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HomeMy WebLinkAboutContract CAG-11-093 �.r `'M CITY OF SEATTLE PARTIAL REQUIREMENTS CONTRACT FOR THE SUPPLY OF WATER TO CITY OF RENTON TABLE OF CONTENTS Pa e s SECTION I. DEFINITIONS................................................................................................................................2 SECTION II. TERM OF CONTRACT AND GUARANTEES..........................................................................5 II.A. TERM OF CONTRACT...................................................................................................................................5 II.B. AGREEMENT TO SUPPLY AND PURCHASE WATER.......................................................................................7 II.C. CONTINUITY OF SERVICE WITHIN THE TERM OF THE CONTRACT...............................................................10 II.D. WATER QUALITY......................................................................................................................................11 II.E. CONSERVATION.........................................................................................................................................14 SECTIONIII. CONDITIONS OF SERVICE.................................................................................................16 III.A. MINIMUM HYDRAULIC GRADIENT............................................................................................................16 III.B. RESALE TO OTHER PARTIES......................................................................................................................17 III.C. INTERCONNECTION WITH OTHER SYSTEMS..............................................................................................18 IILD. DEVELOPMENT OF REGIONAL SUPPLY AND TRANSMISSION INFRASTRUCTURE.........................................19 III.E. METERING EQUIPMENT.............................................................................................................................20 SECTION IV. COST OF WATER SUPPLY&TRANSMISSION..............................................................20 IV.A. RATE-MAKING AND COST-ALLOCATION PRINCIPLES.................................................................................20 IV.B. RATEMAKING FRAMEWORK......................................................................................................................22 IV.C. WATER SUPPLY PRICING-BASIC SERVICES.............................................................................................24 IV.D. TRANSMISSION PRICING-BASIC SERVICES...............................................................................................26 IV.E. ALLOCATION OF COSTS AND REVENUES INTO COST POOLS......................................................................29 IV.F. ELECTIVE SERVICES..................................................................................................................................43 IV.G. RATE ADJUSTMENT...................................................................................................................................43 IV.H. RETAIL RATE-SETTING.............................................................................................................................44 IV.I. TRUING ACTUAL COSTS AND ACTUAL REVENUES....................................................................................44 SECTIONV. OPERATING BOARD.................................................................................................................46 SECTIONVI. PLANNING..............................................................................................................................47 VI.A. REPORTING OF PLANNING DATA...............................................................................................................47 VI.B. SUBMITTAL OF WATER UTILITY WATER SYSTEM PLANS..........................................................................47 VI.C. SEATTLE AS WATER PLANNING AGENCY..................................................................................................47 VI.D. COMPREHENSIVE CAPITAL FACILITIES PLAN............................................................................................48 VI.E. EMERGENCY PLANNING............................................................................................................................49 SECTIONVII. PAYMENT................................................................................................................................49 VII.A. COLLECTION OF MONEY DUE CITY......................................................................................................49 VII.B. PENALTIES FOR LATE PAYMENT...........................................................................................................49 VII.C. BILLING DISPUTES................................................................................................................................49 SECTION VIII. CONTRACT AMENDMENTS...............................................................................................50 SECTIONIX. DISPUTE RESOLUTION.......................................................................................................50 IX.A. OPERATING BOARD REVIEW.....................................................................................................................50 IX.B. SEATTLE CITY COUNCIL REVIEW..............................................................................................................51 IX.C. NONBINDING MEDIATION........................................................................................................................51 1 IX.D. RESORT TO LITIGATION.............................................................................................................................51 IX.E. EFFICIENCY OF REVIEW.....................................................................................................................52 SECTIONX. MISCELLANEOUS......................................................................................................................52 X.A. NOTIFICATION...........................................................................................................................................52 X.B. SEVERABILITY...........................................................................................................................................53 X.C. CONSENT...................................................................................................................................................53 X.D. EMERGENCY SITUATIONS..........................................................................................................................54 X.E. NO JOINT VENTURE- INDIVIDUAL LIABILITY...........................................................................................54 X.F. COMPLETE AGREEMENT............................................................................................................................54 X.G. RELINQUISHMENT OF PRIOR CONTRACT...................................................................................................54 X.H. VENUE,JURISDICTION AND SPECIFIC PERFORMANCE................................................................................54 X.I. DEFAULT...................................................................................................................................................55 X.J. FORCE MAJEUR.........................................................................................................................................55 X.K. SUCCESSORS..............................................................................................................................................55 X.L. EXHIBITS...................................................................................................................................................55 11 4 t, PARTIAL REQUIREMENTS CONTRACT BETWEEN THE CITY OF SEATTLE AND CITY OF RENTON FOR THE SUPPLY OF WATER THIS CONTRACT is entered into between the CITY OF SEATTLE ("Seattle"), a municipal corporation of the State of Washington, and the CITY OF RENTON ("Water Utility"), a municipal corporation of the State of Washington. RECITALS 1. Seattle owns and operates a system for the supply, transmission, and distribution of potable water and is authorized to sell and distribute water to its residents and to other persons and customers located outside the corporate limits of Seattle. 2. Seattle's water system is integral to the health and welfare of the residents located within the water service area shown in Seattle's Water System Plan. Seattle intends to provide water from the system to meet the current and future needs of the residents of such water service area when such service is requested from Seattle. 3. In meeting this service commitment, Seattle must ensure that this role does not place financial burdens on its retail customers for which they do not receive a corresponding benefit. 4. This contract and contracts of a similar nature with other wholesale customers of Seattle located within Seattle's service area are intended to provide those customers with the security of a long term service commitment and to describe the terms and conditions associated with that commitment. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 1 5. Under this contract, Seattle intends to provide wholesale water to Water Utility at an equivalent Wholesale Level of Service with the same pricing and operational principles as it provides itself. 6. Given the extensive growth of Seattle and the surrounding areas and the impacts upon infrastructure and costs, this contract is intended to provide sufficient water for growth. As a general philosophy for cost sharing purposes, the parties desire to adopt the principle that"growth should pay for growth." 7. Seattle and Water Utility, together with other Wholesale Customers of Seattle, have agreed to establish an Operating Board comprised of representatives pledged to represent the best interests of the region in order to provide overall direction to the Administrator of the Seattle Regional Water Supply System. NOW, THEREFORE, in consideration of mutual covenants herein, it is agreed as follows: SECTION I. DEFINITIONS For the purposes of this contract,the following terms have been defined as: "Administrator" - The Director of Seattle Public Utilities or any other title given to that person who maintains the authority to operate and manage the Seattle Regional Water Supply System. "Block Purchase Contract" — A contract in which Seattle sells a fixed quantity of water to a wholesale customer on a take or pay basis. "Existing Supply Resources" - Current components of the Seattle Regional Water Supply System which consist of the Cedar River storage, treatment and diversion facilities, the Tolt River storage, treatment and diversion facilities, and the Seattle Well Fields as set forth in Exhibit VII. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 2 t, *✓ %we "Full Requirements Contract"—A contract in which Seattle supplies a Wholesale Customer with its Full Water Requirements. "Full Water Requirements" - All of the water needed by Water Utility to meet the needs of its present and future water customers within its service area as shown in Water Utility's water system plan, and as shown on Exhibit X. "Operating Board" —A board of representatives established by Section V hereof and having the powers and duties set forth in Sections II, I1I, and IV hereof. "Partial Requirements Contract" - A contract in which Seattle supplies a Wholesale Customer with that portion of its Full Water Requirements above that provided by the Wholesale Customer's own supply. "Partial Water Requirements" — The amount of water over and above Water Utility's own sources of supply as identified in Exhibits I and XIII and in accordance with this contract needed to meet the needs of its present and future water customers within its service area as shown in Water Utility's water system plan and as shown on Exhibit X. "Rate of Return on Investment" - Seattle's Average Cost of Debt,plus 1.5 percent. "Regional Water Conservation Program" -A program which addresses water conservation goals for the Seattle Regional Water Supply System for Seattle, Wholesale Customers, and other customers who enter into a water supply contract with Seattle that includes participation in the Program. "Seattle's Average Cost of Debt" - The weighted average interest rate on Seattle's water system debt outstanding over the course of a calendar year calculated at the end of each calendar year during the term of this contract. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 3 � J "Seattle Retail Distribution System" — Seattle's retail water distribution system consisting of its retail customers within the Seattle retail service area as defined in its Water System Plan, and including storage facilities, distribution mains, pumps, disinfection facilities, service connections, and all other facilities not included in the Seattle Regional Water Supply System. "Seattle Regional Water Supply System" - Seattle's water supply system consisting of dams, impounded water, supply and transmission mains, pumps, treatment facilities, and all other facilities utilized in conveying water to the Seattle Retail Distribution System, Water Utility, and other wholesale customers. This definition does not include the Seattle Retail Distribution System. "Seattle Transmission Facilities" —Those facilities serving the transmission needs of the Seattle Regional Water Supply System as set forth in Exhibit VIII. "Seattle Water System Plan" - Seattle's Water System Plan dated April, 2007, and amendments thereto, prepared by Seattle to comply with the requirements of WAC 246-290-100, and successor regulations. "Service Connection" - The water meter and associated appurtenances, including everything from the outlet from the supply pipeline to the end of the Seattle Public Utilities vault, through which water is delivered from the Seattle Regional Water Supply System to a Wholesale Customer's water system, except that for the two (2) Service Connections located in Logan Avenue South in Water Utility's retail service area, the water meter and associated appurtenances will include everything from the south wall of the SPU meter vault to the flanges before the 900 bends north and outside of the vault. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 4 t M1 *tow 14"14 "Stranded Costs"—Those water supply and related costs that Seattle and others have invested for the region which may not be recovered as a result of lost revenues. "Wholesale Customer" — Those customers who purchase water from Seattle under a Full or Partial Requirements Contract for the purposes of reselling to others. "Wholesale Level of Service" — Water delivered by Seattle in accordance with this contract to the Service Connection intended for Wholesale Customers' distribution to their retail customers. Seattle is not responsible for compliance with Department of Health ("DOH") standards, including fire flow, emergency back-up and water quality within Water Utility's retail service area. SECTION II. TERM OF CONTRACT AND GUARANTEES II.A. Term of Contract I. Term. This contract shall be in effect beginning at 12:01 AM on the Effective Date of this contract and shall remain in effect until 12:00 AM on January 1, 2062. 2. Effective Date. This contract shall be effective upon the date that both parties have signed the contract after approval by their respective legislative bodies ("Effective Date"). 3. Subsequent Right of First Refusal. At the end of the term of this contract, Water Utility shall have a right of first refusal to continue to purchase the amount of water then purchased from Seattle at the time of contract expiration. 4. Periodic Review and Right to Change Certain Terms and Conditions. The parties may review and change certain terms and conditions governing the sale of water hereunder by January 1, 2022 and January 1, 2042, or as soon as practicable thereafter, as follows. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 5 t r a. Consensual Process. On or before January 1, 2021, and then again on or before January 1, 2041, either party may provide the other with a written proposal to amend the contract terms. The parties shall then meet and consider the proposal. If the parties agree to the proposal prior to January 1, 2022 and January 1, 2042, respectively, a written amendment to this contract shall be approved and executed by both parties and this contract shall be amended accordingly. b. Seattle' s Right to Amend. If the parties are unable to agree on a proposal by Seattle pursuant to subsection a above within the respective one-year periods, Seattle may propose in writing its desired amendment to the Operating Board. Seattle and the Operating Board shall meet and consider the proposed amendment and use reasonable efforts to resolve any differences in the proposal. After 90 days from Seattle's written proposal to the Board, Seattle may propose its desired amendment to the Seattle City Council. If the Operating Board does not agree with such proposal, it may submit a revised proposal to the Seattle City Council within 90 days of Seattle's submission of its proposal to the Seattle City Council. After receiving the Operating Board's alternate proposal, or after the lapse of the 90 day period for the Operating Board to make an alternate proposal, the Seattle City Council may then deny both proposals or approve one of them and issue an amendment to this contract which shall be in effect for the remaining term of the contract from the date of issuance, unless later amended pursuant to subsection a above, or by mutual agreement. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 6 C. Limitation on Seattle's Right to Amend. Notwithstanding subsection b above, Seattle shall not have the right to: (i) reduce its obligation to provide the Full or Partial Water Requirements of Water Utility, as appropriate; (ii) cease to provide wholesale water to Water Utility at an equivalent Wholesale Level of Service as it provides to itself, (iii) charge a higher wholesale rate for water supply and transmission to Water Utility than that charged to the Seattle Retail Distribution System; (iv) reduce its water quality obligations hereunder; (v) change the methodology for calculating Rate of Return on Investment; (vi) restrict Water Utility's right to terminate the contract or reduce its purchase commitment; (vii) disband or significantly reduce the powers of the Operating Board; or (viii) amend any contract provision that will apply only to Water Utility. H.B. Agreement to Supply and Purchase Water 1. Partial Requirements Commitment. Seattle shall supply the Partial Water Requirements of Water Utility for the term of this contract. Except as set forth in Exhibits I and XIII and Section II.B.5 below, Water Utility shall purchase its Partial Water Requirements from Seattle. 2. Adjustments in Water Utility's Service Area. In the event Water Utility acquires additional service area that is: 1) located outside of the service area identified in Exhibit X and 2) which is not already served with water from the Seattle Regional Water Supply System, then Seattle shall supply the Full or Partial Water Requirements, as appropriate, of the additional service area subject to a)the availability of water in the Seattle Regional Water Supply System determined on the same basis as would be applied to determine the availability of water for new or expanded wholesale service customers of Seattle; b) the PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 7 '' . limitation of geographical boundaries in Seattle's water rights claims or permits; and c) an update to Water Utility's percentage share of the costs of the Renton New Supply Cost Pool as of January 1 of the year following the acquisition of the additional service area in accordance with section IV.E.7.e.iii. 3. Assumption or Transfer of Responsibilities. In the event Water Utility's entire service area and service responsibilities are assumed by or are transferred to another utility or utilities, then this contract shall become null and void at the time the assumption or transfer becomes effective; provided, however, if the transferee of the service area is a Wholesale Customer, Seattle shall provide water to the transferee according to the terms of the transferee's water supply contract with Seattle. If the transferee is not a Wholesale Customer, then Seattle shall issue the transferee a water supply contract for such area subject to terms and conditions as Seattle shall determine. 4. Annexation by Seattle. If the entire service area of Water Utility is annexed to Seattle, then this contract shall become null and void upon the effective date of Seattle's assumption of Water Utility's water system. 5. Water Utility's Right to Terminate or Reduce Purchase Commitment. Water Utility's commitment to purchase water from Seattle under this contract may be terminated or reduced subject to the terms and conditions set forth below. Water Utility shall provide Seattle at least 5 years written notice of termination or reduction, provided, however, if Seattle unilaterally amends the terms and conditions of this contract pursuant to Section II.A.4 above, Water Utility may terminate this contract at any time within 1 year thereafter by giving Seattle 1 year written notice. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 8 a. Automatically Permitted Reductions. Water Utility may, without restriction, upon five years written notice to Seattle, reduce its water purchases from Seattle by an amount not to exceed 10 million gallons per day ("MGD") of its average annual demand. b. Reductions Requiring Permission. Water Utility may reduce quantities of water purchased from Seattle by more than 10 MGD or by providing less than five years advance notice of such reduction if in the judgment of the Operating Board, using the criteria listed below, it determines that such reduction is in the best interest of the Seattle Regional Water Supply System as a whole. C. Criteria. The criteria to be used by the Operating Board in determining the best interest of the Seattle Regional Water Supply System shall include but not be limited to the following: i. The potential for Stranded Costs and impacts on rates to either the remaining Wholesale Customers or Seattle; ii. The cost of new resources; iii. The feasibility and benefit of reallocating to Seattle or other customers the amount of water foregone by Water Utility; and iv. Environmental aspects of the proposed change. The Operating Board shall act promptly and reasonably in evaluating and deciding upon Water Utility's request. The Operating Board may approve, with or without reasonable conditions, or deny Water Utility's request based on the above criteria. Approval conditions may include a requirement that Water Utility waive its rights to be served its Full Water Requirements. If the approval conditions are unacceptable to Water Utility, it PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 9 may elect in writing to withdraw its request and this contract shall continue in full force and effect. H.C. Continuity of Service within the Term of the Contract I. Parity of Service. Seattle shall provide wholesale water to Water Utility at an equivalent Wholesale Level of Service that it provides to itself. In the event of a general emergency or weather-related water shortage affecting the entire Seattle Regional Water Supply System, general restrictions placed upon water deliveries to Water Utility shall be determined by the Operating Board and applied consistently to other Wholesale Customers and the Seattle Retail Distribution System. In the event of localized emergency problems, Water Utility acknowledges temporary, localized service interruptions may occur for the duration of the emergency. 2. Emergency Curtailment Measures. It is recognized by both parties that emergency water use curtailment measures may have to be adopted by Seattle to implement on a regional basis in order to meet an emergency condition or a regional water shortage. The procedures to be used in the event of a weather-related regional water shortage, or shortages caused by other emergency factors, shall be as described in Seattle's Water Shortage Contingency Plan in effect as of the effective date of this contract, or successor contingency plans. Successor water shortage contingency plans shall be developed and implemented by Seattle in consultation with the Operating Board. Water Utility shall assist with and support all procedures or emergency curtailment measures that are implemented under the Water Shortage Contingency Plan, or its successor. 3. Other Emergencies. Seattle may temporarily interrupt or reduce deliveries of water to Water Utility if Seattle determines that such interruption or reduction is necessary or PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 10 reasonable in case of system emergencies or in order to install equipment, make repairs, replacements, investigations and inspections or perform other maintenance work on the Seattle Regional Water Supply System. Except in cases of emergency, and in order that Water Utility's operations will not be unreasonably interrupted, Seattle shall give Water Utility and the Operating Board reasonable notice of any such interruption or reduction, the reasons for and the probable duration. Seattle shall use its best efforts to minimize service interruptions to Water Utility. 4. Waiver Of Charges. If interruption or reduction in deliveries of water to Water Utility requires that Water Utility draw water supply in a manner that subjects Water Utility to demand charges (as described in Exhibit III hereto), Seattle shall waive such charges during the period of such interruption or reduction. H.D. Water Quality I. Seattle Regional Water SupplySystem. Seattle shall be responsible for water quality within the Seattle Regional Water Supply System as set forth below. Seattle shall construct, operate and maintain water quality treatment facilities and use its best efforts to carry out its water quality responsibilities in the most cost-effective manner for the region. 2. Applicable Standards. Seattle shall at all times during the term hereof deliver water to Water Utility's system that meets or exceeds all applicable Federal, State and local regulations as the same may change from time to time. 3. System-wide Water Quality Plan. Seattle, in consultation with the Operating Board, may develop and maintain a system-wide regional water quality plan. The plan shall describe, at a minimum, goals, objectives, procedures and the means to satisfy legal requirements PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 11 and industry standards for water quality, monitoring, information exchange, best management practices, adaptive management practices, public health protection, and cross connection control. The Operating Board may form a technical subcommittee to provide input and review of such plan. Seattle shall share available water quality data and technical expertise with all Wholesale Customers. 4. Distribution Systems. Water Utility shall be responsible for compliance with all applicable federal, State and local water quality laws and regulations applicable to water in its distribution system including any water from its own supply sources. 5. Monitoring. Water quality monitoring shall be performed by Seattle in the Seattle Regional Water Supply System and by Water Utility in its distribution system to comply with federal, State and local water quality regulations, to verify the condition of water that is passing from one entity to the other,to enhance system operation and to document the aesthetic qualities of the water. Notwithstanding the foregoing, Water Utility may contract with Seattle for water quality monitoring services as an elective service under section IVY. hereof. 6. Water Quality Notifications to Customers (Consumer Confidence Reports). Each party shall prepare at its sole cost periodic water quality notifications to its respective retail customers and regulatory agencies as required by law. Seattle shall provide Water Utility all water quality data in a timely manner regarding the Seattle Regional Water Supply System that Water Utility may be legally required to report in such notices. 7. Water Quality Best Management Practices and Adaptive Management Practices. The Operating Board may develop best management practices ("BMPs") and adaptive management practices ("AMPs") as reasonably necessary to protect water quality within PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 12 the Seattle Regional Water Supply System. The BMPs and AMPS will include recommendations to prevent deterioration of water quality in transmission and distribution systems. The parties shall use reasonable efforts to comply with the BMPs and AMPS. 8. Flushing. Water Utility shall be solely responsible for flushing water mains within its system. Flushing allowances will be provided by Seattle only when the Operating Board determines that flushing is required to maintain or improve regional water quality. 9. New Water Sources. Prior to the introduction of any new water supply source, including any direct or indirect potable reuse water, by Water Utility which mixes with water in the Seattle Regional Water Supply System, the proposed source must be evaluated using customary and reasonable water quality criteria developed in consultation with the Operating Board to ensure compatibility with Seattle water and approved in writing by Seattle. The proposed Water Utility source must also meet all federal, state and Seattle water quality and treatment standards. Upon Seattle's request, Water Utility shall also provide Seattle with satisfactory results from a blending study to determine the compatibility of the source with existing sources already in the Seattle Regional Water Supply System, the appropriate method and level of treatment and the probable distribution of the new supply within the Seattle Regional Water Supply System. Water Utility shall also complete a flavor rating analysis of no more than 3.0 as tested by Seattle's flavor profile panel according to the methodology described by the American Water Works Association, or its successor. Water Utility shall obtain all necessary and appropriate regulatory permits, reviews, and approvals for rights to and operational use of such water supply source. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 13 The Operating Board may form a technical subcommittee to develop water quality standards and review and advise on the water quality evaluation criteria for proposed new sources. Such criteria for new sources shall be the same for surface water and ground water. 10. Transfers Outside the Seattle Regional Water Supply System. If,with the written consent of Seattle, water from the Seattle Regional Water Supply System is transferred between Water Utility and another water utility in a manner that does not use the Seattle Regional Water Supply System, Water Utility, the other water utility, or both, shall be fully responsible for meeting all applicable water quality standards related to the transfer of such water between their respective systems. Seattle will not be responsible for water quality outside of the Seattle Regional Water Supply System or Seattle Retail Distribution System except as may be agreed to under Section II.D.5. II.E. Conservation The parties acknowledge that conservation prolongs the time before new supply resources are needed and thus constitutes an important ongoing tool in managing the water resources of the region. Accordingly, Water Utility hereby adopts and agrees to be bound by the Regional Water Conservation Program, as it may be amended from time to time during the term of this contract. In accordance with Part 1, Section B.1.5 of the Settlement Agreement between the Muckleshoot Indian Tribe and the National Marine Fisheries Services and the City of Seattle (Civ. No. 03- 3775JLR), Water Utility will implement, through its participation in the Regional Water Conservation Program, conservation measures that are substantially similar to those implemented by Seattle within the Seattle Retail Distribution System. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 14 *#S✓ 1. Performance Measurements. For the purposes of determining water conservation performance, Water Utility's water use shall be measured in conjunction with the use of all other participants in the Regional Water Conservation Program. The Operating Board may develop reasonable criteria to measure the participants' water conservation performance in accordance with such program. 2. Conservation Above the Regional Water Conservation Program. Water Utility acknowledges that water conservation beyond the Regional Water Conservation Program may be required as a condition of State or federal regulations, court orders, settlements or agreements made to avoid litigation, fines or penalties, or as otherwise determined to be reasonably necessary by the Operating Board. The Operating Board may adopt reasonable additional conservation measures and targets for such purposes. Such conservation measures and targets shall apply in the same manner to all holders of Full and Partial Requirements Contracts and the Seattle Retail Distribution System. Except as provided in the next subsection, Water Utility shall implement such additional water conservation measures and meet the additional adopted targets. 3. Water Utility's Option to be Conservation Service Provider. Water Utility may elect to provide its own water conservation program, beyond its commitment to the Regional Water Conservation Program to meet conservation targets adopted by the Operating Board, or more stringent targets. Water Utility shall bear the additional costs thereof and shall be solely responsible for its implementation. Under this option, Water Utility shall be evaluated for meeting the additional water conservation targets solely by its own performance. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 15 4. Incentives and Penalties. The Operating Board may adopt penalties for shortfalls in water conservation and rewards for meeting or exceeding adopted targets. In the event Water Utility or Seattle fails to meet the adopted targets set by the Operating Board, the Operating Board may assess a penalty. Penalties may not exceed the cost of Seattle undertaking those conservation measures reasonably needed to achieve the adopted target. 5. Postponing the Need for New Water Supply Facilities. In order to avoid the necessity of developing new physical water supply facilities for as long as reasonably practicable, any water saved through conservation in either Seattle's or Water Utility's retail service areas shall be dedicated first to the municipal and industrial water supply requirements of the Seattle Regional Water Supply System before any other use of such water may be undertaken. SECTION III. CONDITIONS OF SERVICE III.A. Minimum Hydraulic Gradient 1. Initial Minimum. Seattle shall maintain a minimum hydraulic gradient or head at a maximum flow rate in amounts and at locations described in Exhibit II attached hereto for each Service Connection from the Seattle Regional Water Supply System to Water Utility's distribution system. Such gradients and locations shall be contained in Seattle's and Water Utility's future water system plans. Seattle shall operate and maintain the Seattle Transmission Facilities necessary to carry out such obligation. If Seattle and the Operating Board find that a project resulting in the modification of such minimum gradient or head would benefit the Seattle Regional Water Supply System as a whole, the minimum hydraulic gradient or head described in Exhibit II may be modified by Seattle if PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 16 moo such modification is feasible from an economic, land use and engineering perspective taking into account the facilities required to carry out and for Water Utility to adapt to such modification. Seattle may make these modifications only once during any fifteen (15) year period provided that four (4) years advance written notice is given to Water Utility,unless a shorter notice is approved by the Operating Board. 2. Emergencies. If Seattle is prevented by emergency circumstances from providing such minimum hydraulic gradient, Seattle shall supply not less than the volume of water equivalent to the maximum 24-hour average flow rate required by Water Utility as shown on Exhibit 11 for each 24 hour period that the minimum hydraulic gradient is interrupted. 3. Additional Service Connections. Additional Service Connections between Water Utility's and Seattle Regional Water Supply System's water systems or adjusted minimum gradients may be established from time to time by mutual agreement between Seattle and Water Utility subject to approval by the Operating Board. Exhibit II shall be appropriately revised to reflect such additions or adjustments. III.B. Resale to Other Parties Water Utility may sell water supplied by Seattle to other water utilities located outside of Water Utility's existing or future service area only upon the prior written consent of Seattle (or oral, in case of emergency). Agreements for resale of water by Water Utility listed in Exhibit I are hereby approved by Seattle subject to whatever written terms, conditions and limitations that Seattle has imposed on such resale. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 17 III.C. Interconnection With Other Systems 1. Prohibition on Interconnection. Water Utility shall not interconnect any part of its system supplied with water from Seattle with other water systems without the prior written approval of the Operating Board, or, in case of emergency, upon oral approval by Seattle, which shall not be unreasonably withheld. Any such interconnection shall be subject to the approval of the Washington State Department of Health and the installation of a meter. Such other systems must be in compliance with all applicable local, State and federal laws and regulations including the requirement that they have a valid operating permit issued by the Washington State Department of Health. 2. Requests by Seattle to Interconnect. Seattle may request that Water Utility interconnect its water system to the water system of an adjacent Wholesale Customer. Water Utility shall comply with that request subject to the terms and conditions set forth below. a. Requirement for Interconnection. If Water Utility does not consent to Seattle's request for interconnection, Seattle may propose the interconnection of Water Utility's water system to the adjacent Wholesale Customer to the Operating Board. Water Utility may present facts and arguments to the Operating Board in opposition to the interconnection and document its costs in making the interconnection and conveying water to the adjacent Wholesale Customer. The Operating Board shall hear and consider the matter. Upon(a) a written finding by the Operating Board that the proposed interconnection with an adjacent Wholesale Customer is feasible taking into account Water Utility's capabilities, limitations, and obligations, (b)a written finding by the Operating Board that such interconnection benefits the Seattle Regional Water Supply System and (c) a PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 18 written demand of the Operating Board that Water Utility carry out the interconnection, Water Utility shall be required to interconnect its facilities to the adjacent Wholesale Customer for the purpose of supplying water to that Wholesale Customer through the distribution system of Water Utility, provided that the adjacent Wholesale Customer agrees to perform the interconnection in a location and according to a schedule which does not unduly disrupt Water Utility's operations, and to be responsible for the payment and indemnity obligations in Section III.C.2.b below. b. Payment and Indemnity. Water Utility shall be paid its actual costs of providing such interconnection and water transmission service by the adjacent Wholesale Customer receiving the water, plus a reasonable amount for overhead, administration and rate of return (equal to Rate of Return on Investment) on such costs, and Water Utility shall be indemnified from any liability that may result from providing such interconnection by the adjacent Wholesale Customer. The Operating Board shall adopt a standard methodology for calculating costs that ensures that Water Utility is fairly compensated for such service. III.D. Development of Regional Supply and Transmission Infrastructure Final decisions and authority to approve construction of capital infrastructure related to the Seattle Regional Water Supply System shall rest with the Seattle City Council. Capital construction activities include, but are not limited to installations, renewals, replacements, upgrades, expansions, and any other costs included in Seattle's comprehensive capital facilities plan. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 19 III.E. Metering Equipment Seattle shall own and perform testing, cleaning and recalibration on appropriate metering devices and associated appurtenances to measure the amount of water delivered to Water Utility at the Service Connection pursuant to this contract. Seattle shall perform all other work at Water Utility's expense regardless of the cause provided that the cause is consistent with AW WA and safety standards and practices. Water Utility shall operate and maintain its water system in a manner that the water flowing through the Service Connection meter operates within the normal operating range for the meter as specified by the manufacturer. Until such time as Seattle determines it to be economical to install metering devices to measure the amount of water delivered from the Seattle Regional Water Supply System to the Seattle Retail Distribution System, the amount of water delivered to the Seattle Retail Distribution System shall be measured indirectly by subtracting the metered water delivered to all of Seattle's wholesale customers from 98% of the total amount of water exiting Seattle's sources of supply as measured by the supply meters. SECTION IV. COST OF WATER SUPPLY & TRANSMISSION Cost-based rates are a water industry accepted practice and the historical practice of Seattle and the Wholesale Customers. The rate-making principles, policies and methodologies set forth in this Section IV are intended to meet the objective of equitable and cost-based rates. IV.A. Rate-making and Cost-allocation Principles The parties will apply the following general principles and policies to the establishment of all rates, charges, and cost allocations for water supply,transmission, and related services under this contract. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 20 1. No expenses attributable to electric power development may be allocated to the cost pools identified herein unless the pools are allocated a commensurate share of revenue derived from such development. 2. Seattle shall utilize generally accepted accounting principles, as may be amended from time to time, consistently applied as a basis for developing the financial information upon which rates and charges are based. 3. Abrupt changes in financial policies should be avoided. 4. The rate structure should encourage the efficient use of water, conservation and the timely development of new environmentally responsible water sources and should incorporate seasonal rates and other pricing approaches to encourage efficient use. 5. The rate structure should be innovative, flexible and adaptive whenever it is cost effective and beneficial in furthering the rate-making policies. 6. The rate structure should be simple to administer and easily understandable. 7. The rate structure should be fair and equitable while balancing the needs of all parties. 8. Capital costs which benefit only a new Wholesale Customer shall be allocated to that customer and not to any cost pool described in this contract. 9. Capital costs associated with improvements or facilities which benefit or serve individual Wholesale Customers or the Seattle Retail Distribution System may be allocated to a sub- regional or regional cost pool to the extent necessary to alleviate a disproportionate adverse impact to that Wholesale Customer or the Seattle Retail Distribution System from a regional or sub-regional capital improvement and where (i) such impact could have been reasonably avoided through a different project design, or (ii) the other PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 21 rlMr' ' Wholesale Customers, including the Seattle Retail Distribution System, receive tangible benefits,directly or indirectly, from the adopted capital facilities plan. 10. The Seattle Retail Distribution System shall be treated as the equivalent of a Wholesale Customer of the Seattle Regional Water Supply System for the purpose of charging Seattle the same wholesale rates and charges as Water Utility for water supply and transmission. Costs calculated under the costs pools described below shall apply to all Wholesale Customers and to the Seattle Retail Distribution System, except as otherwise stated in a particular wholesale water supply contract. 11. The allocation of costs associated with capital construction activities within the Seattle Regional Water Supply System shall be the responsibility of the Operating Board. The Operating Board shall use its best efforts to determine and approve a cost allocation method for infrastructure projects prior to the capital project obtaining construction approval from the Seattle City Council. Failure of the Operating Board to determine and approve a cost allocation method shall not hinder the Seattle City Council from approving capital infrastructure projects in order to assure Seattle's ability to fulfill the requirements of this contract. 12. All parties will use best efforts in establishing rates and cost allocations that reflect the rate-making and cost allocation principles set forth in this Section IV.A. IV.B. Ratemaking Framework Subject to the foregoing principles, wholesale rates and charges for the services described in this contract shall be developed by Seattle based on the following framework: 1. Water Supply and Transmission Service. The costs of water supply and transmission of water shall be accounted for separately in the water supply and transmission cost pools PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 22 `r�r 'r.r✓ described below. The price for each service shall be recovered through separate rates for each service. All direct costs incurred in providing water supply and transmission services shall be allocated to the appropriate cost pool and recovered through the rates for each service. In addition, certain indirect costs consisting of a reasonable overhead and administration cost shall be allocated to the appropriate cost pool and recovered through rates for each service. 2. Water Supply - Basic and Elective Services. The costs of supplying water falls into two categories — basic and elective services. Basic service costs include direct and indirect costs attributable to the delivery of water to the Wholesale Customers and to Seattle's Retail Distribution System pursuant to the foregoing principles. Elective services are optional services, such as water quality laboratory services and specific engineering support that Seattle makes available. 3. Conservation. Costs incurred by Seattle for the Regional Water Conservation Program shall be allocated to both the New Supply Cost Pool and Renton New Supply Cost Pool, which is defined in Section IV.C.I.c. Only the Renton New Supply Cost Pool will be allocated to Water Utility in accordance with Section IV.E.7 and the costs shall be recovered through a block payment in accordance with Section VII.A. 4. Block PgMents In Lieu of New Supply Rates or Facilities Charges. Water Utility's payment of the annual costs allocated to it through the Renton New Supply Cost Pool will be in lieu of paying new supply rates or facilities charges under this contract. Accordingly, Seattle will set a rate for Water Utility consisting of the existing supply rate, existing transmission rate and new transmission rate only. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 23 IV.C. Water Supply Pricing—Basic Services 1. Three Water Supply Cost Pools. For the purposes of determining costs of water supply, there shall be three cost pools: An existing supply cost pool ("Existing Supply Cost Pool'), a new supply cost pool ("New Supply Cost Pool") and a new supply cost pool for Renton ("Renton New Supply Cost Pool') authorized under Section IV.E.5.a and defined in Section IV.C.l.c below. a. Existing Supply Cost Pool. The Existing Supply Cost Pool shall be accounted for as follows: i. A basic services rate for water supply shall be charged to recover the full costs of operating, maintaining, repairing, renewing and replacing the Existing Supply Resources incurred by Seattle. ii. All regional conservation programs undertaken by Seattle prior to January 1, 2002, shall be considered an Existing Supply Resource cost. iii. Renewal and replacement of Existing Supply Resources will be an Existing Supply Resource cost. b. New Supply Cost Pool. The New Supply Cost Pool shall be accounted for as follows: i. Water supply resources developed after January 1, 2002 that expand the capacity of the Seattle Regional Water Supply System ("New Supply Resources"), including the costs of the Regional Water Conservation Program from January 1, 2002, shall be included in the New Supply Cost Pool. If any portion of a New Supply Resource project enhances reliability of Existing Supply Resources, the costs thereof may be PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 24 allocated to the Existing Supply Cost Pool if the Operating Board and Seattle both agree. ii. The cost of New Supply Resources plus Rate of Return on Investment may be recovered either through FCs or new supply rates charged to the holders of Full and Partial Requirements Contracts, except for Renton, and the Seattle Retail Distribution System. The new supply rate shall be applied to all holders of Full and Partial Requirements Contracts, except for Renton, and the Seattle Retail Distribution System. iii. The Operating Board shall determine the portion of the New Supply Resource costs that shall be recovered through FCs or through new supply rates. The FCs and new supply rates may be scalable to create an incentive for developers to build housing or commercial units with efficient water usage levels. Wholesale Customers and Seattle in setting rates for retail customers shall be free to choose the method of incorporating FCs or new supply rates into their own retail rates and charges. iv. Holders of Full and Partial Requirements Contracts who have not purchased water from Seattle under the 1982 Water Purveyor Contract shall be assessed the full marginal costs of the operation, including Rate of Return on Investment, of the New Supply Resources. This assessment may be satisfied by either paying FCs and new supply rates or arranging a special water supply rate in lieu of paying FCs. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 25 C. Renton New Supply Cost Pool. The Renton New Supply Cost Pool shall be accounted for as follows: i. New Supply Resources developed after January 1, 2012, including the costs of the Regional Water Conservation Program from January 1, 2012, shall be included in the Renton New Supply Cost Pool. ii. The cost of the New Supply Resources plus Rate of Return on Investment will be recovered through a block payment in accordance with Section VILA. d. Emergency Surcharge. In the event of a drought, catastrophe, or other extraordinary condition that requires emergency expenditures to maintain a sufficient water supply, Seattle may impose an emergency surcharge on all holders of Full and Partial Requirements Contracts in order to pay for such expenditures or maintain financial stability of the Seattle Regional Water Supply System, or both. Any such emergency surcharge shall be presented to the Operating Board prior to adoption by the Seattle City Council. Seattle shall consider the comments of the Operating Board but shall nevertheless have the full authority to adopt the emergency surcharge. IV.D. Transmission Pricing-Basic Services 1. Transmission Costs Pools. For purposes of determining the cost of the transmission of water to the Wholesale Customers there shall be three transmission cost pools consisting of an existing transmission cost pool ("Existing Transmission Cost Pool'), a new transmission cost pool ("New Transmission Cost Pool"), and a Renton Sub-regional Cost Pool ("Renton Sub-regional Cost Pool'). PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 26 a. Existing Transmission Cost Pool. Costs to be allocated to the Existing Transmission Cost Pool shall consist of the following: operation, maintenance, repairs, renewals, and replacements to the Seattle Transmission Facilities. i. The Seattle Transmission Facilities are owned and operated as a regional network by Seattle to convey water to wholesale customers and to the Seattle Retail Distribution System. Therefore, the price of transmission for water transmitted within the Seattle Transmission Facilities shall be calculated on the same basis to holders of Full and Partial Requirements Contracts and the Seattle Retail Distribution System. ii. Costs incurred for purposes of transmission reliability may be included in the Existing Transmission Cost Pool subject to the approval of the Operating Board and Seattle. b. New Transmission Cost Pool. The cost of new transmission facilities shall be included in the New Transmission Cost Pool. The renewal, replacement, upgrade, expansion, or modification of existing Seattle Transmission Facilities which create an expansion of transmission capacity may be allocated to the New Transmission Cost Pool. The Operating Board shall decide what portion of costs of renewal, replacement, upgrade, expansion or modification of existing Seattle Transmission Facilities may be allocated to the New Transmission Cost Pool and what portion of costs of a transmission project that extends the geographic extent of the transmission system that shall be allocated to the New Transmission Cost Pool or recovered from a new Wholesale Customer if the project benefits only that new Wholesale Customer. Except for costs allocated to a specific Wholesale PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 27 Customer, New Transmission Cost Pool costs shall be recovered through new transmission rates or FCs as determined by the Operating Board. The new transmission rate shall be applied in a uniform manner to all holders of Full and Partial Requirements Contracts and the Seattle Retail Distribution System. C. Renton Sub-regional Cost Pool. Water Utility is served, in part, by the sub- regional water transmission facilities listed in Exhibit XI. The costs of operating, maintaining, repairing and replacing these facilities shall be included in the Renton Sub-regional Cost Pool, together with any other costs Water Utility and Seattle agree to include. 2. Demand Charge. a. Seattle may adopt a demand charge in accordance with the methodology described in Exhibit III. The demand charge rate (i.e., dollars per 1000 gallons of deficient storage) shall be based on the equivalent cost of providing the deficient storage. b. The proceeds of the demand charge will be treated in rate setting as a credit to the New Transmission Cost Pool. C. Seattle shall suspend the demand charge rate in the event of emergencies and unforeseen conditions. 3. Cost of New or Changed Service Connection. If Seattle requests a change in the location of the Service Connection to Water Utility for the benefit of the Seattle Regional Water Supply System, then the costs, including any retirement costs of the old Service Connection, shall be included in the appropriate transmission cost pool. If Water Utility requests a new Service Connection or a change in location of an existing Service PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 28 Connection, then Water Utility shall pay the costs of the new or changed Service Connection, including any retirement costs of the old Service Connection regardless of the cause provided that the cause is consistent with AWWA and safety standards and practices. IV.E. Allocation of Costs and Revenues into Cost Pools 1. Accountine. Seattle shall maintain a cost accounting system consistent with the provisions of this contract and generally accepted accounting principles, as amended from time to time, consistently applied in developing the financial information for determining the costs of acquisition, construction, repair, renewal, replacement, upgrade, expansion,maintenance, and operation of the facilities in each cost pool. a. Asset Accounts. An asset account shall be maintained for each facility and within that account Seattle shall record the original cost of that facility plus betterments and less retirements. b. Depreciation. Facilities shall be depreciated according to industry-standard water system asset lives and a record of life-to-date depreciation shall be maintained for each facility. No depreciation shall be recorded in the first calendar year of operation of a facility. A full year's depreciation shall be recorded in every subsequent year. C. Net Book Value. The net book value of any facility shall be its original cost plus betterments and less retirements as recorded in its facility asset account, less life- to-date depreciation. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 29 2. Infrastructure Costs. Each cost pool shall include the infrastructure costs for its respective facilities, calculated on a utility, cash or other basis depending upon the facility and the cost pool as set forth below. a. Utility Basis. The utility basis shall be used to calculate the infrastructure costs for all Existing Supply Resources and Seattle Transmission Facilities, as well as their replacements and betterments. The utility basis may also be used for New Supply Resources and new transmission facilities in Seattle's discretion. Under the utility basis, the infrastructure cost for a facility in any year shall be the sum of (i) the annual depreciation expense recorded for that facility and (ii) the product of the net book value of that facility and the Rate of Return on Investment. At Seattle's discretion, interest costs may be considered current infrastructure costs during the construction of a facility. However, any such interest costs must be considered contributions in aid of construction, and not included in the Net Book Value of the facility for purposes of calculating Utility Basis costs in future years. b. Cash Basis. The cash basis may be used in Seattle's discretion for New Supply Resources and transmission facilities or a portion thereof. Under the cash basis, the infrastructure cost for a facility in any year shall be the actual cash expenditure made by Seattle in that year for either the payment of construction costs or actual principal and interest costs on debt issued to finance its construction. In the event that the depreciation lifetime of the facility is less than the term of the debt issued to finance all or a portion of the facility, debt PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 30 i maturities will be selected such that the construction cost of the facility will be fully amortized at the end of its depreciation lifetime. C. Other Basis. Seattle, with the approval of the Operating Board, may determine one or more other bases on which to calculate infrastructure costs and may apply these bases to facilities in the New Supply, Renton New Supply, and New Transmission Cost Pools. Disposition of any facilities under another basis will be determined at the same time in accordance with Section N.EA 3. Operations Costs. The costs of operating the assets assigned to a cost pool shall be included in the cost pool. The annual operations costs of a cost pool shall be the labor, materials, equipment and other direct costs required for the operation, maintenance, and repair of the facilities in that cost pool, together with any net profit or expense from the disposition of facilities in that pool. Operations costs shall include the cost of general and administrative overhead applied in a manner consistent with its application to capital construction projects. a. Existing Supply Operations Costs. The parties agree that an efficient way of handling operations costs for the Existing Supply Cost Pool shall be as follows: The operations cost base in the Existing Supply Cost Pool for the year 2010 shall be determined in accordance with the line item labeled "2010 Costs in identified activities" under Existing Supply in Note 2 — Operations Costs, Notes to the Wholesale Statements for the City of Seattle, Seattle Public Utilities, Water Fund, during the annual cost-audit process for 2010 in accordance with Section ME.10, which occurs by the end of 2011 and applies to all Wholesale Customers and Seattle. Seattle will notify Water Utility of the actual 2010 operations cost base in PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 31 the Existing Supply Cost Pool in writing, which shall become incorporated as part of this contract at that time. In each succeeding year, the amount of the operations cost base from the previous year shall be adjusted by the percentage increase in the operations cost in the Existing Supply cost centers identified in Exhibit IX, as amended from time to time. b. Existing Transmission Operations Costs. The parties agree that an efficient way of handling operations costs for the Existing Transmission Cost Pool shall be as follows: the operations costs base in the Existing Transmission Cost Pool for the year 2010 shall be determined in accordance with the line item labeled "2010 Costs in identified activities" under Existing Transmission in Note 2—Operations Costs, Notes to the Wholesale Statements for the City of Seattle, Seattle Public Utilities, Water Fund, during the annual cost-audit process for 2010 in accordance with Section IV.E.10, which occurs by the end of 2011 and applies to all Wholesale Customers and Seattle. Seattle will notify Water Utility of the actual 2010 operations cost base in the Existing Transmission Cost Pool in writing, which shall become incorporated as part of this contract at that time. In each succeeding year, the amount of the operations cost base from the previous year shall be adjusted by the percentage increase in the operations cost in the Existing Transmission cost centers identified in Exhibit IX, as amended from time to time. C. New Supply Operations Costs. The operation costs of the Regional Water Conservation Program after January 1, 2002, together with the costs of operating facilities assigned to the New Supply Cost Pool and any other costs allocated by the Operating Board, shall be assigned to the New Supply Cost Pool. The PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 32 operations cost base in the New Supply Cost Pool for 2010 shall be determined in accordance with the line item labeled "2010 Costs in identified activities" under New Supply in Note 2 —Operations Costs,Notes to the Wholesale Statements for the City of Seattle, Seattle Public Utilities, Water Fund, during the annual cost- audit process for 2010 in accordance with Section IV.E.10, which occurs by the end of 2011 and applies to all Wholesale Customers and Seattle. Seattle will notify Water Utility of the actual 2010 operations cost base in the New Supply Cost Pool in writing, which shall become incorporated as part of this contract at that time. In each succeeding year, the amount of the operations cost base shall be adjusted by the percentage increase in the operations costs in the New Supply cost centers as identified in Exhibit IX, as amended from time to time. d. Renton New Supply Operations Costs. The operation costs of the Regional Water Conservation Program after January 1, 2012, together with the costs of operating facilities assigned to the Renton New Supply Cost Pool and any other costs allocated by the Operating Board, shall be assigned to the Renton New Supply Cost Pool. The operations cost base in the Renton New Supply Cost Pool for 2012 shall be determined in accordance with the line item labeled "2012 Costs in identified activities" under New Supply in Note 2 — Operations Costs, Notes to the Wholesale Statements for the City of Seattle, Seattle Public Utilities, Water Fund, during the annual cost-audit process for 2012 in accordance with Section IV.E.10, which occurs by the end of 2013 and applies to all Wholesale Customers and Seattle. Seattle will notify Water Utility of the actual 2012 operations cost base in the Renton New Supply Cost Pool in writing, which shall become PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 33 incorporated as part of this contract at that time. In each succeeding year, the amount of the operations cost base shall be adjusted by the percentage increase in the operations costs in the New Supply cost centers as identified in Exhibit IX, as amended from time to time. e. New Transmission Operations Costs. The actual costs of operating facilities assigned to the New Transmission Cost Pool and any other costs allocated by the Operating Board, shall be assigned to the New Transmission Cost Pool. f. Renton Sub-regional Operations Costs. The actual costs of operating facilities assigned to the Renton Sub-regional Cost Pool, together with any additional operations costs approved by Water Utility and Seattle. 4. Disposition Costs. The costs of disposing of assets within a cost pool shall be included in the cost pool.Net disposition costs shall be calculated as follows: a. Disposition Under the Utility Basis. The net book value of the facility, less any sales, salvage, or other revenues derived from the disposition of that facility. b. Disposition Under the Cash Basis. The value of principal of unpaid maturities of debt used to finance the construction cost of the facility, less any sales, salvage or other revenues derived from the disposition of that facility. C. Disposition Under Other Basis. Disposition of any facilities whose infrastructure costs are calculated on another basis under section IV.E.2.c. above shall be determined by the parties as part of the definition of such other basis. 5. Creation of Additional Cost Pools. Seattle, in its discretion, may create additional cost pools to provide equity and flexibility in payment arrangements and the allocation of costs as the Seattle Regional Water Supply System expands to include new infrastructure, PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 34 operations, and customers. The costs in an additional cost pool, or a portion thereof, may be added to an existing cost pool subject to the consent of the Operating Board if the costs to be allocated satisfy the criteria for allocation to the existing cost pool. a. Creation of Renton New Supply Cost Pool. The parties agree that, due to the unique circumstances that Seattle will provide Regional Conservation Program services throughout Water Utility's entire retail service area, but that Water Utility's purchases of water from the Seattle Regional Water Supply System are expected to be a minor portion of overall demand for Water Utility, the parties agree to an alternative cost recovery mechanism for the term of the contract in lieu of the new supply rates or FC's applicable to other Wholesale Customers. Accordingly, pursuant to this Section IV.E.5, Seattle is creating the Renton New Supply Cost Pool. 6. Facilities Charge Revenues. Supply FC revenues, which consist of those revenues from FCs the Operating Board has determined are to recover a certain portion of New Supply Resources costs, shall offset infrastructure costs in the New Supply Cost Pool. Surpluses and deficits in actual Supply FC revenues over costs to be recovered through the Supply FC shall be carried forward and earn simple interest at Seattle's Average Cost of Debt. Any current-year deficit (including any surplus balance available from previous years) shall be paid by rates for the New Supply Cost Pool.New Supply Cost Pool rates shall be discounted by surplus Supply FC revenues until any deficit Supply FC balance is repaid, except the amount of this discount shall not exceed, without the agreement of the Operating Board, twice the maximum annual deficit paid by the rate for the New Supply Cost Pool in any one year. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 36 In the event that Supply FC surplus balances exceed the Net Book Value of assets whose costs are allocated to the Supply FC, the difference between the Supply FC balance and the Net Book Value of these assets shall be used to discount the rate for the New Supply Cost Pool (and the Supply FC surplus balance shall be reduced by the amount of this discount). The use and accounting for transmission FCs shall be done in a like manner to supply FCs. Seattle and Water Utility agree that FC revenues are the sole property of Seattle. 7. Allocation of Cost Pools by Customer Class. The costs in cost pools shall be allocated within the pools as follows: a. Allocation of Existing Supply Cost Pool. The total cost of the Existing Supply Cost Pool shall be allocated to two customer classes as follows: i. Block Purchase Customer Class. The portion of costs in the Existing Supply Cost Pool allocated to holders of Block Purchase Contracts shall be determined pursuant to those contracts. ii. Full and Partial Requirements Customer Class. The holders of Full and Partial Requirements Contracts and the Seattle Retail Distribution System shall be allocated the remaining costs in the Existing Supply Cost Pool. b. Allocation of New Supply Cost Pool. The costs allocated to the New Supply Cost Pool shall be: i. Block Purchase Customer Class. The holders of Block Purchase Contracts shall be allocated no costs from the New Supply Cost Pool. ii Full and Partial Requirements Customer Class. The holders of Full and Partial Requirements Contracts, except for Renton, and the Seattle Retail PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 36 Distribution System shall be allocated all costs in the New Supply Cost Pool. C. Allocation of Existing Transmission Cost Pool. The costs of the Existing Transmission Cost Pool shall be allocated as follows: i. Block Purchase Customer Class. The proportion of costs in the Existing Transmission Cost Pool allocated to holders of Block Purchase Contracts shall be determined pursuant to those contracts. ii Full and Partial Requirements Customer Class. The holders of Full and Partial Requirements Contracts and the Seattle Retail Distribution System shall be allocated the remaining costs in the Existing Transmission Cost Pool. d. Allocation of New Transmission Cost Pool. i. Block Purchase Customer Class. The holders of Block Purchase Contracts shall be allocated no costs from the New Transmission Cost Pool. ii Full and Partial Requirements Customer Class. The holders of Full and Partial Requirements Contracts and the Seattle Retail Distribution System shall be allocated all costs in the New Transmission Cost Pool. e. Allocation of the Renton New Supply Cost Pool. i Block Purchase Customer Class. The holders of Block Purchase Contracts shall be allocated no costs from the Renton New Supply Cost Pool. ii. Full and Partial Requirements Customer Class. The holders of Full and Partial Requirements Contracts, except for Renton, and the Seattle Retail PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 37 Distribution System shall be allocated no costs from the Renton New Supply Cost Pool. iii. Water Utility. Water Utility shall be allocated 5.7% of the costs from the Renton New Supply Cost Pool. Seattle may update the 5.7% share of costs allocated to Water Utility, either as a result of Water Utility acquiring additional service area pursuant to Section II.B.2.c, or as of January 1, 2017 and every 5 years thereafter during the term of the contract, which will be a calculation of the percentage of Water Utility's retail flows for all customers in its retail service area as compared to all retail flows of the Wholesale Customers and the Seattle Retail Distribution System. f. Allocation of Renton Sub-region Cost Pool. All costs in the Renton Sub-regional Cost Pool shall be allocated according to Exhibit XII. g. Allocation of Additional Cost Pools. At the time an additional cost pool is created by Seattle pursuant to Section IV.E.5, the additional cost pool will be allocated by customer class. 8. Facilities Charges. If Seattle establishes FCs as authorized herein, then such charges shall be calculated as follows: a. ERU Definition. Seattle shall develop a definition of an Equivalent Residential Unit ("ERU") based on, meter size as set forth in Exhibit VI, number of residential units, water use, or other basis which shall be consistent with accepted industry standards. The Operating Board shall have the right to review and PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 38 comment on the definition and Seattle shall consider the Operating Board's comments. b. Record-Keeping. Upon reasonable notice, Water Utility shall make its billing and connection records available to Seattle for inspection and copying during normal business hours and Seattle's billing and connection records shall be made available to any Wholesale Customer on the same basis. C. Annual Calculation of ERUs. Until such time as Seattle develops another basis, the calculation of ERUs in any year shall be the annual growth in the number of meters installed by Water Utility during the year taking into account the size of each meter. d. Imposition of Facilities ChgMgs. Seattle shall collect and Water Utility shall pay FCs based on the following: i. Independent Sources. Water Utility operates the sources of water supply independent of the Seattle Regional Water Supply System listed in Exhibits I and XIII. ii. Record Maintenance. Water Utility shall maintain records of the monthly production of each independent source of supply in a manner consistent with industry standards, and shall allow Seattle, upon reasonable notice, to examine and copy these records at their customary location during normal business hours. iii. Permanent Interruption of an Independent Source. In the event that the annual water supply capacity of an Independent Source, or of all Independent Sources in aggregate, is found to be permanently interrupted, Water Utility shall pay Seattle an amount equal to the then-current ERU Fee multiplied by PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 39 the number of ERUs that could be served, on an annual basis, by a supply of the same size as the permanently interrupted independent supply. This amount shall be paid in annual installments over a period not to exceed five years. iv. Seattle Report on ERUs. Seattle shall prepare and distribute a report no later than March 31 St of each year showing the ERU count of the Seattle Retail Distribution System and each Wholesale Customer, except Renton, on such basis for the previous year and each year since the effective date of this contract. e. Rate Setting. The structure of FCs or water rates charged to the holders of Full and Partial Requirements Contracts shall be determined by Seattle, at its sole discretion, except that the price may not, without the consent of Water Utility, be set to collect more than the costs forecast under Section IV hereof and Rate of Return on Investment. FCs shall be calculated as set forth on page 1 of Exhibit VI. 9. Cost Audit. At the end of each fiscal year, Seattle shall provide a statement of actual costs allocated to each cost pool and other costs and revenues received, which statement may be audited by an external auditor selected by the Operating Board. In addition, Water Utility may have the statement audited by an external auditor of its choice, solely at Water Utility's expense. 10. Transition. a. Prior Operating Board Decisions. Water Utility acknowledges and agrees it will be bound by decisions the Operating Board has made under the authority in this PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 40 contract that have been made prior to the Effective Date of this contract so that such decisions apply to all holders of Full and Partial Requirements Contracts. b. Early Contract Signing Fee. Within two months of the Effective Date of this contract, Water Utility agrees to pay to Seattle an Early Contract Signing Fee of $6373.00. If a Water Utility requires a longer period, it may pay the fee in monthly increments until December 2011 at I%interest. C. Transfer to Full and Partial Rates. i. Within two months of the Effective Date of this contract, Seattle will: 1) make appropriate changes to its billing system to charge Water Utility for water supplied under this contract at the then current rates for Full or Partial Requirements Contracts under Seattle Municipal Code ("SMC") Section 21.04.440.E.2 ("Billing System Change Date"); and 2) credit back to Water Utility the difference between the amount Water Utility paid for water supplied at the then current rates under its Water Purveyor Contract between the City of Seattle and the City of Renton for the Sale of Wholesale Water by Seattle to Renton, dated November 1, 1998, and what the Water Utility would have paid for water supplied at the then current rates for Full or Partial Requirements Contracts under SMC 21.04.440.E.2 from January 1, 2011 until the Billing System Change Date. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 41 d. Existing Regional Deficit. The parties acknowledge and agree that as of December 31, 2010, there may be an existing regional deficit or surplus in the running balance under Section IV.1.1 that was created by Wholesale Customers signing contracts prior to 2011 and the Seattle Regional Distribution System. Although Water Utility did not contribute to the existing deficit or surplus, it will have to pay higher or lower rates in the 2012-2014 rate period to help eliminate the deficit or surplus, respectively. In the event of a deficit, Seattle agrees to credit back to Water Utility, 70% of the amount that Water Utility will contribute to eliminating the existing deficit through higher rates. In the event of a surplus, Water Utility agrees to pay Seattle 70% of the amount that Water Utility will benefit from eliminating the existing surplus through lower rates. The actual amount of the existing deficit or surplus will be determined during the annual cost audit process for 2010,which is targeted for third quarter 2011. The amount to be credited or charged will be based on Water Utility's percentage of 2010 annual flow times the total existing regional deficit or surplus times 70%. Upon the completion of the 2010 annual cost audit process, Seattle will provide Water Utility with an accounting of the total credit or charge in writing. Beginning January 2012, Seattle will provide one or more monthly credits or charges on Water Utility's water bill until the entire credit or charge balance is paid off. Seattle or Water utility, as appropriate, will pay the entire balance by December 31, 2012. Any outstanding credit or charge balance will accrue interest at Seattle's average cost of debt from December 31, 2010 until the entire balance is paid off. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 42 e. One-time Regional Conservation Program Fees. i. Water Utility agrees to pay Seattle a one-time Regional Conservation Program start-up fee of$15,000 no later than December 31, 2011. ii. Water Utility agrees to pay Seattle a one-time Regional Conservation Program buy-in fee of$34,000 no later than January 31, 2012. IV.F. Elective Services 1. Water Supply Services. Seattle may provide certain elective services (e.g. conservation, engineering) to Water Utility upon request by Water Utility. Such services shall be negotiated and contracted for separately between Water Utility and Seattle. 2. Transmission Wheeling. In consultation with the Operating Board, excess transmission capacity may be made available by Seattle for a fee for purposes of wheeling water between points within the Seattle Regional Water Supply System to Water Utility or to others. 3. Water Quality. So long as Seattle owns and operates a water quality lab, Water Utility may request the services of that lab based on its published rates. IV.G. Rate Adjustment 1. Rate Adjustment. Upon 120-days notice to Water Utility of its intent to do so, Seattle may adjust water service rates and FCs, if applicable,to Water Utility subject to the terms of this contract. Rate adjustments will be effected only within five years of the completion of a cost of service study to be conducted by Seattle, which shall include an analysis of the allocation of operation, maintenance and capital costs between cost pools. Such study shall be prepared in accordance with accepted industry standards. In addition, Seattle shall review the Operating Board's comments and recommendations on the rate PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 43 proposal and provide a written explanation of any recommendations that are not accepted. 2. Statement of Annual Costs for Block Payment. On or before December lst of each year, beginning December 1, 2011, Seattle will notify Water Utility of the costs allocated to Water Utility through the Renton New Supply Cost Pool for the next year. The annual cost will be the sum of the prospective cost estimate allocated to Water Utility through the Renton New Supply cost Pool plus or minus the amount of deficit or excess, respectively, indentified in the most recent cost audit for the Renton New Supply Cost Pool in accordance with Section IV.I.4. 3. Rate Consultant. An independent rate consultant shall be selected by Seattle in consultation with the Operating Board. Detailed information and progress reports from the consultant will be made to Water Utility during the course of the study upon drafting of each major study section directly affecting Water Utility and other Wholesale Customers. A final consultant report shall be made available to Water Utility not less than 30 days before Seattle formally transmits any resulting rate adjustment proposal to the Operating Board. IV.H. Retail Rate-Setting Each party to this contract shall have sole authority for establishing retail rates, connection charges and other fees and charges within its respective jurisdiction. IV.I. Truing Actual Costs and Actual Revenues A mechanism for reconciling revenue targets for the various cost pools and the actual revenues received during each year shall be implemented by Seattle as follows: PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 44 1. For each previously identified class of customers in each cost pool, except for the Renton New Supply Cost Pool, Seattle shall maintain a running balance of the excess or deficit of actual rate revenues collected less actual expenses incurred. Each balance under this section shall earn simple interest at the rate of Seattle's Average Cost of Debt. At the end of each year, each balance under this section shall be adjusted to reflect the operating results of that year. The statement of these balances shall be reviewed and approved by an external auditor. 2. FC balances shall be carried forward as set forth in Section IV.E.6. 3. Each wholesale rate study shall adjust rates to eliminate the cost pool balances. ERU fees shall be based on the costs of increments in supply and transmission capacity, and shall not be adjusted to reflect surpluses or deficits in FC revenues. 4. No later than August 1 of each year, Seattle shall provide Water Utility a statement of actual costs allocated to Water Utility through the Renton New Supply Cost Pool and other costs and revenues for that cost pool received during the prior year, which statement shall be audited by an external auditor. Water Utility may also have the statement audited by an external auditor of its choice, solely at its expense. This statement shall clearly identify the amount by which payments made by Water Utility during the prior year were in excess of, or insufficient to meet the actual costs allocable to Water Utility through the Renton New Supply Cost Pool for the prior year. This surplus or deficit shall earn interest at Seattle's Average Cost of Debt, and shall be included in the Statement of Annual Costs under Section IV.G.2. No later than December 31 of the year following termination of the contract, any remaining surplus or deficit balance shall be paid in cash by the party owing the balance to the other party. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 45 SECTION V. OPERATING BOARD 1. Purpose. The purpose of the Operating Board is to provide certain limited authority to a board of representatives over policy and operational matters as they affect the Seattle Regional Water Supply System. 2. Structure and Authority. The Operating Board shall have the powers and authority as set forth herein. Exhibit IV describes the structure and authority of the Operating Board. In the event of a conflict between provisions of this contract which grant specific powers to the Operating Board and Exhibit IV, such grants of specific powers shall control. 3. Review. The structure and authority of the Operating Board may be reviewed as of January 1, 2012 and every five years thereafter to determine its effectiveness in addressing regional and contractual issues. The review may address the composition of the Board and its powers and authority as set forth herein and in Exhibit IV, provided that notwithstanding any other term or provision of this contract, Seattle shall not have the power to disband the Operating Board nor take away or diminish the powers vested in the Operating Board as set forth in Sections II, III and IV of this contract. Either party may initiate the review. The reviewing party shall provide the other with its comments and proposals. The parties agree to consider the other party's comments and proposals and to respond in writing stating its reasons for rejecting any proposals and the reasons for its own counter-proposal. After consideration of all comments and proposals at each five year interval, Seattle may make changes in the structure and authority of the Operating Board that are not inconsistent with the provisions of this subsection. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 46 SECTION VI. PLANNING VI.A. Reporting of Planning Data 1. By no later than April 1 of each year, Water Utility shall report to Seattle and the Operating Board as follows: a. Its annual and peak day total system demand for each year, during the term of this contract, as of December 31St of the previous year. b. Its forecast of Full or Partial Water Requirements, as appropriate, for the year including estimates of annual water consumption and maximum 24-peak demand for the ensuing calendar year, and for the fifth, tenth, and fifteenth year in the future. Such forecasts shall reflect the best judgment of Water Utility. 2. Water Utility shall report other data relating to water supply and demand as may be reasonably requested by Seattle for water planning purposes. 3. Records relevant to water supply and consumption within the possession of Seattle or Water Utility shall be provided to the other upon reasonable request. VI.B. Submittal of Water Utility Water System Plans Water Utility shall provide a copy of its water system plan, including any amendments,to Seattle for review. VI.C. Seattle as Water Planning Agency Seattle shall be the lead agency and primary planning authority for the purposes of fulfilling its obligations to provide for the Full or Partial Water Requirements of Water Utility, as appropriate. Seattle, in consultation with the Operating Board, shall examine and investigate water supplies suitable and adequate to meet the present and reasonable future needs of Seattle and the Wholesale Customers. Seattle shall prepare and adopt a plan for acquiring such water supplies in PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 47 a timely fashion. The plan shall provide for the lands, waters, water rights and easements necessary therefor, and facilities for retaining, storing and delivering such waters, including dams, reservoirs, aqueducts and pipelines to convey same throughout the Seattle Regional Water Supply System. In preparing or adopting the plan, Seattle shall consider as possible alternatives or additional water supply sources, the acquisition of water from sources controlled or developed by individual water utilities, legally constituted groups of water utilities or utilities which are not presently supplied by the Seattle Regional Water Supply System. Seattle has final responsibility for the plan and for fulfilling the obligations of this contract. However,the Operating Board may participate in developing the plan by proposing goals and objectives for the Seattle Regional Water Supply System,by making any additional suggestions and by acting in a review capacity. VI.D. Comprehensive Capital Facilities Plan Before ordering any major improvements to fulfill the requirements of this contract, Seattle shall adopt and maintain a comprehensive capital facilities plan for the Seattle Regional Water Supply System, which provides for such improvements. Any capital facilities plan adopted by Seattle for the Seattle Regional Water Supply System shall comply with and implement the Rate-making and Cost Allocation Principles in Section IV.A of this contract. This plan shall identify any reasonable costs for capital improvements to alleviate a disproportionate adverse impact to the distribution system(s) of Water Utility, another Wholesale Customer represented on the Operating Board or Seattle, to the extent it is caused by a capital improvement in the capital facilities plan for the Seattle Regional Water Supply System. When such plan is updated or amended, it shall be reviewed by the Operating Board prior to submission to the Seattle City Council. The Operating Board shall respond within 60 days of receipt of the plan, or its approval shall be presumed to be given. The response submitted by the Operating Board regarding PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 48 facilities substantially affecting Water Utility and other Wholesale Customers shall be seriously considered by Seattle. Seattle shall reply to the Operating Board within 90 days with its comments. The Operating Board and Seattle shall use their best efforts to arrive at a mutually acceptable plan. VI.E. Emergency Planning An emergency plan shall be prepared and maintained by Seattle as part of its Water System Plan to provide for water supply in the event of drought or disaster. Such plan shall be prepared pursuant to the procedure outlined in Section VI.D. Water Utility shall use reasonable efforts to comply with the provisions of such plan, or alternatively, Water Utility may adopt its own emergency plan if it believes it is prudent to do SO. SECTION VII. PAYMENT VII.A. Collection of Money Due City Seattle shall bill Water Utility on a monthly basis for all charges due under this contract. For the annual cost allocated to Water Utility each year through the Renton New Supply Cost Pool, Seattle will bill Water Utility 1/12 of the annual cost each month. Water Utility shall pay such charges within 60 days of the billing date. VII.B. Penalties for Late Payment All late payments, and any refund of an amount in dispute that was paid under protest, shall accrue interest at I%per month. VII.C. Billing Disputes Water Utility may dispute the accuracy of any portion of charges billed by Seattle by notifying Seattle in writing within the 60-day payment period of the specific nature of the dispute and paying the undisputed portion of the charges. This provision is not intended to limit Water PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 49 Utility's right to dispute billing errors or charges that are not reasonably discoverable by Water Utility within the 60-day payment period. Seattle shall consider and decide any billing dispute in a reasonable and timely manner. Any billing disputes that remain after such consideration shall be reconciled pursuant to the dispute resolution procedures of this contract. SECTION VIII. CONTRACT AMENDMENTS Seattle shall notify Water Utility and all other holders of Full or Partial Requirements Contracts of any amendments to such contracts within 30 days of the execution of such amendment. Water Utility shall then have 90 days to decide whether to include such amendment in this contract by giving written notice to Seattle of its election to do so. Upon the issuance of such notice, Seattle shall issue the amendment to Water Utility and the amendment shall be final and binding upon both parties upon mutual execution. SECTION IX. DISPUTE RESOLUTION Dispute resolution shall proceed as follows: IX.A. Operating Board Review Any dispute regarding this contract that remains unresolved after good faith negotiations between Water Utility and Seattle shall be referred to the Operating Board for consideration and recommendation. Each party shall submit a written statement regarding the dispute to the Operating Board. I. If the dispute cannot be resolved in discussions with the Operating Board, then the Operating Board shall provide written recommendations to each party within 60 days of the above submittal setting forth its interpretation of the applicable facts and law. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 50 2. If either party rejects the written recommendation of the Operating Board, that party shall,within 10 days, notify the other party in writing of its reasons. IX.B. Seattle City Council Review The written statements of the parties, the recommendations of the Operating Board, if applicable, and the written reasons for either party's rejection of those recommendations shall then be submitted to the Seattle City Council for review. 1. Within 60 days of the submittal of the written materials, the Seattle City Council shall provide written recommendations to resolve the dispute. 2. If either party rejects the written recommendation of the Seattle City Council, that party shall, within 10 days,notify the other party in writing of its reasons. IX.C. Non-binding Mediation Within 10 days of receiving the written rejection of the Seattle City Council's recommendations by one or both parties, each party shall designate in writing not more than 5 candidates it proposes to act as a non-binding mediator. 1. If the parties cannot agree on one of the mediators from the combined list within 5 days, the Operating Board shall, within an additional 5 days, select one of the mediators from either list to serve as mediator. 2. Upon selection of the mediator, the parties shall use reasonable efforts to resolve the dispute within 30 days with the assistance of the mediator. IX.D. Resort to Litigation If mediation fails to resolve the dispute within 30 days of selection of the mediator, the parties may thereafter seek redress in court subject to Section X.H below. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 51 1w low IX.E. EFFICIENCY OF REVIEW In order to facilitate a more efficient review of disputes under this Section, the Parties agree to skip the step in Section IX.A above in order to avoid a redundant act. The Parties may also mutually agree to skip the step in Section IX.C, if it is in the best interests of the Parties in resolving the dispute. SECTION X. MISCELLANEOUS X.A. Notification Whenever written notice is required by this contract, that notice shall be given to the following representatives by actual delivery or by the United States mail (registered or certified with return receipt requested,) addressed to the respective party at the following addresses or a different address hereafter designated in writing by the party): SEATTLE: WATER UTILITY [CITY OF l: Director Administrator-Public Works Department Seattle Public Utilities City of Renton Seattle Municipal Tower Renton City Hall 700 Fifth Ave. , Suite 4900 1055 South Grady Way PO Box 34018 Renton,WA 98057 Seattle, WA 98124-4018 The date of giving such notice shall be deemed to be the postmarked date of mailing. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 52 r.rP X.B. Severability The purpose of this contract is to provide for long-term water supply planning and certainty for both Seattle and Water Utility through adoption of orderly plans calling for the expenditure of significant sums of money for regional water supply and transmission facilities. It is the intent of the parties that if any provision of this contract or its application is held by a court of competent jurisdiction to be illegal, invalid, or void, the validity of the remaining provisions of this contract or its application to other entities, or circumstances shall not be affected. The remaining provisions shall continue in full force and effect, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular invalid provision; provided, however, if the invalid provision or its application is found by a court of competent jurisdiction to be substantive and to render performance of the remaining provisions unworkable and non-feasible, is found to seriously affect the consideration and is inseparably connected to the remainder of the contract,the entire contract shall be null and void. X.C. Consent Whenever it is provided in this contract that the prior written consent or approval of either party is required as a condition precedent to any actions, in each such instance said consent or approval shall not be unreasonably withheld, and in each such instance where prior consent is sought, failure of the party to respond in writing within 90 days of the request shall be deemed as that party's consent or approval unless expressly stated herein. This provision does not apply to requests for amendments of this contract. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 53 X.D. Emergency Situations Nothing in this contract shall be deemed to preclude either party from taking necessary action to maintain or restore water supply in emergency situations and such action shall not be deemed a violation of this contract. X.E. No Joint Venture- Individual Liability This is not an agreement of joint venture or partnership, and no provision of this contract shall be construed so as to make Water Utility individually or collectively a partner or joint venturer with any other Wholesale Customer or with Seattle. Neither party is an agent of the other. Neither Seattle nor Water Utility shall be liable for the acts of the other in any representative capacity whatsoever. X.F. Complete Agreement This contract represents the entire agreement between the parties hereto concerning the subject matter hereof. This contract may not be amended except as provided herein. X.G. Relinquishment of Prior Contract Upon the Effective Date of this contract, Water Utility relinquishes its then existing 1982 Water Purveyor Contract with Seattle and the terms and conditions of that 1982 Water Purveyor Contract shall have no further force and effect. X.H.Venue,Jurisdiction and Specific Performance In the event of litigation between the parties, venue and jurisdiction shall lie with the King County Superior Court of the State of Washington. The parties shall be entitled to specific performance of the terms hereof. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 64 vw: err° X.I. Default In the event of default of any provision of the contract, the non-defaulting party shall issue written notice to the other party setting forth the nature of the default. If the default is for a monetary payment due hereunder, the defaulting party shall have thirty (30) days to cure the default. In the event of other defaults, the defaulting party shall use its best efforts to cure the default within ninety (90) days. If such default cannot be reasonably cured within such ninety (90) day period, the defaulting party shall, upon written request prior to the expiration of the ninety(90) day period be granted an additional sixty(60) days to cure the default. X.J. Force Majeur The time periods for the parties' performance under any provisions of this contract shall be extended for a reasonable period of time during which a party's performance is prevented, in good faith, due to fire, flood, earthquake, lockouts, strikes, embargoes, acts of God, war and civil disobedience. If this provision is invoked, the parties agree to immediately take all reasonable steps to alleviate, cure, minimize or avoid the cause preventing such performance, at their sole expense. X.K. Successors This contract shall inure to the benefit of and be binding upon the parties and their successors and assigns. X.L. Exhibits Exhibits I through XIII are attached hereto and are hereby incorporated by reference as if set forth in full herein. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 55 INTENTIONALLY BLANK PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 56 SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereby execute this contract. CITY OF RENTON: BY: �� r TITLE: Denis Law, Mayor �f��4NL1.0-�0- !.(JL2 / Attest: DATE // ' • • Bonnie I. Walton City Clerk AUTHORIZING LEGISLATION: ORDINANCE/RESOLUTION 4089 THE CITY OF SEATTLE: BY: �At(� Director, Seattle Public Utilities DATE: AUTHORIZING LEGISLATION: ORDINANCE No. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 57 LIST OF EXHIBITS I. Contract Sections II.B and III.B List II. Service Connections, Minimum Hydraulic Gradients, and Maximum Flow Rates of Water Supplied III. Demand Charge Methodology IV. Operating Board Structure V. Reserved VI. Calculation of ERUs as a Part of Facilities Charges VII. Seattle Supply Facilities VIII. Seattle Transmission Facilities IX. Cost Centers used for Operations Cost Indexes X. Water Utility Service Area XI. List of Renton Sub-region Transmission Facilities XII. Allocating Costs and Setting Rates for the Renton Sub-region XIII. Water Utility Independent Sources of Supply PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 59 INTENTIONALLY BLANK PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 60 +..► EXHIBIT I List of documents, commitments, adjustments, reductions, agreements, and/or written approvals by Seattle regarding the supply,purchase or resale of water according to Sections II.B. and III.B of this Contract: 1. Intertie Agreements: Entity/location Meter Capacity Type of Comment Size Service Coal Creek Utility District(2009) 8" 1,250 gpm Emergency To Coal Creek 2610 Lynwood Ave NE - PRV 53 One-way Utility District City of Tukwila(1995) 8" 1,250 gpm Emergency To/From 17300 W. Valle Hwy- PRV 23 2-way Tukwila City of Kent(1995) 10" 1,950 gpm Emergency To/From Kent 4208 Lind Ave SW 2-way Skyway Water District/12603 82" 12" 2,800 gpm Emergency To/From Ave S (2006) 2-way Skyway City of Seattle(2002) 8" 1,050 gpm Emergency To Seattle 2000 Kirkland Ave SE City of Seattle (2002) 10" 1,950 gpm Emergency To Seattle Union Ave SE& SE 2°d Pl. 2. Independent Well Sources: Existing Water Rights Permit Name of Maximum Maximum Certificate or Rightholder or Priority Date Source Name Primary or Instantaneous Annual Claim No. Claimant /No. Supplemental Flow Rate t Volume (Q) (Qa) gpm ac-ft/yr Infiltration G1-20605C City of Renton May 3,1973 Gallery(Springbrook Primary 1,050 1,680 Springs) GWC 886-D City of Renton Jan 1, 1944 RW-1 Primary 19040 1,676 GWC 5838- City of Renton Apr 14, RW-1 Primary 960 A 1966 GWC 5838- City of Renton Apr 14, RW-1 Supplemental 1,536 A 1966 GWC 887-D City of Renton Jan 1, 1944 RW-2 Primary 11040 838 GWC 5835- City of Renton Apr 14, RW-3 Primary 1,600 2,560 A 1966 GWC 5836- City of Renton Apr 14, RW-1,2,3 Primary 1,960 A 1966 GWC 5836- City of Renton Apr 14, RW-11 2,3 Supplemental 3,136 A 1966 PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 61 GWC 6775- City of Renton Apr 1, 1968 PW-8 Primary 3,000 3,622.5 A GWC 6775- City of Renton Apr 1, 1968 PW-8 Supplemental 1,216.5 A GWC 6776- City of Renton Jan 21,1969 PW-8 Primary 500 800 A G1-24191C City of Renton Oct 18, 1982 PW-9 Primary 1,300 1,040 GWC 3591- City of Renton Feb 18, PW-5A Primary 1,300 2,000 A 1953 GWC 5834- City of Renton Apr 14,1966 PW-5A Primary 200 320 A SWC 463 City of Renton May 17, Springbrook 1930 Creek Primary 1,032.3 GWC 884-D City of Renton Nov 1, 1942 Well 4 Primary 170 G1-24783-P City of Renton Jan 2, 1986 PW-10 Supplemental 1,600 1,792 G1-24781-P City of Renton Jan 2, 1986 PW-11 Supplemental 1,600 1,792 G1-25396-P City of Renton Feb 23, PW_11 Supplemental 900 1,008 1989 G1-24782-P City of Renton Jan 2, 1986 PW-12 Supplemental 1,600 1,792 G1-25397-P City of Renton Feb 23 1989, PW-17 I Supplemental 1,500 1,680 TOTAL 15,152.3 14,809.5 3. Water Supply Contracts To Other Water Utilities: CAG-93-097 - Agreement with Bryn Mawr/Lakeridge Water and Sewer District, now known as Skyway Water& Sewer District for Water Supply and Joint Storage and Transmission facilities. This agreement dated January 1, 1993, is for the financing and cost-sharing between the City and the District for the design, construction, operation, maintenance and joint-use of the City's West Hill 1.3 MG reservoir and transmission mains. The agreement also provides for the wholesale of water from the City to the District. The City supplied the District an average of 0.15 MGD over the past six years through a single 10-inch metered connection. The agreement was effective on January 1993 and shall remain effective until it is terminated by agreement of the parties. CAG-02-123 — Agreement for the sale of water in an emergency by the City of Renton to the City of Seattle, dated November 30, 2002. CAG-95-034 —Agreement for the sale of water in an emergency by the City of Renton and the City of Tukwila, dated March 21, 1995. CAG-95-071 — Agreement for the sale of water in an emergency by the City of Renton and the City of Kent, dated May 15, 1995. 2011 Agreement for the sale of water in an emergency by the City of Renton and Skyway Water & Sewer District. The agreement is anticipated to be executed by both parties before December 2011. The emergency intertie was constructed in 2006 and is currently operational. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 62 2011 Agreement for the sale of water in an emergency by the City of Renton and Coal Creek Utility District. The agreement is anticipated to be executed by both parties before December 2011. The emergency intertie was constructed in 2009 and is currently operational. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 63 F a x x a as GQ as as N C b 0 3 Wn kn o 0 0 0 o o w A � z ° w N z < w ° F G4 0 0 on wwa � U U V ° U V V U U � � wa N o a Coll) F M ° ° �o 00 00 4.. cc 4r a Zo cc U � V zza cd W � a O O O O o o M M M 0 0 > OZ aviz � •� � � v U O z W a o " = z M M M M ,�- 00 M M .y 5 p EA z uz3 o f� O fY < 9 d � V) Con � o ° a — � o 0 r.0 N't CN� o oo . ti w O 3 3 3 3 p 3 30 Y ° ° ° z M d d c f I a U U v) U U U d U v4 U EXHIBIT III DEMAND CHARGE METHODOLOGY The policy of Seattle Public Utilities is to supply water to its Wholesale Customers at, as near as is practical, the twenty-four hour average flow rate, during the peak demand season (June through August). To comply, the Wholesale Customers have to construct adequate storage volume within their individual systems, or sometimes collectively, so as to avoid excessive peak flow withdrawals from the Seattle Transmission Facilities. The Demand Metering Program is established to set performance standards, and to monitor the Wholesale Customer's compliance with this policy. If an individual Water Utility exceeds the prescribed threshold, a "demand charge" is calculated. Except where other agreements supersede the provisions of this contract, each Water Utility shall be subject to a demand charge based on effective deficient storage, as determined by the peak instantaneous flow rate, and the equivalent financing costs to provide storage. The demand charge rate (i.e., dollars per 1000 gallons of deficient storage) shall be based on the equivalent cost of providing the deficient storage. This rate will be determined as part of each rate study. The Demand Metering Program is charged with implementation of the "demand charge" methodology. It shall be the responsibility of Seattle, in consultation with the Operating Board, to determine the appropriate means to achieve the program's purpose. The options that may be considered range from temporary suspension on a year by year basis to full activation, as described below. There shall be no requirement for Seattle to install demand-metering equipment at each Service Connection in order to assess a demand charge. Seattle may choose to apply"demand metering" selectively to certain parts of the Seattle Transmission Facilities that are designated as "critical" from the standpoint of hydraulic capacity or other operational considerations. Seattle may choose to apply"demand metering" intermittently in various parts of the Seattle Transmission Facilities for the purpose of monitoring for compliance by individual Wholesale Customers or groups of Wholesale Customers on a given line segment. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 67 EXHIBIT IV OPERATING BOARD STRUCTURE 1. Structure. The Operating Board(or"Board") shall be structured as follows: a. The Board shall consist of seven (7) members, composed of three members representing Seattle Public Utilities (SPU), three members representing Seattle's Wholesale Customers selected as described below and one independent party selected as set forth below to be a tie-breaker as needed. Board members shall, to the best of their ability, act in the best interests of the Seattle Regional Water Supply System as a whole and shall not represent the interest of a group of utilities or an individual utility. b. The term of each Board position shall commence on January 1 and shall be for four (4) years. Terms of each Board position shall be staggered such that no more than two positions are renewed in any single year. Board members may serve not more than three successive terms. c. Three Board members representing the Wholesale Customers will be selected from the holders of Full and Partial Requirements Contracts . Wholesale Customers will be sorted into three categories based on utility size. The selected categories will be small, medium and large utilities, which will be made up from approximately equal numbers of holders of Full and Partial Requirements Contracts. Each category of utility may elect, by majority vote (one vote per utility) its representative to the Operating Board. The Board will be recomposed on January 1, 2012 and every 5 years thereafter. d. The seventh member of the Board shall be a person having expertise in the operations of regional water supply systems. Such person shall be selected by majority vote of the other Board members. In the event of a deadlock in selecting the independent representative, the independent Board member shall be selected by Judicial Arbitration and Mediation Services Inc., of Seattle, Washington or its successor. The seventh member shall not vote on issues coming before the Board unless there is a deadlock in the voting among the other six Board members. The seventh member may nevertheless express his or her opinions in Operating Board discussions. Such member shall have no employment, financial or contractual relationship with Seattle nor any Wholesale Customer or any other actual or apparent conflict of interest in holding this position. 2. Voting. Except as otherwise provided above, each member of the Board shall have one vote on all matters coming before the Board. Each Board member may appoint an alternate to vote in his or her absence. A quorum of four (4) Board members present shall be required for any vote. Members of the Board may not grant proxies for any vote. 3. Chairperson. The Board shall have a Chairperson who will be selected and have duties as defined below: a. The Chairperson shall be selected at the first regularly scheduled meeting of each new year. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 68 b. All Chairpersons shall be selected by the Board using a nomination and voting process. c. Nomination for the position of Chairperson shall be taken from Board members. The Chairperson shall be selected based upon the simple majority vote of Board members. Should the Board fail to elect a Chairperson at the first regularly scheduled meeting of the new year, a designated representative from SPU shall be the Acting Chairperson until such time as the Board elects a Chairperson. d. The Chairperson shall have the responsibility to call meetings, determine the agenda and preside over meetings. In the absence of the Chairperson, for whatever reason, a designated representative from SPU shall be the Acting Chairperson for that meeting. The Chairperson shall also act as the spokesperson for the Board and liaison between the Administrator and the Seattle City Council's Committee on Seattle Public Utilities&Neighborhoods or successor committees. 4. Schedule/Procedures. The Board shall adopt a regular meeting schedule and notify all Wholesale Customers of the schedule. The Operating Board may adopt it own internal procedures. The latest edition of Roberts Rules of Order shall, in the absence of agreement by the Operating Board on procedural matters, govern all meetings and votes of the Operating Board. 5. Reporting. The Board will provide reports to the Wholesale Customers and to the Seattle City Council Committee on Seattle Public Utilities&Neighborhoods, or successor City Council committee, on its decisions and recommendations in a timely manner. 6. Responsibilities and Authority of the Board. Where no clear responsibility or authority on an issue is established in this contract the responsibility and authority shall rest with the Seattle City Council. 7. Expenses. The Board shall be authorized to incur reasonable expenses which will be allocated by the Board to either or both of the New Transmission or Supply Cost Pools. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 69 A a w H as x w ti a F dU 04 F z 0 U F z w w a c aF �a � a � o a �" H 0. U N ti OL e� a F U F z 0 U W �W a 0 Wd F., oG a � o a �" H od. U EXHIBIT VI Calculation of ERUs as a Part of Facilities Charges The ERU Fee is: • the flat debt service payment required to finance the facility providing the ERU over the lesser of(i) the facility life or (ii) the period over which new demand will fully utilize the facility's supply - divided by - • the number of new ERUs of demand expected in each year. Seattle's Average Cost of Debt shall be used as the interest rate in this calculation. In the event that several New Supply Resources are added simultaneously, the facilities may be considered together as providing a total new supply capacity for a total construction cost. Example: A new facility costing $100 million is built with a capacity of 100,000 ERUs. Growth of 5,000 ERUs per year is expected over the next 20 years, so the facility is projected to be supplying its full capacity in 20 years. Were this facility financed over 20 years at 6% interest, the flat annual debt service payment would be $8.7 million. Each ERU would cost 0.02%of this annual amount, or about $1,740. At the time a New Supply Resources is added, the ERU price for this supply shall be calculated. This ERU price shall then be averaged with the then-current ERU Fee. This average shall be weighted by the number of unpurchased ERUs available at the then-current ERU fee and the number of new ERUs being added at the new ERU price. This weighted average shall be the new ERU Fee, and the number of ERUs available at the fee shall be the sum of the unsold ERUs at the previous fee and the ERU capacity of the new facility. Example: 10 years ago, a $100 million facility was constructed that can supply 100,000 ERUs. Growth and demand projections have proven accurate, and now 50,000 ERUs have been purchased, each for $1,740. The facility also has an additional 50,000 ERUs still available at the same price. This year, we construct a facility worth $70 million, with a capacity of 40,000 ERUs. Based on demand projections, this facility (on its own) would be fully utilized in 10 years, and its ERU price is therefore $2,375. The average price of any of the 90,000 available ERUs is therefore $2,022. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 73 EXHIBIT VI ERUs by Connection Size Connection Size Number of ERUs 3/4" and smaller 1 1" 2 1 1/2" 5 2" 8 3" 22 497 31 6" 66 8" 112 10" 169 12'° 238 ERU Proving Methodology The size of the water service connection used to serve an establishment depends upon both the total demand of that establishment and the instantaneous flow required by that establishment. For this reason, connection size is only a general indicator of the annual demand placed on water supplies by the establishment. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 74 EXHIBIT VII Seattle Supply Facilities 1. Cedar Source • All roads, buildings, structures, water supply facilities, recreational and educational facilities, and fisheries enhancement and mitigation facilities located within or close to the Cedar River Hydrographic Watershed boundary as defined by Seattle land ownership, including the land itself, and any capitalized studies related to the above. Excepted are facilities solely owned by Seattle City Light for the purpose of power generation. Facilities shared by Seattle City Light and Seattle Public Utilities shall be part of the Seattle Regional Water Supply System only to the extent of SPU share or responsibility. • All facilities located within the Lake Youngs Reservation as defined by Seattle ownership of the land except for conveyance facilities used to transport finished water during non- emergency operation • All facilities located within the Lake Youngs Aqueduct, the Landsburg Tunnel, and the Lake Youngs Supply Lines right-of-way, including the right-of-way itself • Existing Morse Lake Floating Pump Stations 2. Tolt Source • All roads, buildings, structures, water supply facilities, recreational and educational facilities, and fisheries enhancement and mitigation facilities located within or close to the South Fork Tolt River Hydrographic Watershed boundary as defined by Seattle land ownership, including the land itself, and any capitalized studies related to the above. Excepted are facilities solely owned by Seattle City Light for the purpose of power generation. Facilities shared by Seattle City Light and Seattle Public Utilities shall be part of the Seattle Regional Water Supply System only to the extent of SPU share or responsibility. • Tolt Treatment Facility 3. Seattle Wellfields • Riverton Wells, including all pumping and treatment equipment, original yard piping, to the connection to CRPL4, and the low flow piping to Riverton Reservoir • Boulevard Well, including all pumping and treatment equipment, and all piping up to the connection to CRPL4 4. Other • One Percent Conservation Program through December 31, 2001 • GIS Projects related to facilities identified herein as part of the Seattle Regional Water Supply System PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 76 EXHIBIT VIII Seattle Transmission Facilities 1. Pipelines • Tolt Pipeline No. 1 from the Tolt Regulating Basin to Lake Forest Reservoir, including any transfer and ancillary small diameter parallel pipes • Tolt Pipeline No. 2 (where constructed), including any transfer and ancillary small diameter parallel pipes • Tolt Tieline • Tolt Eastside Supply Line (from TESS Junction to the intersection of SE 16th ST and 145th Place SE) • Tolt Eastside Line Extension (from the intersection of SE 161h ST and 145th Place SE to Eastside Reservoir) • The 540 head Pipeline from Maple Leaf Reservoir to Lake Forest Reservoir • Lake Youngs Bypass No. 4 from the outlet of each of the Cedar Treatment Facility clearwells to Control Works • Lake Youngs Bypass No. 5 from the outlet of each of the Cedar Treatment Facility clearwells to the Lake Youngs Tunnel • The Lake Youngs Tunnel (from the original lake outlet to Control Works) • The Maple Leaf Pipeline (from the intersection of 18th Avenue E. and E. Prospect Street to Maple Leaf Reservoir) • Cedar River Pipeline No. 1 from Control Works to Volunteer Reservoir • Cedar River Pipeline No. 2 from Control Works to Lincoln Reservoir • Cedar River Pipeline No. 3 from Control Works to the intersection of 18th Avenue E. and E. Prospect Street • 30"intertie between Cedar River Pipelines 2 and 3 in east Olive Street • Cedar River Pipeline No. 4 from Control Works to the West Seattle Pipeline • Cedar Eastside Supply Line (from the Cedar Wye to the intersection of SE 16th St and 145th Place SE) • West Seattle Pipeline from Augusta Gatehouse to Cedar River Pipeline 4 • The 8th Avenue S. Pipeline between S. 146th Street and S. 160th Street • The Bow Lake Pipeline (between 8th Avenue S. and CRPL 4, and as relocated outside runways at Seatac Airport) • The Burien Feeder(in S. 146th Street between 8th Avenue S. and CRPL 4) • The Fairwood Line (between Fairwood Pump Station and Soos Reservoirs) • The 24-inch discharge pipeline of Lake Youngs Pump Station up to Soos Reservoirs • The 12-inch discharge pipeline of Lake Youngs Pump Station up to Soos Reservoirs • The 630 head pipeline between Lake Youngs Pump Station and the Cedar River WSD pump station at the eastern boundary of the Lake Youngs Reservation PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 76 x *Noe 2. Reservoirs, Tanks, and Standpipes, including overflow pipes, all valves, appurtenances, and disinfection facility located on the premises of each storage facility, unless otherwise noted • Lake Forest Reservoir • Eastside Reservoir • Riverton Reservoir • Maple Leaf Reservoir (excluding Roosevelt Way Pump Station and its suction and discharge piping, Maple Leaf Tank and 520 zone piping, except where solely serving the disinfection facility) • Soos Reservoirs 3. Pump Stations, Major Valve Structures, and other Facilities • Eastgate Pump Station • TESS Junction Pump Station • Lake Hills Pump Station • Maplewood Pump Station • Maple Leaf Pump Station • Bothell Way Pump Station • Fairwood Pump Station • Lake Youngs Pump Station • The Control Works • Augusta Gatehouse 4. Service Connections to Wholesale Customers installed before January 1, 2002 are part of the Seattle Transmission Facilities. Service Connections to Wholesale Customers installed after December 31, 2001 shall not be part of the Seattle Transmission Facilities. The Seattle Transmission Facilities include all necessary and convenient appurtenances, including, but not limited to, rights of way, line valves, system meters, and remote automation devices. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 77 EXHIBIT IX(as amended) Cost Centers Used for Operations Cost Indices The following costs centers or successor cost centers, as reflected in the amended Exhibit IX, and as amended further from time to time, that capture the direct costs of operation of Existing Supply Facilities, Seattle Transmission Facilities and the Regional Water Conservation Program shall be used as the indices for operations cost in the Existing Supply Cost Pool, Existing Transmission Cost Pool and for the Regional Water Conservation Program in the New Supply Cost Pool. Supply Program Project Project Name Activity Communications N1203 Communications Activity Group N120304 Purveyor Relations Audit&Accounting N3303 Customer Audit N330303 Purveyor Audit Watershed Management N5401 Program Management N540194 Department Support Watershed Management N5401 Program Management N540195 General Expense Watershed Management N5401 Program Management N540196 General Management Watershed Management N5401 Program Management N540197 Training Watershed Management N5401 Program Management N540198 Safety Watershed Management N5401 Program Management N540199 Personnel Watershed Management N5401 Program Management N540289 Capital Purchase Watershed Management N5403 Support Services N540301 Modified Duty Watershed Management N5403 Support Services N540302 Procuring/Paying/Receiving Watershed Management N5403 Support Services N540303 Vehicle Equipment Downtime Watershed Management N5404 Watershed Protection N540401 Hydrological Data Collection Watershed Management N5404 Watershed Protection N540402 Fire Protection Watershed Management N5404 Watershed Protection N540403 Inspection Watershed Management N5404 Watershed Protection N540404 Boundaries Watershed Management N5405 Facility Management N540501 WS Grounds Watershed Management N5405 Facility Management N540502 WS Buildings Watershed Management N5405 Facility Management N540503 WS Facilities&Roads Watershed Management N5406 Watershed Road Maintenance N540601 Grade/Gravel/Ditching Watershed Management N5406 Watershed Road Maintenance N540602 Bridges/Streams Culvert Watershed Management N5406 Watershed Road Maintenance N540603 Roads/Row/Vegetation Cutting Watershed Management N5406 Watershed Road Maintenance N540604 Tolt Roads&Streams Watershed Management N5407 Watershed Operations Support N540701 Veh/Equipment Management Watershed Management N5407 Watershed Operations Support N540702 Veh/Equip/Tool Repair Watershed Management N5408 Water Quality&Hydrology N540801 Water Quality Monitoring Watershed Management N5408 Water Quality&Hydrology N540802 Hydrological Monitoring Watershed Management N5409 Public/Cultural Programs N540901 Recreation Planning Watershed Management N5409 Public/Cultural Programs N540902 Management&Research Watershed Management N5409 Public/Cultural Programs N540903 Watershed Education Watershed Management N5409 Public/Cultural Programs N540904 Watershed Public Information Watershed Management N5410 Wildlife&Fisheries Programs N541001 Program Planning&Evaluation Watershed Management N5410 Wildlife&Fisheries Programs N541002 Interagency/Public Involvement Watershed Management N5410 Wildlife&Fisheries Programs N541003 Ecological Monitoring&Research Watershed Management N5410 Wildlife&Fisheries Programs N541004 Habitat&Species Inventory Watershed Management N5410 Wildlife&Fisheries Programs N541005 Habitat Enhancement/Restoration Watershed Management N5411 Resource Information Mgmt N541101 Program Plan/Evaluation Watershed Management N5411 Resource Information Mgmt N541102 Information Maintenance PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 78 W Watershed Management N5411 Resource Information Mgmt N541103 Information Services Program Project Project Name Activity Watershed Management N5412 Special Projects N541202 Silviculture Watershed Management N5412 Special Projects N541205 Land Exchanges/Acquisitions Watershed Management N5415 Cedar HCP N541501 ASSESS OF EXPAND FOREST STAND Watershed Management N5415 Cedar HCP N541502 ASSESS EXPAND FOREST ATTRIBUTE Watershed Management N5415 Cedar HCP N541503 AUGMENT FOREST HABITAT INV Watershed Management N5415 Cedar HCP N541504 LONG-TERM FOREST HABITAT Watershed Management N5415 Cedar HCP N541505 OLD-GROWTH CLASSIFICATION Watershed Management N5415 Cedar HCP N541506 RIPARIAN RESTOR PROJECT MONIT Watershed Management N5415 Cedar HCP N541507 UPOLAND FOREST RESTOR PROJ MONT Watershed Management N5415 Cedar HCP N541515 GIS DATA COMPATIBILITY STUDY Watershed Management N5415 Cedar HCP N541516 FOREST HABITAT MODELING Watershed Management N5415 Cedar HCP N541517 SPECIE HABITAT RELATION MODEL Watershed Management N5416 Cedar HCP N541601 CRHCP GIS SUPPORT Watershed Management N5416 Cedar HCP N541603 CRHCP TECHNICAL SUPPORT Watershed Management N5417 Cedar HCP N541701 ROAD MAINTENANCE Watershed Management N5418 Cedar HCP N541801 EXPERIMENTAL STREAM MONITORING Watershed Management, N5418 Cedar HCP N541802 LONG-TERM STREAM MONITORING Watershed Management N5418 Cedar HCP N541803 AQUATIC RESTORATION MONITORING Watershed Management N5418 Cedar HCP N541804 BULL TROUT SURVEYS(ADULT) Watershed Management N5418 Cedar HCP N541805 BULL TROUT SPAWNING SURVEY Watershed Management N5418 Cedar HCP N541806 BULL TROUT FRY/JUVENILE SURVEY Watershed Management N5418 Cedar HCP Riparian Zone Studies Watershed Management N5418 Cedar HCP N541809 BULL TROUT STREAM DISTRIBUTION Watershed Management N5418 Cedar HCP N541810 BULL TROUT REDD INUNDATION STU Watershed Management N5418 Cedar HCP N541811 COMMON LOON MONITORING Water Quality&Supply N5503 Water System Operations N550301 Water Management Water Quality&Supply N5503 Water System Operations N550302 Water System Control Water Quality&Supply N5503 Water System Operations N550303 Anadromous Fishery Mgmt Water Quality&Supply N5503 Water System Operations N550304 SCADA Management Water Quality&Supply N5503 Water System Operations N550305 Highline Well Field Water Quality&Supply N5503 Water System Operations N550306 Morse Lake PS Water Quality&Supply N5503 Water System Operations N550307-SAFETY PROCESS MGMT COMPLIANCE Water Quality&Supply N5503 Water System Operations N550308-EPA RISK MGMT COMPLIANCE Water Quality&Supply N5504 Water System Analysis N550401 Eng Analysis/Modeling Water Quality&Supply N5504 Water System Analysis N550402 Water Rights Mgmt Water Quality&Supply N5504 Water System Analysis N550403 DEMAND METERING Water Quality&Supply N5505 Surface Water Trtmnt Rule N550501 Monitoring,Reporting&Admin Water Quality&Supply N5505 Surface Water Trtmnt Rule N550502 Cholrination Facilities O&M Water Quality&Supply N5505 Surface Water Trtmnt Rule N550503 Watershed Management Water Quality&Supply N5506 Total Coliform Rule Compl. N550601 Monitoring,Reporting&Admin Water Quality&Supply N5508 Lead&Copper Rule Compl. N550801 Monitoring,Reporting&Admin Water Quality&Supply N5508 Lead&Copper Rule Compl. N550802 Corrosion Trtmnt Facil O&M Water Quality&Supply N5509 Fluoridation Program N550901 Fluoridation Program O&M Water Quality&Supply N5510 Other Reg Comp/Monitoring N551001 Otr Reg/Operational Analysis Water Quality&Supply N5510 Other Reg Comp/Monitoring N551002 Disinfection By-Product Rule Water Quality&Supply N5510 Other Reg Comp/Monitoring N551003 Limnology Water Quality&Supply N5510 Other Reg Comp/Monitoring N551005 WQ Lab Water Quality&Supply N5510 Other Reg Comp/Monitoring N551006 DW Reg Dev&App Research Water Quality&Supply N5510 Other Reg Comp/Monitoring N551007 Public Information/Notification Water Quality&Supply N5511 Special Projects N551104 LIMS&QA/QC Program Project Project Name Activi PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 79 %w Water Quality&Supply N5512 Cedar HCP N551201 INTERIM CHINOOK COHO Water Quality&Supply N5513 Cedar HCP N551301 HCP STREAMFLOW GAUGING Water Quality&Supply N5513 Cedar HCP N551302 SWITCHING CRITERIA STUDY Water Quality&Supply N5513 Cedar HCP N551303 STEELHEAD REDD MONITORING Water Quality&Supply N5513 Cedar HCP N551304 CHINOOK STUDIES Water Quality&Supply N5513 Cedar HCP Salmonid Studies Water Quality&Supply N5514 WQ Monitoring N551403 DRINKING WATER QUALITY MONITOR Water Quality&Supply N5515 HCP Fisheries N551501 FRY CONDITION AT RELEASE Water Quality&Supply N5515 HCP Fisheries N551502 FRY MARKING&EVALUATION Water Quality&Supply N5515 HCP Fisheries N551503 FRY TRAPPING&COUNTING Water Quality&Supply N5515 HCP Fisheries N551504 FISH HEALTH Water Quality&Supply N5515 HCP Fisheries N551505 SHORT-TERM FRY REARING Water Quality&Supply N5515 HCP Fisheries N551506 LAKE WASHINGTON PLANKTON STUDY Water Quality&Supply N5515 HCP Fisheries N551508 ADULT SURVIVAL DISTRIBUTION Water Quality&Supply N5515 HCP Fisheries N551509 PHENOTYPIC&GENETIC STUDY Water Quality&Supply N5516 Tolt DBO N551601-CONTRACTOR PAYMENTS Water Quality&Supply N5516 Tolt DBO N551603-MANAGEMENT COSTS Resource Planning N5609 Water Resource&Habitat Issues N560903-ESA PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 80 NAW, N"001 Transmission Program Project Project Name Activity Water Operation N6540 WT-Headwork/Storage N654001 Program Maintenance Water Operation N6540 WT-Headwork/Storage N654002 Event Driven Repairs Water Operation N6541 WT-Transmission Pipeline Maint N654101 Program Maintenance Water Operation N6541 WT-Transmission Pipeline Maint N654102 Event Driven Repairs Water Operation N6542 WT-Value Op/Maint-Water Tran N654201 Program Maintenance Water Operation N6542 WT-Value Op/Maint-Water Tran N654202 Event Driven Repairs Water Operation N6543 WT-Grounds/Roads/ROW N654301 Grade/gravel roads-P Water Operation N6543 WT-Grounds/Roads/ROW N654302 Grade/gravel roads-E Water Operation N6543 WT-Grounds/Roads/ROW N654303 Bridges/culverts-P Water Operation N6543 WT-Grounds/Roads/ROW N654304 Bridges/culverts-E Water Operation N6543 WT-Grounds/Roads/ROW N654305 Fences/gates-P Water Operation N6543 WT-Grounds/Roads/ROW N654306 Fences/gates-E Water Operation N6543 WT-Grounds/Roads/ROW N654307 Mow ROW-P Water Operation N6543 WT-Grounds/Roads/ROW N654308 Mow ROW-E Water Operation N6543 WT-Grounds/Roads/ROW N654309 Mow Other Water Operation N6544 WT-Facility Maintenance N654401 Program Maintenance Water Operation N6544 WT-Facility Maintenance N654402 Event Driven Repairs Water Operation N6545 WT-Castings N654501 Casting Adjustments Water Operation N6546 WT-Customer Services N654601 Communications/Dispatch Water Operation N6546 WT-Customer Services N654602 Locating/Marking Water Operation N6547 WT-Damage by Others N654701 PAL/ROW/Facility Water Operation N6548 WT-Transmission Shops N654801 Shops/Fabrication Water Operation N6549 WT-General Expenses N654905 Tools/small equipment Water Operation N6549 WT-General Expenses N654906 Standy Water Operation N6549 WT-General Expenses N654907 Truck Inventory Water Operation N6549 WT-General Expenses N654908 Downtime-Job Related Water Operation N6549 WT-General Expenses N654909-DISASTER-EMERG RESPONSE Reeional Water Conservation Program Program Project Project Name Activity Community Services N5303 Resource Conservation N530301 1%Conservation PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 81 Cost Centers Used for Operations Cost Indices amended 12/31/2009 Existing Supply Program Project Project Name Activity Description SPU General Expense N0108 Emergency Response NN90036 4/23/09 Tolt Tnnt Plant Emrgcy SPU General Expense N0503 Water Fund Contracts N050302 Tolt DBO Contract Payments SPU General Expense N0503 Water Fund Contracts N050303 Cedar DBO Contract Payments Branch Administration N3106 Water Wholesale Contracts N310601 Wholesale Water Contracts Mgmt Customer Billing Services N3303 Customer Audit N330303 Purveyor Cedar&Tolt Watershed Srvcs N5401 Program Management N540198 Safety Drainage&Wastewater N6210 Landsburg Mgmt&HCP Support N621001 Oprtn of Passage Facility-HCP Drainage&Wastewater N6210 Landsburg Mgmt&HCP Support N621002 Interim Hatchery Ops-HCP Water Operation N6510 Misc Water Operations N651004 Alternative Duty Water Operation N6540 Headwork/Storage N654003 (Cedar)Chlorination Facility O&M Water Operation N6540 Headwork/Storage N654004 Fluoridation Program O&M Water Operation N6540 Headwork/Storage N654005 RMP/PSM Compliance Water Operation N6573 In-Town Reservoir Treatment N657304 Highline Well F(Location Code) Asset Data Systems N6903 SCADA Development&Support N690301 SCADA SYSTEM PLANNING Asset Data Systems N6903 SCADA Development&Support N690302 SCADA INFRASTRUCTURE O&M Asset Data Systems N6903 SCADA Development&Support N690303 DAM SAFETY SCADA Surface Water LOB N7311 Landsburg Mtgtn&HCP Support N731101 Fry Condition @ Release-HCP Surface Water LOB N7311 Landsburg Mtgtn&HCP Support N731102 Fry Marking&Evaluation-HCP Surface Water LOB N7311 Landsburg Mtgtn&HCP Support N731103 Fry Tapping&Counting-HCP Surface Water LOB N7311 Landsburg Mtgtn&HCP Support N731104 Fish Health—HCP Surface Water LOB N7311 Landsburg Mtgtn&HCP Support N731105 Adult Survival Distribution-HCP Surface Water LOB N7311 Landsburg Mtgtn&HCP Support N731106 Pheno&Gen Study-HCP Surface Water LOB N7311 Landsburg Mtgtn&HCP Support N731107 Zoopinktn Stds(Spmg)-HCP Surface Water LOB N7311 Landsburg Mtgtn&HCP Support N731108 HCP Support Surface Water LOB N7311 Landsburg Mtgtn&HCP Support N731109 Operation of Passage Facility-HCP Surface Water LOB N7311 Landsburg Mtgtn&HCP Support N731110 Landsburg Fish Ladder-HCP Surface Water LOB N7311 Landsburg Mtgtn&HCP Support N731111 DW Quality Monitoring-HCP Surface Water LOB N7311 Landsburg Mtgtn&HCP Support N731112 Interim Hatchery Ops-HCP Surface Water LOB N7311 Landsburg Mtgtn&HCP Support N731113 Adaptive Mgmt-Sockeye Hatch Drinking Water LOB N7503 Water LOB Planning&Perf N750303 Network Hydraulic Model Dev Drinking Water LOB N7504 Water Resource Business N750403 Hydrology Model Dev&Maintenance Drinking Water LOB N7504 Water Resource Business N750404 Water Resource Operation Mgmt Drinking Water LOB N7504 Water Resource Business N750406 Morse Lake Pump Plant Drinking Water LOB N7504 Water Resource Business N750407 Anadromous Fishery Mgmt Drinking Water LOB N7504 Water Resource Business NN90053 Tolt Spillway Leak Repair Drinking Water LOB N7505 HCP Instream Flow Monitor&Res N750501 Existing Stream Gage At Cedar F Drinking Water LOB N7505 HCP Instream Flow Monitor&Res N750502 Exist.Stream Gage Below Landsburg Drinking Water LOB N7505 HCP Instream Flow Monitor&Res N750503 New Stream Gag Above Powerhouse Drinking Water LOB N7505 HCP Instream Flow Monitor&Res N750504 New Gage At Renton Drinking Water LOB N7505 HCP Instream Flow Monitor&Res N750505 Temporary Gages In Lower River Drinking Water LOB N7505 HCP Instream Flow Monitor&Res N750506 Accretion Flow Study Drinking Water LOB N7505 HCP Instream Flow Monitor&Res N750507 Switching Criteria Study Drinking Water LOB N7505 HCP Instream Flow Monitor&Res N750509 Instream Flow Commission Drinking Water LOB N7505 HCP Instream Flow Monitor&Res N750511 Dead Strg Bull Trout Dlta Mdln Drinking Water LOB N7505 HCP Instream Flow Monitor&Res N750512 Steelhead Redd Monitoring Drinking Water LOB N7507 Water Quality&Treatment Business Area N750705 Tolt Management Costs Drinking Water LOB N7507 Water Quality&Treatment Business Area N750707 Cedar DBO Management Costs Drinking Water LOB N7509 Operations Plan&System Control N750802 Water System Monitor&Control Drinking Water LOB N7511 Landsburg Mitigation.&HCP Support N751101 Fry Condition @ Release-HCP PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 82 'Now *NOV Drinking Water LOB N7511 Landsburg Mitigation.&HCP Support N751102 Fry Marking&Evaluation-HCP Drinking Water LOB N7511 Landsburg Mitigation.&HCP Support N751103 Fry Trapping&Counting-HCP Drinking Water LOB N7511 Landsburg Mitigation.&HCP Support N751104 Fish Health—HCP Drinking Water LOB N7511 Landsburg Mitigation.&HCP Support N751105 Adult Survival Distribution-HCP Drinking Water LOB N7511 Landsburg Mitigation.&HCP Support N751106 Pheno&Gen Study—HCP Drinking Water LOB N7511 Landsburg Mitigation.&HCP Support N751107 Zoopinktn Stds(Spmg)-HCP Drinking Water LOB N7511 Landsburg Mitigation.&HCP Support N751108 HCP Support Drinking Water LOB N7511 Landsburg Mitigation.&HCP Support N751109 Operation of Passage Facility-HCP Drinking Water LOB N7511 Landsburg Mitigation.&HCP Support N751110 Landsburg Fish Ladder-HCP Drinking Water LOB N7511 Landsburg Mitigation.&HCP Support N751112 Interim Hatchery Ops-HCP Tech systems N7705 SCADA Development&Support N770501 SCADA System Planning Tech systems N7705 SCADA Development&Support N770502 SCADA Infrastructure O&M Watershed Management N7801 Program Management N780196 General Management Watershed Management N7803 Support Services N780301 Procuring/Paying/Receiving Watershed Management N7804 Watershed Protection N780401 Hydrological Data Collection Watershed Management N7804 Watershed Protection N780402 Fire Protection Watershed Management N7804 Watershed Protection N780403 Inspection Watershed Management N7804 Watershed Protection N780404 Boundaries Watershed Management N7804 Watershed Protection N780405 Facilities Security Watershed Management N7805 Facility Management N780501 WS Grounds Watershed Management N7805 Facility Management N780502 WS Buildings Watershed Management N7805 Facility Management N780503 WS Edo Facilities Mgmt Watershed Management N7806 Watershed Road Maintenance N780601 Grade/Gravel/Drain Watershed Management N7806 Watershed Road Maintenance N780602 Bridges/Streams Culvert Watershed Management N7806 Watershed Road Maintenance N780603 Roads/ROW/Vegetation Cutting Watershed Management N7806 Watershed Road Maintenance N780604 Tolt Roads&Streams Watershed Management N7807 Watershed Operations Support N780701 Vehicle/Equipment Management Watershed Management N7807 Watershed Operations Support N780702 Vehicle/Equip/Tool Repair Watershed Management N7808 Water Quality&Hydrology N780801 Hydrological Monitoring Watershed Management N7809 Public/Cultural Programs N780901 Recreation Planning Watershed Management N7809 Public/Cultural Programs N780902 CR Management&Research Watershed Management N7809 Public/Cultural Programs N780903 Watershed Education Watershed Management N7809 Public/Cultural Programs N780904 Watershed Public Information Watershed Management N7809 Public/Cultural Programs N780905 Educational Center Operations Watershed Management N7809 Public/Cultural Programs N780906 Cedar River Watershed Institute Watershed Management N7809 Public/Cultural Programs N780907 Tolt WS MP Impl Cultural Rest Watershed Management N7810 Wildlife&Fisheries Programs N781001 Program Planning&Evaluation Watershed Management N7810 Wildlife&Fisheries Programs N781002 Interagency/Public Involvement Watershed Management N7810 Wildlife&Fisheries Programs N781003 Ecological Monitoring&Research Watershed Management N7810 Wildlife&Fisheries Programs N781004 Habitat&Species Inventory Watershed Management N7810 Wildlife&Fisheries Programs N781005 Habitat Enhancement/Restoration Watershed Management N7811 Resource Information Mgmt N781101 Information Services Watershed Management N7812 Special Projects N781201 Silviculture Watershed Management N7813 CRHCP WS Terestrl Mnitr/Resrch N781301 Assess Of Expand Forest Stand Watershed Management N7813 CRHCP WS Terestrl Mnitr/Resrch N781302 Assess Expand Forest Attribute Watershed Management N7813 CRHCP WS Terestrl Mnitr/Resrch N781303 Long-Term Forest Habitat Inventory Watershed Management N7813 CRHCP WS Terestrl Mnitr/Resrch N781304 Old-Growth Classification Watershed Management N7813 CRHCP WS Terestrl Mnitr/Resrch N781305 Riparian Restoration Project Monitoring Watershed Management N7813 CRHCP WS Terestrl Mnitr/Resrch N781306 Upland Forest Restoration Project Mont Watershed Management N7813 CRHCP WS Terestrl Mnitr/Resrch N781308 Experimental Murrelet Habitat Watershed Management N7813 CRHCP WS Terestrl Mnitr/Resrch N781309 Spotted Owl Baseline Survey Watershed Management N7813 CRHCP WS Terestrl.Mnitr/Resrch N781311 OPTION SPECIES/HABITAT SURVEYS Watershed Management N7813 CRHCP WS Terestrl Mnitr/Resrch N781312 GIS Data Compatibility Study Watershed Management N7813 CRHCP WS Terestrl Mnitr/Resrch N781313 Species Habitat Relation Modeling Watershed Management N7814 CRHCP Program Support N781401 CRHCP Technical Support Watershed Management N7814 CRHCP Program Support N781402 BPA Mitigation Program-Watershed Watershed Management N7815 CRHCP Watershed Road Managment N781501 Road Maintenance Watershed Management N7816 CRHCP WS Aquatic Monitr/Resrch N781601 Long-Term Stream Monitoring PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 83 taw Watershed Management N7816 CRHCP WS Aquatic Monitr/Resrch N781602 Aquatic Restoration Monitoring Watershed Management N7816 CRHCP WS Aquatic Monitr/Resrch N781604 Bull Trout Spawning Survey Watershed Management N7816 CRHCP WS Aquatic Monitr/Resrch N781605 Bull Trout Fry/Juvenile Survey Watershed Management N7816 CRHCP WS Aquatic Monitr/Resrch N781606 Bull Trout Stream Distribution Watershed Management N7816 CRHCP WS Aquatic Monitr/Resrch N781607 Common Loon Monitoring Watershed Management N7817 Watershed Svc MIT Implement N781701 Watershed Tribal Relations Coordination Watershed Management N7818 Tolt WS MP Impl Habitat Rest N781801 Tolt WS MP Impl Habitat Rest Laboratory Services N7903 WQ Regulatory Compliance N790301 SWTR Monitoring,Reporting&Adm. Laboratory Services N7903 WQ Regulatory Compliance N790302 TCR Monitoring,Reporting&Adm Laboratory Services N7903 WQ Regulatory Compliance N790303 LCR Monitoring,Reporting&Adm Laboratory Services N7903 WQ Regulatory Compliance N790304 DBP Monitoring,Reporting&Adm Laboratory Services N7903 WQ Regulatory Compliance N790305 Public Information/Notification Laboratory Services N7903 WQ Regulatory Compliance N790306 Regulatory Support Laboratory Services N7904 WQ Monitoring N790402 Operations Support Laboratory Services N7904 WQ Monitoring N790403 Limnology Laboratory Services N7905 Customer Support N790502 Applied Research Laboratory Services N7906 Lab Systems N790601 WQ Lab Facility O&M Laboratory Services N7906 Lab Systems N790602 Lab System Administration&Support Laboratory Services N7906 Lab Systems N790603 QA Admin Pre-Capital N5001 E-Water Fund E100078 Cedar Falls Railroad Hazard Pre-Capital N5001 E-Water Fund E101008 Rock Creek Fishway Pre-Capital N5001 E-Water Fund E105018 BPA-Rd Improve Pre-Capital N5001 E-Water Fund E105019 BPA Roads Other Decommission Pre-Capital N5001 E-Water Fund E105035 BPA Forest ROW Plant Removal Pre-Capital N5001 E-Water Fund E105036 BPA Forest ROW Wood Rplment Pre-Capital N5001 E-Water Fund E105038 BPA Old Forest Restore Pre-Capital N5001 E-Water Fund E107004 Watershed Emergency/Opportunity Pre-Capital N5001 E-Water Fund E107015 Watershed Vegetation Management Pre-Capital N5001 E-Water Fund E107016 Muckleshoot Agreement Implementation Plan Pre-Capital N5001 E-Water Fund E107019 Restoration Thinning Slash Tree Pre-Capital N5001 E-Water Fund E109001 BPA Cedar Invasive Vegetation Mgmt Pre-Capital N5001 E-Water Fund E109002 BPA Restoration Slash Treatment Pre-Capital N5001 E-Water Fund E109003 BPA Information Mgmt Systems Existing Transmission SECTION XI. PR Project Project Name Activity OGRAM Water Operation N6540 WT-Headwork/Storage N654001 Program Maintenance Water Operation N6540 WT-Headwork/Storage N654002 Event Driven Repairs Water Operation N6541 WT-Transmission Pipeline Mai N654101 Program Maintenance Water Operation N6541 WT-Transmission Pipeline Mai N654102 Event Driven Repairs Water Operation N6541 WT-Transmission Pipeline Mai NN90043 CRPL4 at Airport Expressway Water Operation N6542 WT-Valve Op/Maint-Water Tran N654201 Program Maintenance Water Operation N6542 WT-Valve Op/Maint-Water Tran N654202 Event Driven Repairs Water Operation N6543 WT-Grounds/Roads/Row N654301 Grade/Gravel Roads-P Water Operation N6543 WT-Grounds/Roads/Row N654302 Grade/Gravel Roads-E Water Operation N6543 WT-Grounds/Roads/Row N654303 Bridges/Culverts—P Water Operation N6543 WT-Grounds/Roads/Row N654304 Bridges/Culverts—E Water Operation N6543 WT-Grounds/Roads/Row N654305 Fences/Gates—P Water Operation N6543 WT-Grounds/Roads/Row N654306 Fences/Gates—E Water Operation N6543 WT-Grounds/Roads/Row N654307 Mow Row—P Water Operation N6543 WT-Grounds/Roads/Row N654308 Mow Row—E Water Operation N6543 WT-Grounds/Roads/Row N654309 Mow Other Water Operation N6543 WT-Grounds/Roads/Row NN90042 Derby Creek and Tolt ROW Water Operation N6544 WT-Facility Maintenance N654401 Program Maintenance Water Operation N6544 WT-Facility Maintenance N654402 Event Driven Repairs Water Operation N6545 WT-Castings N654501 Casting Adjustments Water Operation N6546 WT-Customer Services N654601 Communications/Dispatch PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 84 Water Operation N6546 WT-Customer Services N654602 Locating/Marking Water Operation N6547 WT-Damage By Others N654701 P/L/Row/Facility Water Operation N6548 WT-Transmission Shops N654801 Shops/Fabrication Water Operation N6549 WT-General Expenses N654905 Tools/Small Equipment Water Operation N6549 WT-General Expenses N654906 Standby Water Operation N6549 WT-General Expenses N654907 Truck Inventory Water Operation N6549 WT-General Expenses N654908 Downtime-Job Related Water Operation N6549 WT-General Expenses N654909 Disaster-Emergency Response New Supply Program Project Project Name Activity Customer Service N3904 Resource Conservation N390401 Water Conservation Customer Service N3904 Resource Conservation N390412 Water Conservation-Landscape New Transmission Program Project Project Name Activity Branch Administration N3106 Water Wholesale Contracts N310602 Operating Board Website PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 85 EXHIBIT X Water Utility Service Area SEE NEXT PAGE PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 86 r- 0 0.25 0.5 Milea RENTON Renton City of Seattle ULTIMATE SERVICE —11,TH' TY`nspm4 b%1u= 01011 Ep YOF gRTT E p e0 AL AREA eze re m 'a c n um8 :SNIe PI NAC Welnigbn Na�F]o re WrMRmercen Varo 98B(N4WBBI lliam.pT:be.MRMepV011bWMWlwalm_ult 6eneemeJ was pmpucM m Jenwry tt.1011. Private Rd S:Rose St �� Po Javrf A3rd St SE 80th$t N t9 e SE 82ndst _ °a SE 791h Dr o 4� ' Avalon Dr y = 9,.o q .a w r i1F N a' v_ m SE 86th St H m m SE 87th St St m SF dsrn prw e16th St Access Rd SE m r 90th St a80rha/ _ sE 91Wst m 46 g01Y\51 SE 95th\,jay m SE A%Valley Rd S Pilgrim St <n 9s a Private Rd z y S N.4.1k 51 Q .9 �• m a ¢ 1S NE:i : rn NE24lh St im a F 5 Prentico St 7 I S Creston St a' SHazeI SC "n S�_ eS+4i a N S Hazel St m S Fcr,ntain St §ID, Q9 S Led SI S 112th St m S 112th 5t J S A—St S 114th St 'g S 113th St v SE 112th St 5114th St 5176th St N m m SE 114th St ¢ 1Oth$t SE116th St S �S B!5 � s118u,st ¢ SE117thst o m �n u, G sl2omst v m q' 4 'y m w 5 120th Std NE 8tl,PI s P n ry `$ NE 791 PI S 1z4rh st s 123rd st 7th St w .� S 724th St N St SE 1240 St ,90,s, s t e Qe W.�.90 S 728th St N S 129th Sr. !7r 11", f!E 3rd PI NE 3rd p NE 3rd St C A! Pl SE 132nd St NE 2nd St I < S 137th St G SE 2nd Ct SE;38th PI S 142n1 St ° m SE 139th PI u3 9 E 141 s1 S• m 7. S 1441h SIN S 1431d PI � SE 142.M SI N-+ < C SE 144th St m s C., 4 1 4 S 149th St "p # S 1531d SI:.. n / � .4 16.9 Rr) 4 SR 518 j �+ o- 7 Y o 0/h 'f7k�f. F.k I Pkwy'' +# a ay SF S_. t N .fc%37q w P 5 liVajk n a w SE 161st St SE 159 P1 tt H r1 QrvQ '.76 m A $27tt1 S't SE.15401 St m SE 16401 St SE FyiM,�d eV7H SE 162M PI d o m ¢<' N a < SE 168th StN m SF s �8 r Minkler Blvd m 'jai N SE 170(01 St A F Upland Dr E .Z9,PI SE 173rd St s Da r mdland Dr a P7 773Fd Costco of ct m SE 1769,St - S7'Rr Triland Dr �6 > v SE 176th St I m I� sElnst spa a enr SE laori St '44 SE 180th s1 SE 179th PI m y` SE 1815(st w Q S 182nd St sE 181st PI c sa ?.pr@j rq t9,st Jai c SE 1848,51 z SE 183rd St y r Todd SIvO a' �n r^, `n �a SE 1869,St ry SE 184th PI 184th PI SE lake Youngs Td SE 1861,St S Glacrer St ry N N y m 'o ^ S 187th St' u ? - SF SE 187ri St > SE 188ki SI 188tH w S 190th St s < v Sl a S 190th St .. v -' 0 SE 180th St a ¢ SE 1909,St SE 191st St .� y S 193rd St S 192nd St N S 192nd �i w SE 192nd$t N i LL A S 194th St S 194th PI o S 194th St a 1> 946r St N L SE ¢ S 198th St 0 N p3 11,1 y n w N 5 2 a a W m SE 1969,St ^� N d :S 198th St d) a'C I IS 19911h P1 o n¢' 5200th St t. SE 200th St Sr SE 200th St SE 20001 St w SE 201 st PI SE 201st St err+' EXHIBIT XI List of Renton Sub-region Transmission Facilities The 12-inch pipelines, from the outlets off the CRPLs 1, 2, and 3 up to the south wall of the SPU meter vaults in Logan Avenue South. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 87 EXHIBIT XII Allocating Costs and Setting Rates for Renton Sub-region In any year, Renton Sub-region Wholesale Customer means a Wholesale Customer that is served in whole or in part by the Renton Sub-region Transmission Facilities listed in Exhibit XI, or successor facilities. In each year,the cost of all Renton Sub-Regional Transmission Facilities listed in Exhibit XI shall be allocated to the Renton Sub-region Wholesale Customer(s). The Renton Sub-region Wholesale Customer(s) shall pay either a rate established by Seattle or a lump sum, to recover the costs for the Renton Sub-Regional Transmission Facilities. The rate shall apply to every unit of water delivered to Renton Sub-region Wholesale Customer(s). The parties may agree to the payment of a lump sum over a reasonable period of time, plus interest at Seattle's Average Cost of Debt. Actual costs and actual revenues for the Renton Sub-Region shall be trued up in a manner consistent with Section IV.I. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 88 EXHIBIT XIII Water Utility Independent Sources of Supply Water Utility operates the following independent sources of supply (each an "Independent Source"): Source Description Production Capacity ( m) (m d Active Sources S rin brook 1,050 1.51 Well RW-1 see note 1) 2,200 3.17 Well RW-2 (see note 1) 2,200 3.17 Well RW-3 (see note 1) 2,200 3.17 Well PW-8 (see note 1) 3,500 5.04 Well PW-9 (see note 1) 1,300 1.87 Well PW-11 2,500 3.60 (supplemental—see note 1) Well PW-12 1,500 2.16 (supplemental—see note 1) Well PW-17 1,500 2.16 (supplemental—see note 1) Total of all active sources 17,950 25.85 (see note 1) Emer enc Active Source Well EW-3 1,600 2.30 Non-active source(see note 2) Well PW-5A 1,250 1.80 Note 1: All these active sources can be used in any combination as long as the total Qa(annual) does not exceed 14,809.5 Acre-feet per year(or 4,825 MG/year) and as long as the total Qi (instantaneous) for all these sources does not exceed 11,400 gpm. Note 2: Well PW-5A is currently inactive due to water quality issues. The City of Renton anticipates adding water quality treatment in the future in order to use this source of supply. Water Utility shall use its best efforts to maintain and operate the Independent Sources in order to maintain their annual production capacity as listed above. Water Utility shall provide written notice to Seattle within thirty days of determining that it is not possible or not cost effective to maintain and operate an Independent Source at its listed production levels. Such written notice shall describe the new level of production expected for Independent Source, and shall trigger a charge of Facilities Charges under Section IV.E.8.d. Water Utility shall use its best efforts to cure any interruption of water supply from an Independent Source, shall provide oral notice to Seattle of an interruption of an Independent PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 89 . a Source lasting longer than I week, and shall provide information on the expected additional demand for water deliveries from Seattle resulting from the interruption. Water Utility shall use its best efforts to minimize the impact of an interruption of an Independent Source on the Seattle Regional Water Supply System by utilizing its other Independent Sources unaffected by the interruption within their operating and maintenance constraints. It is the intent of the parties that the production capacities listed in this Exhibit fairly represent the.production capability of the Independent Sources. In the event that, over a five year period, (i) the actual total annual production, as may be adjusted to reflect a reasonably unforeseeable interruption in Water Utility's Independent Source that lasts a substantial amount of time and is cured within a reasonable time, of the Independent Sources is consistently less than represented in this Exhibit, and (ii) the annual deliveries of water to Water Utility by Seattle are consistently increasing, the capacities of the Independent Sources listed in this Exhibit shall be reduced, and the reduction shall be deemed a permanent interruption and trigger a charge of Facilities Charges under Section IV.E.8.d. PARTIAL REQUIREMENTS CONTRACT CITY OF RENTON Page 90