HomeMy WebLinkAboutContractDocuSign Envelope ID: 103D655E-0082-4E2E-8F64-DF9492868177
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF RENTON AND KING COUNTY
FOR THE
STUDY OF RECLAIMED WATER DISTRIBUTION FACILITIES
IN THE CITY OF RENTON
THIS AGREEMENT is made and entered into this �day of July 2024 between King County by
and through its Department of Natural Resources and Parks, Wastewater Treatment Division
(hereinafter "County") and the City of Renton (hereinafter "City"). The County and City may also
be collectively referred to as the "Parties."
Recitals:
1.
2.
The County is the regional wastewater services provider for a large portion of King County
and portions of Snohomish and Pierce Counties.
The City 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 and supply water;
The County owns and operates South Treatment Plant ("South Plant"), which is located in
the City and is part of the County's regional wastewater treatment system.
South Plant produces Class A reclaimed water. Reclaimed water is wastewater that is
treated to such a high level it can be used safely for a variety of purposes that do not
require drinking water quality, such as irrigation of recreational fields, parks, golf courses,
and food crops, industrial process and cooling water. Class A reclaimed water is a water
resource that meets the treatment requirements of Chapter 173-219 WAC, including, at a
minimum, oxidation, coagulation, filtration, and disinfection.
The County and the City have determined that it is in their respective interest to enter into
an agreement to analyze the potential use of reclaimed water within the City, with the
assumption that for purposes of the Feasibility Study only the County is identified as the
wholesaler of the reclaimed water and the City is identified as the retailer.
Now therefore, the County and the City intend to follow the approach described in this
Memorandum of Agreement (hereinafter "Agreement").
Purpose of the Agreement
The purpose of this Agreement is to identify the activities each party will undertake for the
analysis of a reclaimed water distribution system that can serve customers in the City.
Term Of Agreement
This Agreement shall become effective immediately upon execution by the Parties and
shall remain in effect until the work described herein is complete, unless terminated
sooner, as provided herein. The Parties anticipate that the work described in this
CAG-24-189
DocuSign Envelope ID: 103D655E-0082-4E2E-8F64-DF9492868177
3.
City of Renton MOA
Agreement will be completed by March 31, 2026, and may be extended by mutual written
agreement of both parties.
Responsibilities of Each Agency
The County is the regional wastewater services provider in the County including areas
within the City via long-term contracts. As part of these contracts, the County must
provide adequate facilities to intercept, transport, treat and discharge wastewater in a
manner prescribed by local, state, and federal regulations. A component of the County's
wastewater mission is to reclaim and beneficially reuse wastewater products such as
reclaimed water and biosolids.
The City supplies drinking water within its designated service area. This water is supplied
to users via City owned wells and contracts with other water purveyors. There may be
opportunities in the City to use Class A reclaimed water from the County's facilities for
irrigation, commercial and industrial purposes, and other allowed uses to augment their
existing water supply.
4.Work Elements
Attached hereto as Exhibit 1 and incorporated herein by this reference is a scope of work,
study area, and schedule for the Reclaimed Water Feasibility Study (sometimes referred to
herein as the "Feasibility Study" or the "Study") which, as described in Exhibit 1, will
identify potential reclaimed water users and estimated quantities, develop reclaimed water
distribution alternatives and costs, conduct a benefit and cost analysis, evaluate funding
options and prepare a financial analysis, identify next steps, and prepare a written report.
5.Conflict Resolution
In the event that a dispute arises under this Agreement, the Renton Public Works
Administrator and County Wastewater Treatment Division Director shall meet and confer
in an effort to resolve the dispute. If the Renton Public Works Administrator and the
County Wastewater Treatment Division Director are unable to resolve the dispute to the
satisfaction of both parties, then either party may take whatever steps it deems appropriate,
including but not limited to, terminating the agreement for convenience or for cause, if
applicable. Nothing in this section shall be construed to prohibit either party from
exercising its right to terminate this Agreement for any reason, for no reason, or for lack of
appropriation of funding.
6.Public Involvement and Communications
The City and the County will conduct potential customer and stakeholder involvement and
communications that are appropriate for the Feasibility Study.
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7.
8.
City of Renton MOA
Financial Obligations
The City and County have agreed to retain an independent consultant to prepare the
Feasibility Study and have set as the maximum consultant cost for the Feasibility Study
$200,000, including all direct and indirect costs. King County will reimburse the City for
50% of the actual consultant cost for the Feasibility Study, not to exceed a total of
$100,000.
In addition, the City and County will perform work, provide respective staff time, and
respective City and County resources to complete this Agreement, with each Party bearing
their own costs for such work, staff time and resources. The Parties agree and acknowledge
that each Party is receiving from the other Party an equivalent and equal value of in-kind
and/or other products and services ("Mutual Products and Services") such that each Party
is receiving from the other Party the true and full value of the products and/or services that
each Party is providing to the other. The Parties agree and acknowledge that the
requirements ofRCW 43.09.210 are met herein and that no Party is receiving a benefit
from the other Party for which they have not been fully compensated through in-kind
and/or other products and services described herein. Therefore, the Parties agree and
acknowledge that no further compensation or consideration is required for the exchange of
Mutual Products and Services described herein.
Billing Procedure
Subject to the cap set forth in Section 7 above, the City shall submit invoices for the Study
to the contract manager identified in Section 12 of this contract. Reimbursement to the City
for approved and completed work will be made within thirty (30) days of receipt of the
invoice. Each invoice shall include a detailed summary of the work accomplished and
billing rates. Upon expiration of the agreement, any claim for payment not already made
shall be submitted within sixty ( 60) days after the expiration date or the end of the fiscal
year, whichever is earlier.
Both parties shall maintain books, records, documents, and other evidence which
sufficiently and properly reflect all direct and indirect costs expended by it in the
performance of this Agreement for a period of six ( 6) years. These records shall be subject
to inspection, review, or audit by personnel of the City and the County, other personnel
duly authorized by the City and the County, the Office of the State Auditor, and federal
officials to the extent authorized by law.
9.Indemnification
The City and the County agree, to the extent permitted by law, to defend, protect, save, and
hold harmless the other party, its officers, agents, and employees from any and all claims,
costs, damages, and expenses suffered due to each party's own actions or those of its
officers, officials, employees an/or agents in the performance of this Agreement. The
obligations under this paragraph shall extend to any claim, demand and/or cause of action
brought by or on behalf of any officer, official, employee or agent. The foregoing duty is
specifically and expressly intended to constitute a waiver of each party's immunity under
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DocuSign Envelope ID: 103D655E-0082-4E2E-8F64-DF9492868177
City of Renton MOA
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 and defense of claims, demands, causes of action, costs, damages and expenses,
(included above), that are made by the indemnifier's employees, agents, officials, officers
and subcontractors. The parties acknowledge that these provisions were mutually
negotiated and agreed upon by them.
10.Termination
11.
Either party may terminate this Agreement without being subject to the provisions of
Section 5, Conflict Resolution, herein, upon 30 days prior written notification to the other
party. If this Agreement is so terminated, the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this Agreement prior to the
effective date of termination, except as described in Section 10.
Any obligations of the County beyond the current fiscal year are subject to and contingent
upon the appropriation of funds by the King County Council for the specific purpose of
funding the work in accordance with the County Charter and applicable law. Should such
an appropriation not be approved, then this Agreement shall terminate at the close of the
then-current appropriation year. The County's appropriation year ends on December 31 of
each year.
Contract Management
The contract manager for each of the parties shall be responsible for and shall be the
contact person for all communications and billings regarding the performance of this
agreement.
The Contract Manager for the City is: Jonathan Chavez,
Civil Engineer III
Utility System Division, 5th flr
Renton City Hall
1055 S. Grady Way
Renton, WA 98057
(425)430-7208
jchavez@rentonwa.gov
The Contract Manager for the County is: Kristina Westbrook,
Recycled Water Program Lead
King County Wastewater Treatment Division
201 South Jackson Street
MS: KSC-NR-0512
Seattle, WA 98104
(206)477-5522
kristina. westbrook@kingcounty.gov
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12.
13.
14.
City of Renton MOA
No Partnership
This Agreement shall not be interpreted or construed to create an association, joint venture,
or partnership between the Parties or to impose any partnership obligation or liability upon
either Party. Further, neither Party shall have any undertaking for or on behalf of, or to act
as or be an agent or representative of, or to otherwise bind the other Party.
No Third Party Beneficiary
Nothing in this Agreement shall be construed to create any rights in or duties to any third
party, nor any liability to or standard of care with reference to any third party. This
Agreement shall not confer any right or remedy upon any person other than the Parties
hereto. This Agreement shall not release or discharge any obligation or liability of any
third party to either Party herein.
Governing Law; Venue
This Agreement shall be governed by, construed, and enforced in accordance with
Washington law; and the Parties agree that for any legal action or proceeding, venue shall
be in King County Superior Court, in Seattle Washington.
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DocuSign Envelope ID: 103D655E-0082-4E2E-8F64-DF9492868177
City of Renton MOA
15.Entire Agreement
This Agreement constitutes the entire agreement and supersedes any and all prior
agreements of the Parties, with respect to the limited subject matter hereof.
IN WITNESS WHEREOF, the parties have executed this agreement.
The City of Renton
By: _________ _ Armondo Pavone
Mayor
Date
Attest
Jason A. Seth
City Clerk
Date
Approved as to Legal Form
By: ___________ _ Shane Maloney City Attorney
Date
King County
Department of Natural Resources and Parks
f-DocuSigned by:
By :�1osss1021 Kamuron Gurol
Wastewater Treatment Division Director
6/20/2024
Date
Approved as to Legal Form
GDocuSigned by:
By: Y.�F9���� Verna Bromley Senior Deputy Pros Attorney
6/20/2024
Date
Exhibit 1: Scope of Work, Anticipated Schedule, and Study Area
City of Renton Reclaimed Water Feasibility Study
Page 6 of 12
7/10/2024
7/10/2024
Approved by Cheryl Beyer via email
5/30/2024
DocuSign Envelope ID: 103D655E-0082-4E2E-8F64-DF9492868177
City of Renton MOA
EXHIBIT 1
Scope of Work, Anticipated Schedule, Study Area
City of Renton Reclaimed Water Feasibility Study
BACKGROUND
The City of Renton (City) owns and operates a multi-source municipal water system that currently
serves 18,553 retail customers (service connections). Between 2008 and 2017, the City's average
day demand (ADD) was approximately 7 million gallons per day (MGD), with historical
maximum day demands (MDD) of approximately 13 MGD. Based on the 2021 City of Renton
Water System Plan Update, the City's ADD is projected to increase from 7.7MGD in 2019 to 9.8
MGD in 2039. By 2039, the MDD is projected to increase to 17.7 MGD. Although the City has
enough supply to meet system wide ADD through 2039, the City would need to augment their
supply with Seattle Public Utilities (SPU) supplied water to meet the 2039 MDD. Additionally,
House Bills (HB) 1110 & 1337 were signed in May and will go into effect on July 23, 2023. These
measures will result in higher density and an increase in water consumption. In a proactive and
environmentally conscious effort to prepare for future demands, climate change, increase
sustainability and protect the City's aquifer supply, the City and King County (County) is seeking
professional services for a reclaimed water feasibility study to determine the viability of reclaimed
water as an alternate water supply, for non-potable uses.
STUDY GOALS
This study shall focus on the planning and implementation of a City reclaimed water distribution
system in the Renton Green River Valley area (see attached map). The consultant shall use
existing City customer data, future demands of consumptive/non-consumptive water use,
current/future construction costs, existing water quality data, published reports/studies, and
applicable knowledge/expertise to inform the City on reclaimed water viability.
SCOPE OF WORK
The Consultant shall provide a Reclaimed Water Feasibility Study that builds upon the City's
1993 Conceptual Reuse Plan. The study shall include an implementation plan that outlines
necessary components needed to establish a City Reclaimed Water Program. The following tasks
shall be included and expanded upon as part of this project:
Task 1 -Project Management
•Prepare project schedule.
•Provide progress report with monthly invoicing.
•Provide "Project Manager to Project Manager" biweekly check-ins, as needed.
•Provide Quality Control and Review of all deliverables.
Deliverables: Progress reports and invoices.
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City of Renton MOA
•Identify new private development opportunities that could incorporate the use of reclaimed
water for toilets/urinals, cooling towers and irrigation. Coordinate with the City's
Community Economic Development Division for proposed private development projects.
•Identify existing customers with chillers/cooling towers using techniques such as aerial
photography and industry type (i.e. data centers, power plants, large industrial buildings)
•Based on the City's meter data, building size, industry standards, and expected use type,
estimate potential RW average and peak usage for each potential customer.
Deliverables: A draft summary of uses and maps for review and discussion by the City and
County.
Subtask 3.4-Potential Customer Outreach
This subtask the Consultant will conduct on-site potential customer meeting to discuss reclaimed
water use information, customer questions and concerns, and interesting in using reclaimed water. •
•
• • •
From Subtask 3 .3: identify what customers conduct on-site interviews. The City will
identify potential customer contact information.
The City, KC, and Consultant will collectively develop a questionnaire to support
discussions during on-site potential customer interviews. Potential questions may include:
willingness to pay, seasonality of uses, preferred incentives, treatment needs for use
specific uses, pressure needs, verification of water usage type/volume.
Develop any marketing material needed for the customer interviews (brochures, etc.)
Conduct potential customer interviews .
Identify any changes to potential customer estimates after interviews .
Deliverables:
•Customer questionnaire.
•Any marketing material needed for customer interviews.
•A summary report of potential customer interviews
Task 4-Development of Reclaimed Water Alternatives (Reclaimed Water Infrastructure, Design
Standards, Roles, and Responsibilities
Subtask 4.1-Reclaimed Water Distribution System Alternatives
This task will develop alternative reclaimed water distribution and conveyance configurations to
serve potential uses identified in Task 3. The systems would include all key components of a
reclaimed water distribution system and develop alternative configurations to convey water from
delivery points on the South Plant system to end use locations. It will include the engineering
elements required to connect to the South Plant system. Conceptual level sizing and routing of
the pipe distribution network will be developed for use in later tasks for cost estimating. The
alternatives will consider but not be limited to:
•Phasing and future Interties
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DocuSign Envelope ID: 103D655E-0082-4E2E-8F64-DF9492868177
City of Renton MOA
•Identifying potential pump station, pressure regulating stations, and chlorine residual
disinfection.
•Identification at what point reclaimed water reservoirs or storage may be needed.
•Identify if treatment capacity expansion will be needed based on customer demands.
•Identify permits and regulatory requirements for each configuration.
Subtask 4.2 -Reclaimed Water Program Considerations and Roles and Responsibilities
•Identify regulatory requirements for system design and customer connections (i.e. purple
pipe, signage/tagging, horizontal/vertical separation, backflow protection, etc.)
•Identification reclaimed water program work that will be required if a program is
implemented (i.e. Reclaimed Water use training, user contracts, cross-connection control
testing, etc.)
•Identification of division ofresponsibilities between the City and the County. Items to
consider but not limited to are:
■Reclaimed water production■Distribution system operation and maintenance.
■Cross-connection control management■RW User agreements
■RW User training■Customer connection design review
■Meter reading
Deliverables: Included in feasibility report (final task below)
Task 5 -Costs, Potential Funding Sources, and Feasibility
Subtask 5 .1 -Potential Funding Sources
•Estimate potential reclaimed water revenues.
•Estimate potable water savings relative to potable water.
•Identify any federal, state, or local grants/loans/bonds.
•Identify other funding mechanisms such as, but not limited to:
o Local Improvement District
o Latecomers and Special Assessment District to fund reclaimed water distribution
system construction
o Potential voter approved taxes
o Rates
o Developer Contributions/extensions
Subtask 5.2-Estimated Costs
•Estimate customer connection costs.
•Estimate potential customer payback period at discounted reclaimed water rate versus
potable rate.
•Estimated capital costs for each reclaimed water alternative for engineering design,
permitting and construction.
•Estimate reclaimed water system operations and maintenance costs.
•Estimate lifecycle costs for each alternative incorporating quantified benefits.
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City of Renton MOA
Subtask 5.3 -Financial and Rate Analysis
This task will conduct a financial and rate analysis for the reclaimed water system. This analysis
may
include scenarios with different wholesale and retail reclaimed water rates, funding sources, and
evaluate cost recovery. This task will include with key City and County staff to explore options
and analysis methods.
Deliverables: Included in feasibility report (final task below)
Task 6-Final Feasibility Report
This task will include preparation of a draft and final report of study findings that will include the
work of all the above tasks, conclusions, and recommendations, and proposed next steps. This task
may include several meetings with key staff to discuss findings and gather input for the final
document.
Deliverable: Draft and final feasibility report
ANTICIPATED SCHEDULE
Renton Staff Review of Agreement and Parties Finalize Language:
Present Agreement for Review and Approval to Renton City Council:
Consultant Selection Complete
Council Approval of Consultant Contract
Feasibility Study Report Complete
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March-May,2024
June-July 2024
August-September 2024
October 2024
November 2025