HomeMy WebLinkAboutUtilities 2008-06-02 COMPLETE AGENDA PACKET
City of Tukwila
Utilities Committee
Distribution:
V. Griffin
J. Hernandez
K. Hougardy
P. Under
D. Robertson
J. Duffie
Mayor Haggerton
R. Berry
K. Matej
D. Speck
C. O'Flaherty
Deputy City Clerk
S. Norris
.:. Verna Griffin, Chair
.) Joan Hernandez
.:. Kathy Hougardy
AGENDA
MONDAY, JUNE 2, 2008
N. Olivas
J. Morrow
F. lriarte
B. Giberson
G. Labanara
R. Larson
M. Cusick
P. Lau
P. Brodin
S. Anderson
J. Howat
B. Still
R. Still
Finance Director
S. Kerslake
M. Miotke
J. Pace
C. Parrish
B. Arthur
File Copy
Single side to Dana
3 Extra Copies
e-mail to B.Saxton
C. O'Flaherty, K.
Narog, S. Norris &
S. Kirb
Time: 5:00 PM Place: Conference Room #1
ActiontobeiTaken
Page'
I. Current Agenda Review
I.
II. Presentation
II.
III. Business Agenda
III.
A. Sale and Distribution of Reclaimed Water A. Forward to COW 6/9/08
Commodity Wholesale Agreement with King County
Pg. 1
B. Reclaimed Water Line Extension Project B. Forward to COW 6/9/08
Interlocal Agreement with King County
IV. Old Business
IV.
Future Agendas:
Next Scheduled Meeting: Monday, June 1~ 2008
b The City of Tukwila strives to accommodate individuals with disabilities.
Please contact the Public Works Department at 206-433-0179 for assistance.
Pg.17
INFOR1VIATION l\1EMO
To:
From:
Date:
Subject:
Mayor Haggerton
Public W orks Directo~
May 28, 2008
Sale and Distribution of Reclaimed Water
Commodity Wholesale Agreement
ISSUE
Approve reclaimed water supply agreement with King County for the sale and distribution of
reclaimed water.
BACKGROUND
The Reclaimed Water Supply Agreement was before the Utilities Committee on April 7, 2008
and has been brought back with updated exhibits.
Tukwila is on the leading edge of water reuse in King County. The Cascade Water Alliance
endorses and encourages Tukwila to utilize supplemental sources that will lessen the need to
develop new sources and at the same time keep Cascade within the allotted Seattle Public
Utilities (SPU) block of water. If Cascade stays within its allotted amount of water then it
does not incur penalties.
King County DNR and the City of Tukwila have worked out an appropriate rate structure
based on the new contracts for potable water. Tukwila's cost for reclaimed water is 80% of
SPU's new contract base price for wholesale potable water.
Reclaimed water is now a key part of Tukwila's Water Comprehensive System Plan to help
meet supply and conservation goals required as part of the new Municipal Water Law put into
effect last year by the Washington State Department of Health. The City of Tukwila has
crafted the usage agreement in such a way as to avoid jeopardizing our existing water rights on
the Duwamish River.
Reclaimed water may only be used for irrigation; commercial uses - street sweeping; dust
control; and industrial uses.
RECOMMENDATION
Authorize Mayor to sign wholesale agreement with King County for sale and distribution of
reclaimed water.
Attachments: Agreement for the Sale and Distribution of Reclaimed Water
P:\Jim\Info 052808 Reclaimed Supply Agreement.doc
1
AGREEMENT FOR THE SALE Al~D DISTRIBUTION OF RECLAIMED WATER
BETWEEN THE KING COUNTY DEPARTMENT OF NATURAL RESOURCES & PARKS
AND
THE CITY OF TUKWILA
THIS AGREEMENT is entered into this _ day of , between KING
COUNTY through the DEPARTMENT OF NATURAL RESOURCES ("King County" or
"County") and THE CITY OF TUKWILA (hereinafter referred to as "City" or "Tukwila"),
together referred to as the "parties."
1. RECITALS
WHEREAS:
1.1 King County operates the South Reclamation Plant (the "Plant"), a municipal sewage
treatment facility performing the function of metropolitan water pollution abatement as
authorized under RCW 35.58.050(1); and
1.2 The Plant produces effluent, a by-product of secondary treatment of sewage and water
pollution abatement, which may be treated further to produce reclaimed water, as that
term is defined in the Reclaimed Water Act, RCW 90.46.010(4); and
1.3 The Washington State legislature under RCW 90.46.005 encourages the use of
reclaimed water to replace potable water in nonpotable applications, to supplement
existing surface and ground water supplies, and to assist in meeting the future water
requirements of the state; and
1.4 King County has a reclaimed water permit issued by the State of Washington pursuant
to RCW 90.46.030 and RCW 90.46.040, which authorized it to produce Class A
reclaimed water for land application and commercial and industrial use within its
servIce area.
1.5 King County has developed a reclaimed water facility at its South Reclamation Plant,
where it produces Class A reclaimed water.
1.6 The City of Tukwila is an optional municipal code city operating under Title 35A RCW
in the State of Washington, authorized under RCW 35.58.050(2) to provide supply
water; and
1.7 King County will supply reclaimed water to Tukwila for use within the City.
Reclaimed Water Distribution Agreement
Page 1
2
1.8 The City will effectuate the purposes of the Reclaimed Water Act, Ch. 90.46 RCW,
implement the Water Reclamation and Reuse Standards (September 1997) developed
by the Washington State Departments of Health and Ecology pursuant to the Reclaimed
Water Act ("Standards").
1.9 The City will also provide continuing valuable information to King County about the
feasibility, technology, and operation of reclamation facilities.
1.10 King County and Tukwila have determined that it is in the public interest to enter into
an agreement to promote and implement the safe use of reclaimed water to conserve the
potable water supply; and
1.11 The City and King County shall at all times meet Washington State Health and Ecology
Water Reclamation standards.
2. SUPPLY AGREEMENT
NOW, THEREFORE, in consideration of the recitals and the mutual promises and covenants
contained herein, KING COUNTY DEPARTMENT OF NATURAL RESOURCES agrees to
supply and the CITY OF TUKWILA agrees to purchase reclaimed water on the following
terms and conditions:
3. DEFINITIONS
3.1 Class A Reclaimed Water: means reclaimed water that, at a minimum, is at all times
an oxidized, coagulated, filtered, disinfected wastewater and meets State Class A
standards as defmed in the State Reclamation and Reuse Standards. At the date of this
Agreement, the standards are: the wastewater shall be considered adequately disinfected
if the median number of total coliform organisms in the wastewater after disinfection
does not exceed 2.2 per 100 milliliters as determined from the bacteriological results of
the last seven days for which analyses have been completed, and the number of total
coliform organisms does not exceed 23 per 100 milliliters in any sample.
3.2 End Use Customer: means the provider's customer, the person responsible for putting
reclaimed water to beneficial use pursuant to the sale provisions of Section 8 of this
Agreement.
3.3 Provider: means the City of Tukwila, the purveyor of reclaimed water distributed by
King County to End Use Customers.
3.4 Reclaimed Water: means water derived in any part from sewage from a wastewater
treatment system that has been adequately and reliably treated, so that as a result of that
treatment, it is suitable for a beneficial use or a controlled use that would not otherwise
occur, and it is no longer considered wastewater. For the purpose ofthis Agreement,
reclaimed water shall be further defined as Class A reclaimed water.
Reclaimed Water Distribution Agreement
Page 2
3
3.5 Reclaimer: means King County, the reclaimer of wastewater and the wholesale
distributor of Class A reclaimed water.
3.6 Reclamation Criteria: means the criteria set forth in the water reclamation and reuse
interim standards and subsequent revisions adopted by the Department of Ecology and
the Department of Health, as defmed in RCW 90.46.010(12), currently set out in the
Water Reclamation and Reuse Standards, Publication #97-23 (September 1997).
3.7 Reclamation Water Meter Permit: means Tukwila's water meter permit which
specifically authorizes service connections and establishes the conditions of using the
reclaimed water by End Use Customers.
3.8 Reuse: means the use of reclaimed water, in compliance with Washington State
Departments of Health and Ecology regulations and standards, for a direct beneficial
use.
3.9 Service and Use Area Contract (end use customer agreement): shall mean the
contract required by King County's Reclaimed Water Permit No. ST-7445. The
Contract shall ensure that construction, operation, maintenance, use area responsibilities
and monitoring meet all requirements of the Departments of Health and Ecology, This
Service and Use Area Contract must be consistent with the requirements ofthe Water
Reclamation and Reuse Standards, 1997 or subsequent standards adopted by the State.
4. SUPPLY AND SALE OF RECLAIMED WATER
4.1 Quality of Reclaimed Water. King County agrees to deliver to Tukwila reclaimed
water as defmed by Washington State reclamation criteria. King County makes no
other representation concerning the quality of the reclaimed water and makes no
express or implied warrantees whatsoever, but will provide periodic water monitoring
data to end users for the purpose of determining compliance with these standards.
4.2 Quantity of Reclaimed Water. King County will deliver reclaimed water for use by
the Provider and End User Customers in the sanctioned Use Area as shown in Exhibit
A. The quantity of water to be delivered may be analyzed and amended to accommodate
sales of reclaimed water by the Provider pursuant to a valid reclaimed water agreement
entered into pursuant to Section 8 of this Agreement.
4.3 Service Pressure. King County shall provide reclaimed water through its supply
system at 60 PSI to 110 PSI.
4.4 Delivery of Reclaimed Water. King County shall deliver reclaimed water to Tukwila
through its conveyance line from the South Reclamation plant. Tukwila shall install
and maintain water meters on the outlet side of King County's conveyance system, to
Reclaimed Water Distribution Agreement
Page 3
4
provide accurate measurement of the quantity of reclaimed water supplied for
Provider's municipal use and to End Use Customers.
5. BENEFICIAL USE OF RECLAIMED WATER
Tukwila may use the reclaimed water supplied by King County for direct beneficial purposes
authorized under Washington State's reclamation criteria for Class A reclaimed water, as
follows:
5.1 Permitted Municipal Uses: All uses consistent with Washington State's Reclamation
and Reuse Standards and regulations (RCW 90.46) for Class A reclaimed water and
subsequent revisions adopted by the Department of Ecology and the Department of
Health, including, but not limited to, irrigation, commercial (street sweeping, dust
control) and industrial uses.
5.2 Use Area. Within the City of Tukwila's legal boundary.
5.3 Use Criteria. Tukwila recognizes that King County is charged with the responsibility to
operate its wastewater treatment systems in such a manner to meet its permit
requirements. As such, the parties understand and agree that, with no liability to King
County, there may be temporary interruptions in service due to emergencies requiring
curtailment of plant operations for repairs, as a result of regulatory or judicial orders,
and due to other circumstances beyond its control.
5.4 Restrictions on Use.
5.4.1 King County agrees to supply reclaimed water to Tukwila contingent on
Tukwila's use of that water in full and continuous compliance with Washington
State's reclamation criteria and with the conditions in King County's Reclaimed
Water Permit No. ST-7445.
5.4.2 Reclaimed water supplied pursuant to this Agreement shall not be used for
human consumption.
5.4.3 The City of Tukwila and the End Use Customers shall allow an authorized
representative of King County or ofthe Washington State Departments of
Health or Ecology, upon the presentation of credentials:
5.4.3.1 To enter upon the premises where reclaimed water is distributed or
used under this contract;
5.4.3.2 To inspect at reasonable times any facilities, equipment, meters,
records, or premises involved in the distribution and use of the
reclaimed water under this contract, and to take samples of the water
or premises, and make copies of records.
Reclaimed Water Distribution Agreement
Page 4
5
6. PRICE. Timely payment by Provider is a substantial and material term of this agreement,
7. RESALE TO END USE CUSTOMER.
Tukwila, as the Provider, may resell the reclaimed water purchased from King County to any
of its End Use Customers within its domestic water service area for those purposes approved
by the Washington State Departments of Health and Ecology. Such sale shall be allowed
only pursuant to a binding Service and Use Area Contract (end use customer agreement), as
required by King County's Reclaimed Water Permit No. ST-7445, and Tukwila's reclamation
water meter permit. The Contract shall ensure that construction, operation, maintenance, use
area responsibilities and monitoring meet all requirements of the Departments of Health and
Ecology. This Service and Use Area Contract must be consistent with the requirements of the
Water Reclamation and Reuse Standards, 1997 or subsequent standards adopted by the State.
Such Service and Use Area Contract shall be subject to the terms of this agreement and shall
at a minimum include the following terms and conditions:
7.1 Authority. Each individual Service and Use Area Contract shall provide the County
and Tukwila with the authority to regulate distribution, enter and inspect the site and
terminate service of reclaimed water to any customer violating the Washington State
Water Reclamation and Reuse Standards or subsequent regulations.
7.2 Permitted Beneficial Uses. The lawful beneficial use to which the reclaimed water
shall be put shall be specified.
7.3 Use Area. The use area shall be identified in Exhibit A.
7 A Restrictions on Use.
704.1 King County's Agreement to supply reclaimed water to Tukwila for use by End
Use Customer is contingent on the customer's use of that water in full and
continuous compliance with Washington State's Reclaimed Water Standards
and regulations and with the terms and conditions of King County's Reclaimed
Water Permit No. ST -7 445 that are applicable to End Use Customers, including
but not limited to Condition R7H.
704.2 Reclaimed water supplied to End Use Customers pursuant to this Agreement
shall not be used for human consumption.
704.3 The End Use Customer shall allow an authorized representative ofTukwila,
King County or ofthe Washington State Departments of Health or Ecology,
upon the presentation of credentials:
70404 To enter upon the premises where reclaimed water is distributed or used under
this contract;
Reclaimed Water Distribution Agreement
Page 5
6
7.4.5 To inspect at reasonable times any facilities, equipment, meters, records, or
premises involved in the distribution and use of the reclaimed water under this
contract, and to take samples of the water or premises, and make copies of
records.
8. RESPONSIBILITY FOR PRODUCTION, DISTRIBUTION AND USE OF
RECLAIMED \V ATER.
Consistent with Washington State requirements, the parties shall have the following
responsibilities for the reclaimed water produced, distributed and used pursuant to this
Agreement:
8.1 Production: King County shall maintain control over, and be responsible for, all
facilities and activities inherent to the production of reclaimed water to ensure that the
reclamation plant operates as approved by the Washington State Departments of Health
and Ecology.
8.2 Distribution: King County shall maintain control over, and be responsible for, all
facilities and activities inherent in the distribution of the reclaimed water to the
Provider. The Provider shall ensure that the distribution system operates as approved
by the Washington State Departments of Health and Ecology. The Provider shall own,
operate, maintain and be responsible for the reclaimed water in the service system
beyond the meter. However, the Provider shall also own, operate, maintain and be
responsible for the small reclaimed water line (6-inch, 4-inch, and 3-inch pipe)
connected to King County's 16-inch reclaimed water transmission line and discharging
to the Foster Golf Links pond even though the meter is located just prior to the pond
discharge.
8.3 Use: The parties agree that any End Use Customer of reclaimed water produced by
King County shall maintain control over, and be responsible for, all facilities and
activities inherent to such End Use Customer's own use of the reclaimed water supplied
by King County or City of Tukwila. Where the reclaimed water is put to use by an End
Use Customer of Tukwila, in an area not under the direct control of King County or
Tukwila, that customer shall, pursuant to a Service and Use Area Contract, maintain
control over, and be responsible for, all facilities and activities inherent in the use of the
reclaimed water. The Provider further agrees to require the End Use Customer to
ensure that its facilities and activities operate as approved by the Washington State
Departments of Health and Ecology and that the End Use Customer use reclaimed water
supplied and distributed under this Agreement only pursuant to a Service and Use Area
Contract.
8.4 Use area: King County shall not be responsible for the reclaimed water use area, unless
such reclaimed water use area is under the County's direct control.
Reclaimed Water Distribution Agreement
Page 6
7
9. INDEMNIFICATION
To the maximum extent permitted by applicable law, each party shall protect, indemnify,
defend and hold harmless the other party, respectively, its employees, agents, contractors,
subcontractors, officers, directors, attorneys, successors and assigns, while acting within the
scope of their employment as such, from and against any and all liabilities, damages,
penalties, claims, demands, judgments, losses, harm, costs, expenses, suits or actions,
including but not limited to employees, contractors, subcontractors, officers, directors,
attorneys, successors or assigns, arising out of or in connection with this Agreement caused
by or resulting from each party's own negligent acts or omissions. Each party agrees that its
obligations under this provision extend to any claim, demand, and/or cause of action brought
by or on behalf of any of its employees or agents. The foregoing indemnity is specifically and
expressly intended to constitute a waiver of each party's immunity under Washington's
Industrial Insurance Act, RCW Title 51, as respects the other party only, and only to the
extent necessary to provide the indemnified party with a full and complete indemnity of
claims made by the indemnitor's employees. The parties acknowledge that these provisions
were specifically negotiated and agreed upon by them. In the event of litigation between
parties to enforce the rights under this paragraph, reasonable attorney fees shall be allowed to
the prevailing party.
10. COST AND REVENUE ALLOCATION
1 0.1 Tukwila shall make payments to King County pursuant to the schedules contained in
Exhibit B, incorporated herein by reference.
1 0.2 King County shall bill Tukwila on a monthly basis for the reclaimed water at the rate
agreed upon. Tukwila shall meter reclaimed water use through its reclaimed water
meter(s). The initial wholesale commodity water rate shall be pursuant to the schedule
in Exhibit B. Tukwila shall make payment within thirty (30) days of the date of the bill.
10.3 Tukwila shall bill End Use Customers on a monthly basis for the reclaimed water at a
rate established by The City.
11. INTERRUPTION OF DELIVERYIUTILIZATION OF SERVICE
11.1 If the performance by either party is prevented or delayed by any of the following, such
party shall have a reasonable period of time after each such event to begin performance
under this Agreement:
11.1.1 Acts of God, fire, storms, earthquake or similar cataclysmic occurrence;
11.1.2 Orders by regulatory bodies or courts; or
11.1.3 Unanticipated treatment upsets and equipment malfunctions beyond the
reasonable control of King County.
Reclaimed Water Distribution Agreement
Page 7
8
11.1.4 Scheduled maintenance or construction event.
11.2 In the event King County cannot deliver reclaimed water as specified under this
Agreement in 11.1.1, 11.1.2 and 11.1.3, King County will notify Tukwila, the Provider
and the End Use Customers at least forty-eight (48) hours in advance. Where advance
notice is not possible, King County will notify Tukwila and the end use customers as
soon as possible after the event renders the King County reclamation plant inoperative.
11.3 In the event King County cannot deliver reclaimed water as specified under this
Agreement in 11.1.4, King County will notify Tukwila, the Provider and the End Use
Customers at least thirty (30) days in advance.
11.4 In the event King County cannot deliver reclaimed water as specified under this
Agreement to Fort Dent Park softball outfields, King County shall provide city water as
a back-up water source within forty-eight (48) hours of the discontinuation of reclaimed
water supply as specified under 11.1 of this agreement. In the event King County
cannot deliver reclaimed water as specified under this Agreement in 11.1.1, 11.1.2, and
11.1.3 for more than ninety (90) days, King County shall no longer provide a back-up
water source for Fort Dent Park softball outfields.
11.5 In the event King County cannot deliver reclaimed water as specified under this
Agreement to Foster Golf Links, the Tukwila fire hydrant, and/or the Tukwila median
strip irrigation, King County shall not provide a back-up water source.
11.6 For all future end use customers ofTukwila, the arrangement for a back-up water
source in the event King County cannot deliver reclaimed water, shall be negotiated
between King County, Tukwila, and the end use customer on an individual basis and
shall be described in the Service and Use Area Agreement (end use customer
agreement).
12. DISPUTES
12.1 Each party shall negotiate in good faith and use its best efforts to resolve any dispute
which may develop hereunder. If a dispute cannot be resolved by the project
representatives of each party it shall be referred for further negotiation to the King
County Department of Natural Resources and Parks Director, the Tukwila Public
Works Director and the End Use Customer. Only upon failure to resolve the dispute
through such negotiations may either party institute legal action. Venue for any such
legal action shall be in King County, Washington.
13. CHANGED CONDITIONS
13.1 The parties agree to renegotiate this Agreement in good faith if:
Reclaimed Water Distribution Agreement
Page 8
9
13.1.1 If changes occur which substantially and adversely affect either party's ability
to perform the terms of this Agreement, such as but not limited to the inability
to obtain required agency approvals or required permits, or a material increase
in reclaimed water production costs;
13.1.2 During operation of the plant, any governmental agency having jurisdiction
over the project changes operating or discharge requirements governing the
project, and such changes result in the need for additional facilities or
otherwise substantially affect either party's costs or performance under this
Agreement.
13.2 If, in renegotiating their Agreement pursuant to Section 13.1 hereof, the parties cannot
agree on new terms, then on either party's request, the disputed terms shall be
addressed under the dispute resolution procedure provided in Section 12 herein. If
neither party so requests, or if such procedure still does not result in agreement
between the parties, then either party may terminate this Agreement as provided in
Section 16 below.
14. SHARING OF INFORMATION
The parties agree, to the fullest extent permitted by law, to exchange information about all
aspects of the reclamation program including but not limited to operations, maintenance,
customer comments, metering data, water quality analyses, and regulatory compliance.
15. TERM OF AGREEMENT
The term ofthis Agreement shall commence on the date of execution by the parties and
continue, subject to the terms and conditions hereof, for a term of 10 years thereafter, unless
this Agreement is terminated earlier as provided herein.
16. TERMINATION
16.1 The parties herein may terminate this Agreement as follows:
16.1.1 On sixty (60) days advance written notice, for changed conditions occurring
during the operation of the reclamation program to which the parties cannot
renegotiate or resolve their disagreement as provided in Section 12.
16.1.2 On forty (40) days written notice to the other party, for a substantial and
material breach ofthis Agreement and following a reasonable opportunity to
cure such breach if it is curable, such notice shall specify the breach claimed and
the failure of the other party to cure it despite reasonable opportunity to do so.
Reclaimed Water Distribution Agreement
Page 9
10
17. NOTICES.
City of Tukwila:
Pat Brodin, Operations Manager
Minkler Shops
600 Minkler Blvd
Tukwila, W A 98188
(206) 433-1861
pwu til@ci.tukwila.wa.us
King County:
Sue Kaufman-Una, Reclaimed Water Lead
Wastewater Treatment Division
KSC-NR-0512
201 S. Jackson Street
Seattle, W A 98104-3855
206-684-1243
susan.kaufman-una@kingcounty.gov
18. ASSIGNMENT
This Agreement may not be assigned without the express written consent of the other party.
19. SEVERABILITY
If any of the provisions contained in this Agreement are held illegal, invalid, or
unenforceable, the remaining provisions shall remain in full force and effect.
20. NON WAIVER
Waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver
of any prior or subsequent breach, and shall not be construed to be a modification of this
Agreement.
21. AMENDMENT
This Agreement may be amended only by an instrument in writing duly executed by all of the
parties to this Agreement.
Reclaimed Water Distribution Agreement
Page 10
11
IN \VITNESS WHEREOF, King County Department of Natural Resources and the City of
Tukwila have executed this Agreement effective as ofthe date last written below.
Approved as to form:
Approved as to form:
City Attorney
KING COUNTY DEPARTMENT OF
NATURAL RESOURCES AND PARKS
CITY OF TUKWILA
By:
Title: DNRP Director
By:
Jim Haggerton, Mayor
Date:
Date:
ATTEST:
By:
City Clerk
Reclaimed Water Distribution Agreement
Page 11
12
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The information included on this map has been compiled from a variety of sources and is
subject to change without notice. King County makes no representations or warranties,
express or implied, as to accuracy, completeness, timelness, or rights to the use of such
information. This document is not intended for use as a survey product King County
shall not be ride for any general, special, indirect, irlcidential, or consequential damages
incb,ding, but not limited to, lost revenues or lost profits resulting from the use or misue
of the information contained on this map. Any sale of this map or 6dormation on this map
is prohibited except by wall., permission of King County.
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Exhibit A
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Reclaimed Water Pipeline
Ownership Map
13
14
Attachment 8
King County will deliver reclaimed water to the City of Tukwila as per the terms of the
AGREEMENT FOR THE SALE AND DISTRIBUTION OF RECLAIMED WATER
BETWEEN THE KING COUNTY DEPARTMENT OF NATURAL RESOURCES
AND PARKS AND THE CITY OF TUKWILA.
The cost of delivery shall be based upon 80% of the Seattle Public Utilities (SPU) rate for
wholesale potable supplies. The rates outlined below will be adjusted annually based
upon the SPU wholesale water customer rate commodity charge for new contracts.
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King County Reclaimed Water Peak Usage Charge (May 16 - Sept 16) $1.28 per
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P:\PROJECfS\A- WT Projects\92WT06 Foster Golf Reclaimed Water\Reclaimed Water Sale_Distnbution Agnnt - Attachment Rdoc
15
16
INFORl"VIATION MElVIO
Date:
Subject:
Mayor Haggerton
Public W orks Direct~
May 15,2008
To:
From:
Reclaimed Water Line Extension Proiect
Project No. 92-WT06
Interlocal Agreement with King County
ISSUE
Approve the Interlocal Agreement with King County for extension of the reclaimed water line
from King County Sewer Pump Station on Interurban Avenue South to the Foster Golf Links
irrigation pond. 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 the Department of
Ecology (DOE) that allows a specific quantity for irrigation needs. 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 from the river and how it is being used.
King County has developed the attached revised interlocal agreement with an offer to pay for
design and construction of an extension to the reclaimed water service from their sewage pump
station at Interurban Avenue South to the existing 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 the recycled water need to be carefully weighed against the cost to pump during seasonal
needs while not compromising use of the water right. In terms of up front capital costs, the City
will save at least $110,000 in construction costs, as shown on the attached page 81 of the 2008
CIP for the Interurban Water Reuse Proj ect.
RECOMMENDATION
Authorize the Mayor to sign the interlocal agreement with King County for the reclaimed water
line extension project.
Attachments: Interlocal Agreement with King County with Exhibits
Pg. 81 of2008 ClP
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AGREEMENT
BET\VEEN KING COUNTY AND CITY OF TUKWILA
REGARDING
THE FOSTER GOLF RECLAIl\tIED WATER LINE EXTENSION PROJECT
THIS AGREEMENT, made as of the day of ,2008, between the City of
Tukwila, a municipal corporation organized and existing under the laws of the State of
Washington, hereinafter referred to as "the City" by and through Tukwila Public Works
Department, and King County, a political subdivision of the State of Washington, hereinafter
referred to as "the County" through the King County Department of Natural Resources and
Parks ("KCDNRP") (collectively, the "Parties");
WHEREAS, the County operates a reclaimed water facility which produces Class A
reclaimed water at its South Plant in Renton, Washington;
WHEREAS, the County owns a conveyance pipe which conveys Class A reclaimed water
from its plant in Renton to a site adjacent to Foster Golf Links in Tukwila;
WHEREAS, the City currently exercises a water right to the Green River to irrigate Foster
Golf Links;
WHEREAS, the City and County have identified a mutual interest to preserve in-stream flow
in the Green River;
WHEREAS, the City is interested in using reclaimed water for irrigation at Foster Golf Links
and the County is interested in supplying reclaimed water to the City;
WHEREAS, the City and the County have developed plans to extend a reclaimed water line
from the County's existing conveyance pipe to Foster Golf Links (Reclaimed Water Line
Extension);
WHEREAS, the City and the County have signed an AGREEMENT FOR THE SALE AND
DISTRIBUTION OF RECLAIMED WATER BETWEEN THE KING COUNTY
DEPARTMENT OF NATURAL RESOURCES AND PARKS AND THE CITY OF
TUKWILA, addressing reclaimed water supply uses, obligations and rates;
WHEREAS, the Parties agree that construction ofthe Reclaimed Water Line Extension will
be performed by the City and that certain costs for such construction, as set forth herein, will
be reimbursed by the County;
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
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1.0 Construction of the Project
1.1 The City shall act as the lead agency for the construction of the Reclaimed Water
Line Extension ("the Project") and shall accomplish the Project as described in
Exhibit A. The City shall obtain all necessary permits and approvals for the
Project and shall comply with the State Environmental Policy Act (SEP A) prior to
construction of the Project. The City represents that the Project will be
constructed entirely on City property and/or public right-of way. If any part of the
Project is to be constructed on property other than City property or public right-of
way, then the City shall obtain all necessary temporary and/or permanent access
easements and/or other necessary property rights to construct the Project.
1.2 The City is preparing specifications and the County is preparing plans (drawings)
for construction of the Project. The final specifications shall be provided to the
County for review and approval. The City will publicly bid the Project in
accordance with the City's public contracting procedures. If the apparent low bid
is approved by both the City and the County, then the City will award a contract
to the low bidder for construction of the Project. Either the City or the County
may reject all bids in accordance with the City's public procurement
requirements.
1.3 Once a contract is awarded, the City will administer the Project contract,
including keeping the records and accounting for the Project and paying the
Project contractor (the "Contractor"). The City shall arrange a preconstruction
conference with the Contractor after awarding the contract and invite the County
to attend and participate. The parties agree that the Project shall be bid, contracted
for and constructed in accordance with State and local law applicable to the City's
public works projects. The City shall make this Agreement available to
prospective bidders for the construction of the Project. The City shall provide the
County with a copy ofthe bid documents from the successful bidder.
1.4 The City shall, at no cost to the County, provide construction engineering and
inspection of the Project based upon the plans and specifications and sound
engineering practice. The City will provide copies to the County of any
inspection reports for the Project.
1.5 The City shall initiate and coordinate final inspection of the Project and will
follow through with completion of items listed on either the City's and/or the
County's punch list.
1.6 The City shall at no additional cost provide the County with a set of "as-built"
drawings of the Project work for its permanent records, within six (6) months of
the final acceptance of the Project.
1.7 The City shall bill the County for the direct construction costs of the Reclaimed
Water Line Extension from the existing reclaimed water line to the golf course
pond, based upon the amount of the successful bid, with no mark up. The City
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will be responsible for the costs of inspection and construction management for
construction of the Reclaimed Water Line Extension from the existing reclaimed
water to the golf course pond.
1.8 Any obligations of the County beyond the current fiscal year are subject to local
legislative appropriation of funds for the specific purpose of funding this Project
in accordance with the County Charter and applicable law.
2.0 Post Construction Responsibilities
2.1 The City of Tukwila will own, operate, and maintain the 6-inch pipe from the
point of connection with the existing reclaimed water pipeline near Interurban
Avenue South.
2.2 As part of the consideration for this Agreement, once the Project is complete, the
City agrees to use reclaimed water through the Extended Reclaimed Water
Pipeline as a supplemental source of it's primary irrigation for the Foster Golf
Links. This agreement shall in no way compromise the City's water right nor its
abilities to use said 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 Changes in the Work
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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:
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 Operations Manager, shall notify
the County at least five (5) working days prior to commencing work
on the changed work.
4.1.2 Any change in the Project, which would cause the direct construction
costs to exceed the Preliminary Cost Estimate set forth in Exhibit B by
more than five (5) percent shall require a binding Letter of Agreement,
signed by the City of Tukwi1a's Public Works Director or hislher
designee and the County's Major Capital Improvements Section
Manager or his/her designee, describing the changed scope of work
and the estimated change in the direct construction cost.
4.2 In the event of a claim by the Contractor(s), each Party shall be responsible for its
proportionate share based on its proportionate responsibility for the claim
PROVIDED THAT nothing in this Agreement shall be construed to make the
County responsible for a Contractor(s) claim, to the extent that it is caused by the
actions, inactions or responsibilities of the City and/or its agents, employees or
consultants.
5.0 Indemnification
5.1 The County shall hold harmless, indemnify and defend the City, its officers,
appointed and elected officials, employees and agents, from and against any and
all claims, actions, suits, liability, loss, expenses, damages and judgments of any
nature whatsoever, including costs and attorney's fees in defense thereof, for
injury, sickness, disability or death to persons or damage to property or business,
to the extent caused by or arising out of the County's negligent or intentional acts,
errors or omissions in the performance of this Agreement and arising by reason of
the County's participation in the Project; PROVIDED, HOWEVER, that the
County's obligation hereunder shall not extend to injury, sickness, death or
damage caused by or arising out of the sole negligence of the City, its officers,
elected and appointed officials, employees or agents; PROVIDED FURTHER,
that in the event of the concurrent negligence of the parties to this Agreement, the
County's obligations hereunder shall apply only to the percentage of fault
attributable to the County, its officers, officials, employees or agents; The County
expressly and specifically agrees that its obligations under this paragraph extend
to any claim, action, suit, liability, loss, expense, damage and/or judgment
brought by or on behalf of any of its appointed or elected officials, employees or
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agents. For this purpose, the County hereby expressly and specifically waives,
with respect to the City only, any immunity that would otherwise be available
against such claims under the Industrial Insurance provisions of Title 51 RCW.
5.2 The City shall hold harmless, indemnify and defend the County, its officers,
appointed and elected officials, employees and agents, from and against any and
all claims, actions, suits, liability, loss, expenses, damages and judgments of any
nature whatsoever, including costs and attorney's fees in defense thereof, for
injury, sickness, disability or death to persons or damage to property or business,
to the extent caused by or arising out of the City's negligent or intentional acts,
errors or omissions in the performance of this Agreement and arising by reason of
the City's participation in this Project; PROVIDED, HOWEVER, that the City's
obligation hereunder shall not extend to injury, sickness, death or damage caused
by or arising out of the sole negligence of the County, its officers, elected and
appointed officials, employees or agents; PROVIDED FURTHER, that in the
event of the concurrent negligence of the parties to this Agreement, the City's
obligations hereunder shall apply only to the percentage of fault attributable to the
City, its_ officers, elected and appointed officials, employees or agents. The City
expressly and specifically agrees that its obligations under this paragraph extend
to any claim, action, suit, liability, loss, expense, damage and/or judgment
brought by or on behalf of any of its appointed or elected officials, employees or
agents. For this purpose, the City, hereby expressly and specifically waives, with
respect to the County only, any immunity that would otherwise be available
against such claims under the Industrial Insurance provisions of Title 51 RCW.
5.3 The City shall require the Project's construction contractor(s), subcontractors and
suppliers of any tier to defend, indemnify and hold harmless the County, its
officers, officials, and employees from any and all claims, injuries, damages,
losses or suits including attorney's fees and costs, arising out of or in connection
with the construction of the Project.
5.4 The parties hereby agree that, except as expressly set forth in this Agreement, the
performance of services pursuant to this Agreement shall not constitute an
assumption by the County of any of the City's obligations or responsibilities.
6.0 Insurance
6.1 Prior to commencement of construction of the Project, the City shall cause the
Contractor to maintain the following insurance coverages and provide the County
with evidence thereof:
6.1.1 General Liability. Coverage shall be at least as broad as Insurance
services Office form number CG 00 01 covering COMMERCIAL
GENERAL LIABILITY. $1,000,000 combined single limit per
occurrence and for those policies with aggregate limits, a $2,000,000
aggregate limit including Products and Completed Operations.
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ExcesslUmbrella Liability coverage may be provided to satisfy the
required limits.
6.1.2 Automobile Liability. Coverage shall be at least as broad as Insurance
Services Office form number CA 00 01 covering BUSINESS AUTO
COVERAGE, symbol 1 "any auto"; or the combination of symbols 2,
8, and 9. $1,000,000 combined single limit per accident.
ExcesslUmbrella Liability coverage may be provided to satisfy the
required limits.
6.1.3 Workers' Compensation. Statutory requirements of the State of
residency. Coverage shall be at least as broad as Workers'
Compensation coverage, as required by the Industrial Insurance Act of
the State of Washington, as well as any similar coverage required for
this work by applicable Federal or "other States" State Law.
6.1.4 Employer's Liability or "Stop Gap". Coverage shall be at least as
broad as the protection provided by the Workers Compensation policy
Part 2 (Employers Liability) or, in states with monopolistic state funds,
the protection provided by the "Stop Gap" endorsement to the general
liability policy. Limit: $ 1 ,000,000.
6.2 The City shall cause the insurance to be maintained until acceptance of the Project
or for such longer time as required by the City's contract with the Contractor.
6.3 The City shall cause the Contractor(s) to name the County as an additional
insured under Commercial General Liability and Business Automobile Liability
Insurance with respect to primary and non-contributory limits in accordance with
a standard separation of insureds clause, and the County shall be provided not less
than 45 days prior written notice of cancellation (10 days with respect to
cancellation for non-payment of premium) per RCW 48.18.290.
6.4 All insurers shall either be licensed to conduct business in the State of
Washington and rated A-:VII in the A.M. Best's Key Rating Guide or filed as a
surplus lines placement by an authorized Washington State Surplus Lines
Insurance Broker. Any form of self-insured retentions in excess of $25,000 shall
be disclosed and are subj ect 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 Relationship to the Contractor.
The City shall cause the contract between the City and the Contractor to state that for
purposes of the construction of the Reclaimed Water Line Extension, the County is a
third-party beneficiary of the contract including without limitation its indemnification
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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 City and the Contractor shall (i) state explicitly that, with respect to the
Project, the County is a third party beneficiary of such contract and (ii) require the
insurance described in Section 6 herein. The City will give a copy of this Agreement to
the Contractor.
8.0 Termination
8.1 Either the City or the County shall have the right to terminate this Agreement by
providing written notice to the other Party prior to the award of a construction
contract for the Project.
8.2 This Agreement shall remain in effect until terminated by the mutual, written
consent of the Parties.
9.0 Project Records
For a period not less than six (6) years from the final payment to the City, the City shall
keep all records and accounting pertaining to the Project available for inspection and
audit by the County and/or the State and copies of all records, accounts, documents or
other data pertaining to the Project shall be furnished upon request. If any litigation,
claim, or audit is commenced, the records and accounts along with supporting
documentation shall be retained by the City until all litigation, claim or audit finding
has been resolved even though such litigation, claim, or audit may continue past the
six-year retention period.
10.0 Property
Any real or personal property acquired or used by any Party in connection with this
Agreement will be acquired, held, and disposed of by that Party in its discretion, and
other Parties will have no joint or other interest therein. Upon termination of this
Agreement, real and personal property acquired through this Agreement shall be
retained or disposed of in the manner provided by law.
11.0 Dispute Resolution
11.1 If a dispute arises between the County and the City the Parties agree that they will
attempt to resolve the issue through mutual negotiation. In the event that the
Parties are not able to reach an agreement through such negotiation, the parties
agree to engage in mediation in order to resolve the dispute. Mediation may be
requested by either Party, and shall be attempted prior to the institution of any
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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 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 Tukwi1a:
Pat Brodin, P.E., Operations Manager
Minkler Shops
600 Minkler Blvd.
Tukwi1a, WA 98188
(206)433-1861
King County:
Attn: Kristina Westbrook
Wastewater Treatment Division
KSC-NR-0512
201 S. Jackson Street
Seattle, W A 98104-3855
Notices mailed by either Party shall be deemed effective on the date mailed.
Either Party may change its address for receipt of reports, notices, or payments by
giving the other written notice of not less than five (5) days prior to the effective
date.
12.2 For accounting purposes, the respective Federal Tax Identification Numbers are:
City of Tukwi1a: 91-6001519
King County: 91-6001327
13.0 Modification of Agreement
This Agreement may be modified only by an amendment in writing signed by each
party.
14.0 Other Agreements Between the Parties Remain Unchanged
14.1 The Agreement for Sewage Disposal between the City and County will remain
unchanged by this agreement for the Foster Golf Links reclaimed water line
extension.
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14.2 The Parties shall comply with the terms set forth in the Agreement for the Sale
and Distribution of Reclaimed vVater dated in June 2008.
15.0 Authority of Parties
The signatories below certify that they have the authority to execute this Agreement
and bind their respective governments.
Exhibit A Description of Project
Exhibit B Preliminary Cost Summary
IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth
below.
KING COUNTY
CITY OF TUKWILA
By:
Mayor
City of Tukwila
By:
Theresa Jennings, Director
King County Dept of Natural Resources & Parks
Dated:
Dated:
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Exhibit A
Description of Project
The general scope of the project is to extend a reclaimed water pipeline (approximately
500 lineal feet of 4-inch and 6-inch diameter C900 PVC with bell and spigot joints) and
electrical wire/conduit (approximately 250 lineal feet). The reclaimed water pipeline
extension will start in the vicinity of the Interurban Pump Station and end at the Foster
Golf Links irrigation pond. The electrical wire/conduit will extend between the
pumphouse and the irrigation pond level controls. The project will also include, but shall
not be limited to:
. Water meter
. Backflow preventer assembly
. Manual Isolation valves
. Control valve
. 2-inch quick connect
. Low point pipeline bleed-offs
. All associated pipe reducers, tees, and blind flanges
. Stilling well, pond level sensor and electrical panel
. Landscaping and asphalt restoration to original condition.
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Exhibit 8
Preliminary Cost Summary
Reclaimed Water Line Extension Project
I Cost
Description
Material and Labor Subtotal
Contingency
General Contractor Overhead
General Contractor Profit
General Contractor Mark-up on Subcontractors
Bond and Insurance
B&O Tax
Permit
General Conditions Allowance
GRAl'l"D TOTAL
P:\PROJECTS\A- WT Projects\92WT06 Foster Golf Reclaimed Water\lntenocal- Exhibit B.doc
$ 91,447.00
9,148.00
7,898.00
5,528.00
875.00
3,448.00
545.00
2,378.00
8,491.00
$ 129,758.00
28
PROJECT:
DESCRIPTION:
JUSTIFICATION:
STATUS:
MAINT. IMPACT:
COMMENT:
FINANCIAL
(in $000's)
EXPENSES
Design
Land (RAN)
Const. Mgmt.
Construction
TOTAL EXPENSES
FUND SOURCES
Awarded Grant
Proposed Grant
Mitigation Actual
Mitigation Expected
Utility Revenue
TOTAL SOURCES
Interurban Water Reuse
LINE ITEM: 401.02.594.34. .21 PROJECT NO. 92 -WTO6
Develop water reuse along the Interurban corridor with Class A treated wastewater from the Eastside
Reclamation Facility for irrigation, sewer flushing, sweeping, dust control, and other non potable uses.
Using reclaimed water is an element of the City's Water Conservation Plan as well as the Cascade Water
Transmission and Supply Plan.
King County Department of Natural Resources (KCDNR) and the City are currently completing the
assessment of crossing the river through an old 6" line in order to serve Baker Commodities.
Future maintenance and operation of the new meters, tracking and preventing cross connections.
KC Dept of Natural Resources maintains and operates a distribution pipe from the Eastside (Renton)
Reclamation Facility to the golf course.
Through Estimated
2006 2007 2008 2009 2010 2011 2012 2013 BEYOND TOTAL
15 5
17
13 110
13 15 132
0
0
0
0
13 15 132 0 0 0 0 0 0 160
13 15 132 0 0 0 0 0 0 160
Project Location
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2008 to 2013
20
0
17
123
0 0 0 0 0 0 160
81
29