HomeMy WebLinkAbout5317 08/09/2007 15:25 3604732330 BREMERTON UTILITIES PAGE 01
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PUBLIC WORKS& UTILITIES ']y' rt,,n:;
Director's Once ,',. "'"�;,
August 7, 2007
Mr. Barry Loveless
Kitsap County Public Works
614 Division Street, MS-26
Port Orchard,WA 98366
Re: Interlocal Agreement KC 111-93—Removal of Sanitary Sewer Meters
Dear Barry:
The City of Bremerton requests this letter serve as evidence of an understanding between our agencies
with regard to the removal of two sanitary sewer meters located in the Kitsap County Sewer District#1
system. In accordance with the existing Interlocal Agreement, sewer fees for the system are based on a
wholesale rate and accompanying flow rate. If average flow exceeds .4 mgd per day, rate adjustment
provisions are applied for the additional flow. The City wishes to remove these meters for the following
reasons:
• In over 2 years, average flow has not exceeded the base flow rate. As such, the City is currently
expending funds to calibrate the meters yearly, plus crew time to read the meters, maintain, and
service them. The benefit here to the County is that the utility billing will remain the same, any
flows exceeding the wholesale rate will not be metered or billed.
• As you are aware, the City has been negotiating with the County to take over responsibilities for
this system. Upon transfer, the meters will no longer be needed. Transfer of the system should
be within the year. As the City and County currently have our joint project, the SR 304 T.l.P.;
Navy Yard Highway Phase, working adjacent to the meter at 1550 Charleston Beach Road tiis
would be-an-opportune time to remove the meter and vault now.
Removal of the meters would be done at no expense to the County. If you agree to their removal, please
sign and return the letter. If you have any questions or require additional information, please contact
Gunnar Fridriksson at 360.473.2354.
C2(kel.." . 4
Phil Williams •
Director of Public Works&Utilities I concur with the City's request.
cc:
Mike Mecham, City Engineer
Lynn Price, Project Manager .
Gunnar,Fridriksson, Civil Engineer II
Ann Finnegan, Utility Billing Supervisor
Stella Vakares, P.E., Kitsap County
Contract Number
Vendor
Sub�ect
Department
File Class
Begin Date
End Date
Review Date
Vault Date
5317
KITSAP COUNTY SEWER DISTRICT #1
ILA - Discharge of Sewer
Public Works
LEG 12-1
8/1/1991
5/1/2014
Comments Renews every 5 years unless termed
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INTERLOCAL AGREEMENT FOR DISCHARGE OF SEWER
SEWER DISTRICT #1
THIS AGAEEMENT, between Kitsap County Sewer District #l, a
municipal corporation, duly orqanized and existinq under the laws
of �he State of Washinqton, hereinafter referred to as "DISTRICT
and the City of Bremerton, a municipal corporation orqanized and
existinq under the laws of the State of Washinqton, hereinafter
referred to as "CITY", is entered into pursuant to and in
conformity with RCW 39.34, the Interlocal Corporations Act and RCW
39.67.300
THE PARTIES AGREE as followst
Section l. Purpose and Scope of Contract
The CITY $hall receive from, treat, and dispose of the DISTRICT's
wastewater in accordance with the terms and apecifications as
hereinafter set forth. This aqreentent replaces and supersedes all
previous aqree�uents entered into between the CITY and the DISTRICT
for service.
�ection 2. TQ,�n of Contract
Thie contract will be in effect for a period of five years from
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August 1, 1991. The agreement will automatically renew for an
additional five year term, unless one of the parties gives written
notice of an intent to terminate not less than 1B0 days in advance
of the end of the initial five year term. provided, however, that
the CITY may not termfnate this aqreement unless the DISTRICT hae
a suitable alternate source for treatment of its wastewater.
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�ection � Definitions
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For the purpose of this agreement, unless it is plainly evident
from the context that a different meaninq is intended, the
following words and phrases when used, are defined as follows:
"Allocated Flow means the maximum average flow that the DISTRICT
is perlpitted to discharqe into the CITY System.
"Averaqe Flow° means the average daily discharge of sewage computed
by dividing the total quantity discharged durinq a month by the
total number of days in said month. The sesult is expressed in
million qallons per day (MGD).
"eiocbemical Oxygen De�uandN (H00) means the quantity of oxygen used
in the biochemical oxidation of organic matter in a epecified time
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and at a specified temperature. BOD shall be the standard measure
of sewaqe strength.
"Capital Costs" means costs relatinq in whole or in part to the
CITY treatment system and conveyance system which CITY has incurred
or plans to incur for the purpose of new or expanded facilities and
equipment to accommodate population, commercial and industrial
qrowth; to meet federal, state, reqional and local regulatory
reguirerpents; to replace deteriorated or inefficient facilitiea and
equipment that are beyond the scope of normal maintenance; or for
mo�itoring and data collection facilities. Such costs shall
include, but not be limited to both direct and indirect costs for
planning, design, construction, equipment, inspection, chanqe
orders and claims settlements.
"CITY means authorized employees and officials of the City of
Bremerton or ite desiqnated agent.
"City Treataaent System" means the City of Hremerton Wastewater
Treatment Plant, any sludqe processing facilities (wherever
located) designed to be operated in coordination or conjunction
with the foreqoinq facility, and appurtenances necessary for the
operation of the saiae.
"Conveyance System° means all main line gravity sewers and force
maine and pwnp stations, including appurtenancea necessary or
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convenient to the operation thereof. Said appurtenances include,
but are not limited to, flow metering stations, control equipment,
maintenance and cleanout facilities, and easementB. These
improvements may also be referred to in thie contract as the
"Transmiesion System".
"Direct Costs" mean those costs to CITY which are identified
specifically with a particular project. Di�ect coste may include,
but are not limited to, direct labor; costs of materials acquired,
expended, or consumed; costs of construction contracts; costs of
consultant contrects and costs of energy to operate the treatment
and conveyance facilities.
"DISTRICT" means authorized employees and/or officials of Kitsap
County Sewer District No. 1 or its designated agent.
"DISTRICT System" means all wastewater collection and conveyance
facilities owned and operated by DISTRICT includiaq gravity sewers,
force mains, and pwnp stations.
"Domestic Sewage° mea�s wastewater from ordinary livinq processes
di�charged from dwellings, business buildinqs, and institutions.
"Aomestic Sewaqe Strength" is defined as not to exceed 220 mg/L BOD
and/or TSS.
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"ExcesB Flow" meana flow over the average flow allocated to the
DISTRICT.
"Indirect Costs" �eana those costs to CITY which are applicable to
a project or activity but are allocated amonq orqanizational units
in relation to benefits derived in accordance with generally
accepted accountinq principles. Indirect costs may include, but
are not limited to, labor expenses for elected officials and their
staffs, for commissions, and for performance of administrative end
supexvisory functions; and expenses for data processing services,
, building services, utilities and materials.
"Infiltrationp meens water other than wastewater which enters a
sewer system from the ground through such means as defective pipes,
pipe joints, connections, or access structures. Infiltration does
not include, and is distinquished from, inflow.
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"Inflow" means water other than wastewater which enters a sewer
system from sources such as roof leaders, cellar drains, yard
drains, area drains, drains from springs and swampy areas, access
structure covers, cross connections between storm sewers and
sanitary aewers, cetch basins, stona waters, surface runoff, or
drainage. Inflow does not include, and is distinquished from,
infiltration.
"MGD'� meane million gallons per day of wastewater flow.
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"Peek Flow" aaeans the highest instantaneous rate of discharge,
expressed ae a volwne per unit of time.
"Point of Delivery" meane any connection of a DISTRICT Sewer to the
CITY Sy�tem.
"Service Area" means the areas located within the City or County
jurisdiction desiq�ated to be served by CITY or DISTRICT. A
Bervice area may extend beyond the CITY or DISTRICT boundaries
respectively. Respective Service areas in the vicinity of the
DISTRICT shall be as defined in this aqreement.
"Sludqe" meana the accwaulated settled solids deposited from
wastewater or industrial wastes, raw or treated.
"System Capacity" meane the annual averaqe design capacity of the
City System.
"System Average Flow" means the system volume divided by the number
of time units in a ca,lendar year.
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"System VolumeN means the volume of sewage treated in the CITY
System during a calendar year.
"Total Suspended SolidsN (TSS) means solide that either float on
the surface of, or are euepended in water, wastewater, or other
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liquide and are largely removable by laboratory filtrations. TSS
is a standard measure of sewage strength.
"Waatewater" means the combination of the liquid and water -
cerried wastea discharqed from �esidences, commercial aad
industrial establishments, toqether with infiltration and 3nflow
that may be present.
"Wholesale RateN means a negotiated charge per unit of wastewater
discharqed to the City system by a customer whose discharge volume
represents a significant portion of system volwae such that direct
cost allocations are feasible.
Section 4. Service Levels
A. Allocated Flow
The DISTRICT is allocated an average flow of .4 million qallons per
day into the city treatment system. All discharqes by the DISTRICT
to the CITY system shall be through the three flow meterinq
stations=
Pwnp Station WH-1 Flow Metering Station
Pump Station WH-2 Flow Meterinq Station
C Street Flow Meterinq Station
No other points of discharge to the CITY system are presently
known. Should additional points of discharqe be identified in the
future, the method of ineterinq such discharges shall be as
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desiqnated by the CITY
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e. Sewage Strength
All waBtewatex discharge by the DISTRICT to the CITY system shall
be domestic sewage strength as defined in Section 3 above.
Section 5. W�olesale Rate
A. Initial Wholesale Rate
Commencing with the month of August 1991, the DISTRICT shall pay a
wholesale rate of $15,970 per month. This rate assumes the
DISTRICT's average flow does not exceed .4 mgd per day. Yf the
average flow exceeds this limit, the rate adjustment provisions
found in subsection D below shall apply.
H• Basis for Initial Wholesale Rate.
The CITY and the DISTR�CT agree that the initial monthly wholesale
rate is eatablished usinq the figures set forth below. The CYTY
and tbe DISTRICT agree these nwabers represent the DISTRICT's
app�opriate ehare of the system expense, given the DISTRICT's
allocation o� plant capacity. The basis for the monthly wholesale
rate is as follows:
Capital Cost Debt Service
$ 130,915.00
Operations and Maintenance
City overhead
SUBTOTAL
41,175.00
6,176.25
$ i�e,a66.2s
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8& O tax of 6$
Excise tax of 1.5$
Total payment in firet year of
contract
Monthly Kitsap Sewer Dietrict
WholeBale Rate
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10,695.98
2.673.99
$ 191,636.22 + 12
$ 15,970.00
C. Adjustments to Initial Wholesale Rate
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(1) August lst of each year, the operation and maintenance, and
CITY overhead numbers, will be adjusted upward by the percentage
increase in the Seattle/Everett all item consumer price index
durinq the preceding calendar year, or the succeseor to this index.
If there ia not successor, then any generally accepted� index
showing the inflation rate, if any, for the United States as a
whole shall be used to establish the increase in the rate.
(2j At the CITY's request, the capital cost figure will be
adjusted upward to reflect the DISTRICT's proportionate share of
any treatwent eystem capital cost incurred. Provided, however,
thie does not include treatment system capital costs to increase
plant capacity. The additional debt service shall be computed
a�ter deductinq any portion of tbe treatment syatem capital cost
pafd by the United States Navy, or grants.
( 3) The B& O tax and excise tax expenses shall be ad jueted in the
next calendar month after any change in their rate. These taxes
shall also be adjueted in the next calendar month after any change
in the DISTRICT'B share of the capitol cost, operation end
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maintenance, and CITY overhead expense.
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(4j For any given calendar month, the wholesale rate ahall be the
swa of the pISTRICT'� responsibility for capitol cost debt eervice,
operation and maintenance, CITY overhead, B& O taxes, and excise
taxes, as they may be adjusted above. It is the CITY's
responsibility to advise the DISTRICT of the need for these
adjustments, and the basis for their assessment.
D. Adjuetment for Excess Averaqe Flow
(1) The DISTRICT's allocated flow is .4 mgd. As provided in
Section 6(Aj, the CITY will measure the DISTRICT's wholesale flow
on the first Monday of each calendar month. For any measuring
period when the total wholesale flow exceeds .4 mgd times the
nwnber of days in the measurinq period, the DISTRICT shall pay the
wholesale rate as established under Paraqraph 5(A) above, plus the
followinq additional charqes
a. For up to 3 million qallons of flow beyond the allocated
flow, $2.14 per thousand gallons in flow, or part
thereof.
2 b. For all flow beyond 3 million gallons over the allocated
flow, $2.81 per thousand qallons, or part thereof.
( 2) The additional charqe for excees flow will not apply until two
years after the date this agreeme�t is executed and approved by
both the CITY and KITSAP COUNTY SEWER DISTRICT #1. August 1 of
each year, beginning with the firBt Auqust 1 after the additionai
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charge for excess flow is in effect, the rates for excess flow
shall be adjusted upward by the percentaqe increase in the
Seattle/Everett All Item Consumer price Index durinq the precedinq
calenda= year, or the successor to this index. If there is no
successor, than any qenerally accepted index showinq the inflation
rate, if any, for the United States as a whole shall be used to
establish the increase in the rates.
E. Wholesale Rate Adjustments for Excess Domestic Sewage Strenqth
X
X
X
X
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�X
X
X
X
X
X
X
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X
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1. The CITY will periodically test the etrength of the
DISTRICT's sewage. If for any three consecutive teste,
the DISTRICT's sewage strength exceeds Mdomeatic sewage
strength" as defined in Section 3 above, the CITY
reserves the right to reopen thie contract on the iesue
of whether there should be a surcharqe for excess sewage
strength. For the purpose of this subparagraph, the CITY
shall use the utwenty-four hour composite sample" method
to test the sewage strength.
Section 6. Meterinq, Biliinq, a_y�ent
A• The CITY will be responsible for measuring flows at the pointe
of delivery identified in Section 4 above. The CITY shall install,
operate, and maintain the required metering equipment. The CITY
will read the flow meters on the first Monday of each month.
e• The CITY shall eubmit a monthly bill for wholesale sewer
service to the DISTItICT based on the contract rates defined in this
agreement. The bill will include a statement of the DISTRICT's
total monthly flows to the CITY�s sewage system at each flow
monitoring stetion. ;
�• The pISTRICT shall pay the CITY for services rendered within
60 daya of receipt of the bill from the CITY Interest at the rate
o� �'� per mot�th will be cbarged on any invoice not paid with the 60
day limit. A minimum of one month•s interest will be charged for
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all late payments.
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0. On a bi-monthly basis, the CITY shall provide tbe DISTRICT
with a computerized list showinq the domestic water consumption for
all CITY water customers found within the service area boundary of
the DYSTRICT.
Section 7. Service Area Boundarv
(e) For the purposes of this aqreement, the boundaries of the
DISTRICT service area shall be defined as followss
Beginninq at a point that is the junction of the East right-
of-way line of McCollum Avenue and the boundary of Sinclair
Inlet meander line, then NE alonq McCollwn Avenue to the NW
right-of-way line of SR304 the NE along SR304 riqht-of-way
epproximately 760 feet, then NW to Lafayette Avenue, then SW
alonq Lafayette Avenue to McCollwn Avenue, then North along
McCollwa Avenue to Preble Street, then West alonq Preble
Street to the center of Section 22 T24N R1E, then North ( alonq
the center of section line) 360 feet, then West from the
center of section line to a point 250 feet East of National
Avenue, then North parallel to National Avenue to a point 150
feet South of lst Street, then West parallel to lst Street to
Oyster Bay Avenue, then South along Oyeter eay Avenue and to
SR3, then South alonq the east margin of SR3 to the South
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eection line (Section 22, Township 24 North, Range 1 East)
then West alor►g the section line to the 1/8 section corner of
Section 28, Township 24 North, Range 1 East, then South alonq
said 1/8 section line to Davis Street, then West on Davis
Street to Rent Avenue and South on Kent Avenue to the center
of section line (Section 28, Township 24 North, Range 1 East)
then East of the center line to Sinclair Inlet.
(b) The CITY agrees to not extend service to any resident within
the DISTRICT's service area boundaries, except by written
perntission of the DISTRICT or as may be defined pursuant to R.C.W.
35.13A. The DISTRICT aqrees to not extend service or expand its
boundaries to any resident beyond the DISTRICT service area
boundaries except by written permission of the CITY.
(c) If the DISTRICT chooses to reassign any of its allocated flow
to the CITY, tbe DISTRICT�s wholesale rate, and the formula for
establishing excess flow charges, shall be adjueted proportionate
to the reassignment.
ec ion B. Facilities Ownership and Operation Res,ponsibilities
The CITY and AISTRICT with the execution of thie agreement
acknowledge that ownership of all facilitiea lying within the
DISTRICT and upetreaaa of the CITY's meterinq stations shall remain
the p�operty of the DISTItICT. The CITY assumes no responsibility
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for operating, maintaininq or replacing the DISTRICT•e facilities
by thie aqreeatent.
At the request of the DISTRYCT, the CITY may, at its option based
upon available resources, provide additional services to the
DISTRICT on a time and materials basis. Other services may
include, but not be limited to, operation, maintenance or repair of
facilities owned and operated by the DISTRICT, surveys,
comprehensive planning,and utility billing.
The CITY reserves the riqht to construct, use, own and maintain
transmission mains and appurtenances for the purposes of conveyance
of CITY wastewater from the CITY's system across the DISTAICT to
the CITY�s Wastewater Treatment Plant, subject to the terma of its
existinq and future local and state franchise agreements.
�ection 9_ Transfer Owners p of Facilitiee
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The DISTRICT agrees to discontinue use, vacate, and transfer
ownership to the CITY the 21- to 24-inch diameter sewaqe
t�ansmission main, originating at a connec�ion point to the CITY's
sy�tem at Rodgers Road and Auto Center Way and continuing South
alonq the west side of State Highway No. 3, to a connection point
to the CITY'a �ystem at the north property line of the CITY's
Wastewater Treatment Plant. Together with those collection system
mains and appurtenances lyinq West of SR3 and north of the south
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section line Qf Section 21, Township 24 North, Range 1 Eaet.
The CITY agree� to discontinue use, vacate, and transfer ownership
to the DISTRICT the 14- to 21-inch diameter sewage transmission
main oriqinatinq at a connection point with the CITY system at
Oyster Bay Hlvd. and Arsenal Way and continuinq south along the
east eide and across State Highway No. 3 to a connection point with
the City�B system at D Street and Sayview Drive.
Se_ ction 10 Requlatory Compliance
The DISTRICT agrees to comply with the provisions of all federal,
state, and local rules and regulations governinq Bewage systems and
the introduction of prohibitive discharges. The DISTRICT further
agrees to insure that DISTRICT customers comply with all federal,
atate, and local rules and requlations regardinq sanitary sewer
conetruction. xn the case of discrepancies between rules or
regulations, the most strinqent shall apply.
�ection 11 General Conditions
(a) Tbis document, including the exhibits incosporated herein,
embodiea the entire agreement between the CYTY and the DISTRICT.
No verbal agreements or conversatione with any officer, agent, or
e�aployee of the CITY or DISTRICT prior or eubsequent to the
execution of thie aqreeutent shall affect, or modify any of its
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ternas or obliqations. Deviation of any sort from the agreement
texms must be authorized formally, in writinq. No other autbority
for deviation from this agreement will be recoqnized as prior or
official.
The parties expressly reserve the right to reneqotiate the
provisions hereto, includinq the terms of this aqreement, from time
to ti�ne as may be necessary and to amend this agreement in response
to current and future regulatory or other applicable requisements,
provided however, that no alteration or modification of the terms
or conditions hereof shall be valid and binding unless made in
writinq and signed by the authorized representatives of the
parties.
(b) This aqreement s�all be biadinq upon the successors and
assigns of each of the parties. But neither party will assign this
aqreement without the written consent of the other. This written
coneent will not be unreasonably withheld, and at execution of this
agreement, the CITY underatands and accepts that the DISTRICT
intends to aseign its rights and responsibilities unde� this
contract to Kitsap County at some time in the future.
(c) It is understood that the relatio�ship of the CITY to the
DISTAICT is independent. None of the employeee or aqents of the
reapective p$rties shall be considered employees of the other.
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id) Each party warrants and repreeente that it has authosity to
enter into thit� eqreement.
(e) All notices to be given by either of the parties hereto to the
other party shall be in writinq and may either be delivered
pereonally or may be deposited in the United Statee Mail, poatage
prepaid, as eitber certified or regular mail, addressed as
Specified below, or to euch other designate in writinq. Notices
sent by mail shall be deemed to have been given 48 hours after
properly mailed; the postmark affixed by the United StateB Post
Office shall be conclusive evidence of the date of mailinq.
City= Director of Utilities
3027 Olympus Drive
eremerton, WA 98310
City Clerk
239 Fourth Street
B=eraerton, WA 96310
Oietrictt SeKer Dfstrict No. 1
702 Charlotte Ave S
Bremerton WA 98312
(f) In the event that any provision herein is declared illeqal or
iatvalid, no other provisions of this aqreement shall be affected,
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and tbie agreement shall then continue in full force and effect as
though such illeqal or invalid proviaions had not been contained
herein.
(g) This aqreement shall be conatrued and interpreted in
accordance with the laws of the State of Washington. The venue of
any action brought hereunder shall be the Superior Court of Kiteap
County, Washington.
(h) The DYSTRICT aqrees to complete and present to the CITY by
_ December 31, 1993, a complete infiltration and inflow study,, and an
engineerinq report/comprehensive plan establishing the DISTRICT
capital needs, estimated costs for construction, and a schedule for
construction, to repair any infiltration and inflow problems or
other capital deficiencies found within the DISTRICT's syetem.
(i) The City will aqree to defend, and hold the Dietrict, and ite
aesiqns, harmlese from, the pending litiqation over the sewer
plant, includinq the coats of litigation. Provided, that if the
City is required to provide any capital improvements to the plant,
or purchase land to resolve the litigation, the District and �.ts
as�igne will pay 6.34$ of the average annual debt service for this
expenee.
i�) Yf either party to this agreement is req�ired to use the
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�er�ricee of an attorney to enforce any provieione in thie
aqreeme�t, the prevailinq party in that diepute shall be entitled
to an aw$rd of coste, and a reasonable attorney•s fee.
DAT�D this � day of
J ..�.s2 y . 19 c��..
CIT OF HRE RTON
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HYs
LOUIS MENTO , yor
ATTESTt
KATHLEEN L. McCLUSREY, Cle k
DEPAATMENT APpROVALs
BY=
WILLIAM DUFFY,
Utilities Director
RO D AS TO FORM: �
. SIEVERS, City Attorney
,
KITSAP��TY SEWER DISTRICT �1
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STATE OF WASHINGTON
COUNTx OF KITSAP
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On thie day personally appeared before me Louie Mentor,
Bremerton City 1rt8yor, and Kathleen L. McCluskey, Bremerton City
C1erk, to me knowm to be the individuals described in and who
execyted th� within and foreqoinq inBtrument, and acknowledqed that
tbey eiqned the same ae their free and voluntary act and deed fo=
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the uses and purposee therein mentioned.
Given under
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my hand and official seal this �.�' day of
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STATE OF WASHINGTON
COUNTY OF KITSAP
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'«, tary Public in and for the State of
'�lashinqton, residinq at ,[�2t,ry� ,�,�N ,
� My Commiseion Expires: !v -iI_�' y .
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On this day personally appeared before me
JAMES HOOD , LYNN JOHNSON and
GEORGE MURKER , of Ritsap County Sewer District �l, to me
nowri to be the individuals described in and who executed the
within and foreqoing instrument, and acknowledged that they=signed
the �ame ae their free and voluntary act and deed for the uses and
purposes therein mentioned.
Given under my��nd and official �se�l this ` da of
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Notary Pu�xic in and for
Washinqto�f, residing at
My Commiseion Expires:
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