JNFO MEMO Acceptance - ALIA - Scu Blvd Water Main.doc
Southcenter Boulevard Water Main
Aerial Photo Map
Project No. 98-WT05, Contract 07-054
Project Completion and Acceptance
INFORMATION MEMO
TO: Mayor Haggerton
FROM: Public Works Director
DATE: February 6, 2008
SUBJECT: Southcenter Boulevard Water Main Replacement Project
Project No. 98-WT05, Contract No. 07-054
Change Order No.2 - Final Settlement - Budget Shortfall
ISSUE
Approval of Change Order No.2 brings total final project cost over budget.
BACKGROUND
R.L. Alia Company overran the contract time by approximately 100 days and was initially
assessed liquidated damages of over $100,000. Subsequently, R.L. Alia fIled a protest and
provided additional documentation and details demonstrating that, in a lawsuit, they may be
able to show that the plans were not clear enough to allow the bidder to plan for all the
intricacies required to install the new water main across the Southcenter Boulevard Bridge
through existing knockouts and penetrations without significant extra labor, materials,
equipment and contract time.
Subsequently, the final settlement Change Order was negotiated in the amount of $73,000 to
compensate R.L. Alia Company for all additional direct labor, equipment and material costs.
The fmal total for the construction contract is estimated to be $871,200.
Due to the overruns in time, the base contract of $89,615 for construction management (CM)
was increased with Amendment 1 by $12,414 and Amendment 2 is pending at $6,771, for a
CM total of $108,800.
The attached closeout budget analysis shows that the expenditures exceed the budget amounts
by $49,035.
ANALYSIS
This fmal settlement Change Order is a fair and equitable complete compensation.
Furthermore, this settlement minimizes the risk of a protracted battle with a.contractor and
eliminates potential litigation costs.
An upcoming agenda item for an interlocal agreement with King County Metro includes
savings of up to $110,000 for the City of Tukwila. King County will pay for the design and
construction if Tukwila agrees to pay for bidding and construction management. See page 81 of
the 2008 CIP for proposed savings.
RECOMMENDATION
Authorize the Mayor to sign Change Order No.2 for $73,000 and approve using ending water
fund balance due to savings in the Interurban Water Reuse project to pay for project budget
shortfall.
Attachments: Closeout Budget Analysis
2008 CIP page 81
C:\TempIXPGrpWlSe\Info Memo C0#2 2-06-08 - UC budget paper gLdoc
From:
State of Washington
Department of Revenue
PO Box 47474
REVENUE Olympia WA 98504 -7474 Contractor's Registration No. (UBI No.) 600 149 378
Date 3/20/08
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Southcenter Boulevard Water Main (Proj. 98 -WT05)
Contractor's Name
Sub -Total 800,000.00
Amount of Sales Tax Paid at 8.9 71,200.00
(If various rates apply, please send a breakdown)
TOTAL 871,200.00
Comments: 8.9
Finance Approval
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
Name Address of Public_Agency
r\
d
Notice is hereby given relative to the completion of contract or project described below
Description of Contract Contract Number
R.L. Alia Company
Contractor's Address
107 Williams Avenue S, Renton, WA 98057
Date Work Commenced Date Work Completed Date Work Accepted
4/10/07 11/13/07 3/15/07
Surety or Bonding Company
Hartford Fire Insurance Company
Agent's Address
Parker Smith Feek Inc. 2233 112th Ave NE, Bellevue WA 98004
Contract Amount 703,000.00
Additions 97,000.00 Liquidated Damages 0.00
Reductions 0.00
Signature
Type or Print Name Diane Jaber
Phone Number (206) 433 -1871
Department Use Only
Assigned To
Date Assigned
07 -054
Telephone Number
425- 226 -8100
Amount Disbursed 831,200.00
Amount Retained 40,000.00
lsbitrsing. officer:
TOTAL 871,200.00
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue,
PO Box 47474, Olympia, WA 98504 -7474, immediately after acceptance of the work done under this contract. NO
PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in
accordance with said certificate.
To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753 -3217. Teletype
(TTY) users please call (800) 451 -7985. You may also access tax information on our Internet home page at http: /dor.wa.gov.
REV 31 0020e (6- 27 -01)
INFORMATION MEMO
To:
From:
Date:
Subject:
Mayor Haggerton
Public Works Directo~
April 2, 2008
S 129th Street Drainage Project
Project No. 07-DR04, Contract No. 07-162
Project Completion and Acceptance
ISSUE
Accept construction contract as complete and authorize release of retainage.
BACKGROUND
The Notice to Proceed for Contract No. 07-162 with Brike Excavating & Underground
Utilities, LLC, of Renton, was issued January 7, 2008. This project provided a new
drainage system to allow for the removal of a swale from private property. The new
system carries the drainage across S. 129m Street to. an infIltration system within the
Codiga Farms site, adjacent to the roadway. No piped drainage outfalls to the river exist
in the area, so infIltration was the only available option to dispose of the roadway runoff.
This contract was totally complete on January 22, 2008. Change Order No 1 was issued in
the amount of$2,588.12 as compensation for additional asphalt concrete pavement thickness
of 14", contrary to the expected 6" depth portrayed in the contract plans.
Contract Award Amount
Change Order No. 1
Total Amount Paid (including tax and retainage)
$ 37,697.91
2.588.12
$ 40.286.03
RECOMMENDATION
It is recommended that this contract be forwarded to the Tukwila City Council on the
consent agenda for formal acceptance and authorize the release of retainage, subject to the
standard claim and lien release procedures.
Attachments: Notice of Completion of Public Works Contract
Vicinity Map
P:\PROJECTS\A- DR Projects\07-DR04 (5. 129th Street Drainage Modifications\lnfo Memo - Ooseout BRlKE - 5 129th Drainage.doc
From:
State of Washington
Department of Revenue
PO Box 47474
R EVENUE Olympia WA 98504 -7474 Contractor' s Registration No. (UBI No.) 601 979 516
Date 2/11/08
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Description of Contract
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
Name Address of Public Agenc
Notice is hereby given relative to the completion of contract or project described below
South 129 Street Drainage Modifications; Project #07 -DRO4 07 -162
Contractor's Name Telephone Number
Brike Excavating Underground Utilities, LLC 425 271 8417
Contractor's Address
15620 SE Renton Issaquah Road, Renton, WA 98059
Date Work Commenced Date Work Completed Date Work Accepted
1/7/08 1/22/08 12/4/07
Surety or Bonding Company
Insco Insurance Services, Bond 334733P
Agent's Address
Developer's Surety Indemnity Co., 17780 Fitch, Suite 200, Irvine, CA 92614
Contract Amount 37,697.91
Additions 2,588.12
Reductions 0.00
Sub Total 40,286.03
Amount of Sales Tax Paid at 0.0 0.00
(If various rates apply, please send a breakdown.)
TOTAL 40,286.03
Comments: No additive sales tax paid per
Rule 171
Finance Approval
Assigned To
Date Assigned
Signature
Type or Print Name Diane Jaber
Phone Number 206 -433 -1871
Amount Disbursed
Amount Retained
Department Use; Oi
Contract Number
Liquidated Damages 0.00
TOTAL 40,286.03
isb using :officer
Y
38,271.72
2,014.31
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue,
PO Box 47474, Olympia, WA 98504 -7474, immediately after acceptance of the work done under this contract. NO
PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in
accordance with said certificate.
To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753 -3217. Teletype
(TTY) users please call (800) 451 -7985. You may also access tax information on our Internet home page at http: /dor.wa.gov.
REV 31 0020e (6- 27 -01)
South 129th Drainage Modifications
Aerial Photo Map
Existing Pipe to be
Abandoned
Existing Swale to be
Abandoned
Catch Basin
Existing
Proposed
Closed Pipe
Photo Date: April 2005