HomeMy WebLinkAboutCAG2000-0097 - Original - City of Tacoma, Covington Water District - Second Supply Design Agreement - 06/28/2000 � r
DESIGN AGREEMENT BETWEEN THE CITY OF TACOMA,
CITY OF KENT AND THE COVINGTON WATER DISTRICT
This Design Agreement (Agreement), dated this 28day of June, 2000, by
and between the City of Tacoma, Department of Public Utilities, Water Division,
(Tacoma) a municipality, the City of Kent, (Kent) a municipality, and the
Covington Water District (Covington or CWD), a special purpose district, all of
which are organized under the laws of the State of Washington, sometimes
referred to herein individually as "Party", and collectively as "Parties", to become
effective on the Effective Date (as defined herein)
WHEREAS, Tacoma has an interest in seeing progress with the Second
Supply Project to meet the water supply needs of those participating in the Second
Supply Project, and
WHEREAS, Kent and Covington have a current and future need for
additional water supply capacity to provide adequate and reliable service to its
present and future water customers, and
WHEREAS, design and permitting of the facilities described in this
Agreement, hereinafter defined as the Kent/Covington Section of the Second
Supply Pipeline (Project), will expedite the additional water supply and capacity
needed by Kent and Covington in a timely and cost-effective manner, and
WHEREAS, Tacoma, Kent and Covington are participants in the Second
Supply Project, which project is intended to secure a longterm water supply for
the participants, and
WHEREAS, the Kent/Covington Section of the Second Supply Pipeline
will be capable of being integrated into the Second Supply Project when the full
project is constructed, and
WHEREAS, the possible "early design/build" of this section of the Second
Supply Pipeline was contemplated in the Conceptual Agreement Between
Participating South King County Regional Water Association Member Utilities
and Tacoma Public Utilities, Water Division dated February 25, 1998, and
WHEREAS, design of the Kent Covington Section of the Second Supply
Pipeline will address immediate water supply needs of Kent and Covington,
while being complimentary to the long term water supply plans of both,
June]] 2000 1
4
NOW, THEREFORE, in consideration of the mutual covenants and
premises contained herein, and for other good and valuable consideration, the
receipt and adequacy of which are hereby aclmowledged, the Parties hereto agree
as follows
1 Defined Terms
1 1 For purposes of this Agreement, when used with initial capitalization the
terns set out below are defined as follows
1 1 1 "Design Budget" means the budget for the design and permitting of
the Project established pursuant to section 6
1 12 "Due Date" means the date upon which payment of any invoice
issued pursuant to section 9 is due
1 13 "Effective Date" means the date upon which this Agreement
becomes effective and shall be the date entered in the preamble to
this Agreement after signatures to this Agreement are completed.
1 14 "First Diversion Water Right' means the legal right (claim) for
Tacoma to divert, extract and use for water supply purposes water
from the Green River currently supplying Pipeline No 1 (up to 113
cfs)
1 1 5 "Interest Payment' means the product of the payment due to a Party
to resolve a payment dispute and one-twelfth of the Interest Rate for
each month for which interest is to be calculated pursuant to section
9 7 Daily interest rate is the Interest Rate divided by 365
1 16 "Interest Rate" means the prime interest rate as established from time
to time by the Bank of America, stated as an annual percentage rate,
which was 9% as of May 15, 2000
I 1 7 "Kent/Covington Meter" means the meter installed as part of Project
construction to measure the amounts of water delivered to Kent and
Covington pursuant to this Agreement
1 1 8 "Point(s) of Diversion" means the location(s) at which the water is
delivered by Tacoma to Kent and Covington pursuant to this
Agreement
1 1 9 "Preliminary Budget' means the budget for the permitting and
design of the Project as set forth in Exhibit E
I 1 10 "Preliminary Project Schedule" means the schedule for the
permitting and design of the Project as set forth in Exhibit D
1 1 11 "Project" or "Kent/Covington Section of the Second Supply
Pipeline" or means approximately 9 2 miles of new 72 inch and 60
inch water supply pipeline, that will stretch from Tacoma's Pipeline
No 1, approximately 9000 feet downstream of Tacoma's Green
River Headworks Control Building, to the intersection of SE 300
Street and 224ffi Avenue SE (Lake Sawyer Road)
1 1 12 "Project Schedule" means the schedule for the construction of the
Project established pursuant to section 7
1 1 13 "Prudent Utility Practice" means at any particular time, the
generally accepted practices, methods and acts in the municipal
water supply industry that would achieve the desired result
consistent with reliability, safety and economy or if there are no
such practices, methods or acts, then in that event the practices,
methods and acts which, in the exercise of reasonable judgment in
light of facts known at the time the decision was made, could have
been reasonably expected to achieve the desired result consistent
with reliability, safety and economy
1 1 14 "Second Diversion Water Right" means the legal right obtained in
1986 for Tacoma to divert, extract and use for water supply
purposes water from the Green River (up to 100 cfs).
1 1 15 "Second Supply Project" means a proposed water pipeline (Second
Supply Pipeline) extending from the current Tacoma Headworks
Control Building on the Green River to Pipeline No 4 near
Tacoma's Portland Avenue reservoir and including the Second
Diversion Water Right, a share of the improvements to Tacoma's
Headworks, the North Branch of the Second Supply Pipeline,
certain Tacoma mitigation agreements, and the Howard Hanson
Dam additional storage project
1 1 16 "Tenn" means the duration of this Agreement as established
pursuant to section 3
1 1 17 "Uncontrollable Force" means an act or event beyond the control
of a Party and which by the exercise of reasonable due diligence
and reasonable foresight such Party could not have reasonably been
expected to avoid or remove which renders the Party unable to
June 27 1000 3
perform, including but not limited to flood, earthquake, storm,
accident, fire, lightning and other natural catastrophes, epidemic,
war, strike or labor dispute, change in federal, state or local law,
restraint by order of any court, regulatory authority which a good
faith effort on the part of the appropriate Parry is unable to remove
or vacate, or any other cause reasonably beyond the control of the
Party affected thereby
1 1 18 "Useful Life" means the period during which the Project can be
safely, prudently and economically utilized for the purposes for
which it was intended
2 Exhibits
21 The following exhibits, which are attached hereto, are incorporated into
this Agreement by reference as if fully set forth herein
2 1 1 Exhibit A-Project Specifications
2 12 Exhibit B-Project Map
2 13 Exhibit C-Project Quality Assurance Reviews
2 14 Exhibit D-Preliminary Project Schedule
2 15 Exhibit E-Preliminary Budget
2 16 Exhibits F through P - intentionally left blank
2 17 Exhibit Q-Special Provisions for CWD and Kent
3 Term
3 1 This Agreement shall take effect on the Effective Date, and shall
continue in full force and effect until the earlier of
3 1 1 The date the Project is integrated into and becomes a part of the
Second Supply Project
3 1 2 The date the Parties agree that the Project has reached the end of its
useful life.
3 2 All obligations incurred during the Tenn shall survive the expiration or
termination of this Agreement until they are satisfied
hint 27 2000 4
t r
4 Nature of the Project
4 1 By this Agreement, Kent and Covington are authorizing Tacoma to
proceed with design and permitting of the Project
42 It is anticipated that the full Second Supply Project will receive
authorization to proceed in 2000 However, if the full project does not
proceed, Kent and Covington may give written notice to proceed with
construction of the Project in accordance with Exhibit Q
43 The Project shall be designed so that it can be integrated into the Second
Supply Project. To that end, the pipeline shall be designed in the right-
of-way for and in the alignment of the Second Supply Project
44 The Project shall be designed in a manner consistent with the Project
specifications set forth in Exhibit A As consideration for Kent and
Covington's acquisition, pursuant to this Agreement, of water capacity
rights to be provided by the facilities comprising the Project and the
Second Supply Project, Kent and Covington shall be responsible for
paying all of the costs incurred by Tacoma to design the Project
pursuant to the terms and conditions of this Agreement. Ownership of
the Project shall be vested in and remain with Tacoma. Kent and
Covington shall own water capacity rights
45 Tacoma hereby waives and agrees not to assess against Kent and
Covington a system development charge in conjunction with the Project
pursuant to this Agreement
46 Tacoma shall be responsible for the design of the Project pursuant to the
terns and conditions of this Agreement Tacoma shall discharge such
responsibilities in a professional and workmanlike manner, and
consistent with Prudent Utility Practice for a project of this nature In so
doing, Tacoma may use members of its professional staff, employ
contractors, and consultants as may be reasonably necessary
47 Tacoma shall be responsible for obtaining, and for keeping in full force
and effect during the Term, all permits, licenses, authorizations and
regulatory approvals necessary to design, construct, operate and maintain
the Project
5 Quality Assurance and Quality Control
,min]] 2000 5
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Tacoma shall undertake the design of the Project in accordance with the
quality assurance and quality control program set forth in Exhibit C
6 Initiation of Project Design
6 1 Upon the execution of this Agreement, Tacoma shall promptly initiate
the design needed to commence construction of the Project Such design
shall be accomplished in a manner consistent with the terms and
conditions of this Agreement.
62 Tacoma shall take all commercially reasonable actions to complete the
permitting and design of the Project in an expeditious manner as defined
by the Preliminary Project Schedule (Exhibit D) and Prelimmary Budget
(Exhibit E)
63 Upon the completion of Project design, Tacoma shall send written
notification to Kent and Covington that Project design has been
completed, and that the Project is ready to be bid and constructed
7 Initiation of Project Construction
7 1 The Project construction will likely proceed as the first phase of work in
2001 under the full Second Supply Project authorization An updated
Budget and Schedule for the Second Supply Project will be developed
when the project receives full approval by the project participants to
proceed
7 2 Construction of the Kent/Covington Section of the Second Supply
Pipeline may proceed in accordance with Exhibit Q if the full Second
Supply Project does not proceed In such event, a separate Project
Budget and Schedule will be developed for this section of pipeline
8 Oversight of Project Design
8 1 During the course of the permitting and design activities described in
section 6, members of the Tacoma Project team shall meet with the Kent
and Covington personnel (including consultants, if needed) as frequently
as necessary to keep Kent and Covington fully informed regarding the
progress on the permitting and design of the Project, but in any event no
less frequently than once every other month At such meetings, Tacoma
shall report to Kent and Covington all significant design activities
completed since the prior meeting, all permitting and design activities
expected to be completed by the next meeting, the percentage of the
June 27 2000 6
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relevant budget expended to date, the permitting and design activities
completed to date relative to the relevant schedule, and any other
developments that should be brought to the attention of Kent and
Covington to keep them fully advised regarding the Project.
82 Tacoma shall make available to Kent and Covington any and all
information, documents, plans and correspondence regarding the
permitting and design of the Project that may be reasonably requested
by Kent and Covington Kent and Covington shall have access during
normal business hours to any and all information, documents, plans and
correspondence regarding the permitting and design of the Project, and
to the Project site
83 At all meetings held pursuant to subsection 8 1, Tacoma shall solicit
from Kent and Covington advice regarding the permitting and design of
the Project, and Kent and Covington shall provide Tacoma advice on
such topics, which advice shall be consistent with the terms and
conditions of this Agreement, and with the objective of completing the
Project in a manner consistent with the Project Schedule and Design
Budget
84 Tacoma shall take into account and incorporate in the Project design the
advice so provided by Kent and Covington, if and to the extent Tacoma
determines that such action to be reasonable and appropriate
8 5 Kent and Covington will have the right to approve the consultant's scope
of work, schedule and budget under which Kent and Covington will be
billed, and such approvals will not be unreasonably withheld
86 The Project Schedule and Design Budget shall only be revised by the
agreement of the Parties
9 Bilhn2S and Payment for Protect Design and Permitting
9 1 During any period when all or any portion of the Project is being
permitted or designed or during any period when the costs of such
permitting and design remain outstanding or in litigation, Tacoma shall
cause all consultants who seek payment for activities or material related
to the Project to forward to Kent and Covington and Tacoma on or
before the first or third Thursday of each month an invoice Such
invoice shall set forth the amount of payment claimed, the activity,
service or material provided, whether the payment is a change order and
the contract under which payment is sought In addition, Tacoma may
forward to Kent and Covington a separate invoice for costs associated
June 27 ]OW 7
with the Project, including but not limited to costs of Tacoma's
professional staff, associated overheads and any taxes, which Tacoma
has incurred during the preceding calendar month or months for the
pennittmg and design of the Project
92 Kent and Covington may request from Tacoma, and Tacoma shall
promptly provide to Kent and Covington, any documentation or other
infonnation that Kent and Covington may reasonably request to
understand the nature of the costs contained on any invoice issued
pursuant to subsection 9 1
93 Tacoma shall review all invoices issued pursuant to section 9.1, and
shall advise Kent and Covington by the first Monday after the invoice is
received if, in Tacoma's judgment, the invoice is properly due and
payable
94 Upon receipt of the notification from Tacoma pursuant to subsection 9 3,
payment of invoices forwarded to Kent and Covington by any
consultant, or by Tacoma shall be due and payable by Kent and
Covington to the party issuing the invoice by check or by wire transfer to
the bank and account designated by such party not later than the close of
business on the second Monday after the invoice is received (Due Date)
95 If payment of any invoice is not received by the party that issued the
invoice on or before the Due Date, such payment shall be considered
past due, and the amount of such invoice shall accrue a late payment
charge for each day that the invoice remains unpaid equal to the product
of the amount of the invoice and the daily interest rate pursuant to
section 1 1 6 Such charge shall continue to accumulate until the unpaid
invoice and all late payment charges are paid in full to the party that
issued the invoice
96 If Kent and Covington dispute all or any portion of an invoice issued by
Tacoma pursuant to this section 9, Kent and Covington shall pay such
invoice in full pursuant to this section 9, and shall indicate in writing to
Tacoma the portions of the invoice that Kent and Covington dispute and
the reasons therefore The Parties shall make a good faith effort to
resolve such dispute If such efforts are unsuccessful, either Party may
seek resolution of the dispute pursuant to section 20
9 7 If the resolution of any dispute over an invoice, whether through
Agreement of the Parties or by dispute resolution pursuant to section 20,
results in the payment of money from Tacoma to Kent and Covington,
such payment shall include an Interest Payment for the period
,una 27 2000 8
1
commencing with the date the disputed invoice was paid, and ending on
the date the payment resolving the dispute is made to Kent and
Covington
10 Audits of Design Invoices
10 1 Kent and Covington shall have the right to audit any invoices issued to
Kent and Covington pursuant to section 9, provided that such audit is
conducted not later than the third anniversary of the date the invoice
was issued
102 During normal business hours, Tacoma shall make available to Kent and
Covington any and all documents and information related to any invoice
issued pursuant to this Agreement reasonably requested by Kent and
Covington in the course of conducting any audit
10 3 Based upon the results of any audit conducted pursuant to this section
10, Kent and Covington may dispute amounts paid pursuant to any
invoice on or before the third anniversary of the date the invoice was
issued Kent and Covington shall provide Tacoma a written report
setting forth the invoice or invoices that are disputed, the amount of
payment or payments disputed, and the reasons therefore. The parties
shall make a good faith effort to resolve such dispute If such efforts are
unsuccessful, either party may seek resolution of the dispute pursuant to
section 20
104 If resolution of any such dispute, whether by agreement of the Parties or
by dispute resolution pursuant to section 20, results in payment of money
from one Party to the other Parry, such payment shall include an Interest
Payment for the period commencing with the date the payment was
made or should have been made, and ending on the date the payment
ending the dispute is made
11 Construction or Tennmation of the Second Supply Protect
11 1 The Parties anticipate that the Project will be integrated into the Second
Supply Project If and when that occurs, the payments made by Kent
and Covington for the costs of pennittmg and designing the Project
pursuant to this Agreement shall be credited against the payment
obligation of Kent and Covington for the costs of permitting, designing
and constructing the Second Supply Project Interest on such payments
made by Kent and Covington will only be included to the credit if and to
the extent that the credit for payments made by Tacoma on the Second
Supply Project include interest
mne 27 2000 9
1 +
12 Notices
12 1 Any notice required or permitted to be given under or pursuant to this
Agreement shall be in writing and shall be delivered to the other Parry at
its address set forth below either (i) in person, (ii) by overnight delivery
service, (ill) by first class mail, postage prepaid, or (iv) by facsimile
equipment providing confirmation of the completed transmission, if a
copy of such facsimile transmission is immediately sent by one of the
alternative means set forth in (i), (ii) or (iii) above Notices shall be
effective upon receipt
If to Kent Public Works Director
City of Kent
220 0' Avenue So
Kent, WA 98032-5895
If to Covington General Manager
Covington Water District
18631 S E 300ffi Place
Kent, WA 98042
If to Tacoma Superintendent
Tacoma Water
P O Box 11007
Tacoma, WA 98411
3628 South 35'1' Street
Tacoma, WA 98409
12 2 Either Party may change the address to which notices shall be sent by
giving notice of such change in accordance with subsection 12 1
13 Uncontrollable Force
13 1 A Party shall not be in breach of this Agreement as a result of such
Parry's failure to perform its obligations under this Agreement when
such failure is due to an Uncontrollable Force, to the extent that such
Party, despite the exercise of due diligence, is unable to remove such
Uncontrollable Force Nothing in this Agreement shall be construed to
require either Parry to prevent or settle any strike or labor dispute in
order to obtain relief under this section 13
13 2 Each Party shall notify the other as soon as practicable of any
Uncontrollable Force that may impair performance under this
JunL27 2000 10
Agreement Neither Party shall be denied relief from its obligations
under this section 13 because of a failure to give notice within a
reasonable period except to the extent that such failure increases the
losses of the other Party
13 3 This section 13 shall not relieve any Party from the obligation to pay
money when due under the terms of this Agreement
14 Assignment
Neither Party may assign this Agreement, or all or any part of such Party's
rights or obligations under this Agreement, without the prior written consent of
the other Party, which consent shall not be unreasonably withheld This
Agreement shall be binding upon and shall inure to the benefit of the Parties
hereto, their successors and permitted assigns
15 Waivers
Except as otherwise provided herein or as agreed to by the Parties, no provision
of this Agreement may be waived except as documented or confirmed in
writing. Any waiver at any time by a Party of its rights with respect to a default
under this Agreement or with any other matter arising in connection therewith,
shall not be deemed a waiver with respect to any subsequent default or matter
Either Parry may waive any notice or agree to accept a shorter notice than
specified in this Agreement Such waiver of notice or acceptance of shorter
notice by a Party at any time regarding a notice shall not be considered a waiver
with respect to any subsequent notice required under this Agreement
16 Invalid Provision
The invalidity or unenforceability of any provision of this Agreement shall not
affect the other provisions hereof, and this Agreement shall be construed in all
respects as if such invalid or unenforceable provisions were omitted
17 Amendment
No change, amendment or modification of any provision of this Agreement
shall be valid unless set forth in a written amendment to this Agreement signed
by the Parties
18 Entire Agreement and Interpretation
,unt'7 moo I I
18 1 This Agreement sets forth the entire agreement of the Parties, and
supersedes any and all prior agreements with respect to the subject
matter of this Agreement The rights and obligations of the Parties
hereunder shall be subject and governed by this Agreement The
headings used herein are for convenience of reference only and shall not
affect the meaning or interpretation of this Agreement
182 This Agreement has been jointly drafted by the Parties, and is not to be
interpreted or construed against any Party as the drafter of this
Agreement
19 Independent Contractors
19 1 Except as expressly provided in this Agreement, no Party shall be
obligated or liable for any obligation or liability of another Party, and no
Party shall have, by virtue of this Agreement, any right, power or
authority to incur any obligation or liability of, to act as the agent or
representative of, or to otherwise bind another Party
19.2 The Parties hereto are independent entities and shall not be deemed to be
partners or j oint-venturers or agents of each other for any purpose
whatsoever
20 Dispute Resolution
20 1 Except as otherwise provided in this Agreement, any and all disputes
arising under this Agreement shall be resolved by binding arbitration
pursuant to this section 20
202 The Parties shall make good faith efforts to resolve by informal
discussion any dispute arising under or in connection with this
Agreement If at any time a Party to a dispute determines that such
informal discussions will not result in a resolution, such Party may
initiate binding arbitration of any dispute arising under or in connection
with this Agreement Any such arbitration shall be conducted pursuant
to the rules for commercial arbitration of the American Arbitration
Association or the rules of such other non judicial dispute resolution
service as agreed to by the Parties to the dispute In any such arbitration
proceeding, the Parties to such dispute shall have the rights of discovery
available to parties in civil litigation under the Federal Rules of Civil
Procedure
203 The award of the arbitrators shall be final, and may be enforced in any
June 27 ,wo 12
court having jurisdiction In making any such award, the arbitrators
shall have the authority to grant such relief as they deem appropriate,
including without limitation the award of damages and the granting of
specific performance
204 Pending the decision in any binding arbitration process pursuant to this
section 20, the Parties to such process shall continue to fulfill their
respective duties under this Design Agreement
21 Indemnification
Each Party hereto agrees to hold harmless, indemnify and defend the other
respective Party, its officers, employees and agents from any and all claims for
monetary damages due to physical injuries, including without limitation death
and property damages, when such claim arises from or the damages is alleged
to have been caused by or related to this Agreement, except that said
indemnity shall not extend to the gross negligence or willful misconduct of a
Party, or its officers, employees or agents
22 Third Party Beneficiaries
22 1 Except as specifically provided in subsection 22 2, none of the
provisions of this Agreement shall inure to the benefit of or be
enforceable by any third party
22.2 The Parties intend that the parties to the Second Supply Project
Agreement shall have the same rights as those granted to Kent and
Covington pursuant to section 8
23 Duty of Good Faith
The Parties agree that in taking actions or making determinations required or
provided for under this Agreement, each shall act with fairness and in good
faith
24 Execution in Counterparts
This Agreement may be executed in three counterparts, any of which shall be
regarded for all purposes as one original The Parties agree to execute any and
all deeds, instruments, documents and resolutions necessary to give effect to
the terms of this Agreement
25 Signature Clause
June 27 2000
� f
Each of the undersigned signatories represents and warrants that he has all
necessary and proper authorization to execute and deliver this Agreement on
behalf of the Party on the behalf of which he is signing
lun<?, 2000 14
COVINGTON WATER DISTRICT CITY OF TACOMA
By m By
15�s ornsby, resident Mark Crisson
Board of Commissioners Director of Utilities
B By
David R Knig t, Secr ry Kenne Merry
Board of Cormnisioners Water uperintendent
By %2 Approved as to Form
General Manager By
Mark Bubenik
Appro as to F Chief Assistant City Attorney
By 0 �
K C Cayce
General Counsel
CITY OF KENT
By
m Whrte 7-1/-o0
Mayor
By
Don Wickstrom
Public Works Director
Approved"as to Foorin, ' / j
By i[ v1�(/� I /lam 1.�' liL ,
rOv Roger Lubovich
City Attorney
Project Specifications
• Pipeline Material Specifications: The pipe and appurtenance materials will be
as determined earlier in the preliminary design for the Second Supply Project.
The pipe will be of spiral welded steel with coal tar enamel on the exterior and
polyurethane lining in the interior The pipeline involves approximately 4 2
miles of 60" diameter and 5 0 miles of 72" diameter pipe The pipeline will be
buned except for the bridged crossing over the Green River The short
connection from Pipeline No 1 to this pipeline is expected to be 24" diameter
The pipe and appurtenances will be provided in accordance with AWWA
Standards and Tacoma's standard technical specifications The design life of
the pipeline is expected to be over 100 years.
• Pipeline Route The pipeline connects to Tacoma's Pipeline No. 1
approximately 9000 feet downstream of Tacoma's Headworks Control
Building The pipeline continues westerly in the Second Supply Pipeline right
of way consisting of an old railroad right of way, undeveloped land, crossings
of private, City of Black Diamond and King County roads, along the John
Henry Coal Mine, through a gravel mine and along acquired easements along
Lake Sawyer Road This section of the pipeline will end at the intersection of
SE 304th Street and Lake Sawyer Road. See attached map- Exhibit B
• Metering and Telemetry: A connection with meter and associated telemetry at
the end of the pipeline will be designed later, if needed. If the full Second
Supply Project proceeds, the metered connections will be at other designated
locations
May 9,2000 Exhibit A
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KENT/COVINGTON SECTION OF
THE SECOND SUPPLY PIPELINE
e « E>C T
ie i A•
Ams
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Protect Quality Assurance Procedures
Conceptual design developed by Tacoma, other Project participants, and consultant
design leads/experts
20% Design Level
CH2M Designfrech Memos J JHDR Designfrech Memos MW Design/Tech Memos
CH2M QA/QC HDR QA/QC MW QA/QC
CH2M Prol Mgr Review
T R C Review
TRC=Technical Review Committee
'Sr CH2M, HDR, MW&Tupac experts (4) SSP Partner Workshop
-Review @ concept&20%
65% Design Level
CH2M Design HDR Design Mont Watson Design
CH2M QA/QC HDR QA/QC MW QA/QC
CH2M Prot Mgr Review
Tacoma/Partner Review Contractor Review
95% Design Level
CH2M Design HDR Design Mont Watson Design
CH2M QAIQC HDR QA/QC MW QAIQC
CH2M Prot Mgr Review
Tacoma/Partner Review
100% Design Level
CH2M Design HDR Design Mont Watson Design
CH2M QA/QC HDR QAIQC MW QAIQC
CH2M/Tac Pro? Mgr Reviews
Final Dwgs/Specs
4/17/00 Exhibit C
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300d .xd3 oo^o£rid.j2 INN I:QI 99'TT Oo, L"V-9C
Preliminary Budget
Summary of Estimated Tacoma and Consultant Costs for
Design and Permitting of the Kent/Covington Section of the
Second Supply Pipeline
Tacoma Costs S250,000 Page 2 attached for details
Consultant Costs S1,609,000 Page 3 attached for details
Total Estimate S1,859,000
Exhibit E
Kent/Covmgton Agreement May 2,2000 Page I of 3
Preliminary Budget
Tacoma Costs:
Estimated Tacoma Water (In-house) design/administration costs for the
for the Kent/Covington Section* of the Second Supply Pipeline
Task Hours Budget
Management/Admen 900 $70,000
Design 800 $50,000
Clearing** 0 $50,000
Surveying 700 $30,000
Specs/drawings 750 $30,000
Permit fees 0 $20,000
TOTAL 3,150 $250,000
*PL##1 to SE 304th St &Lake Sawyer Road with Tacoma designing the section
from SR169 to SE 304th St
**Clearing by contractor sufficient for surveying (20' wide strip)
Exhibit E
Kent/Covington Agreement June 6, 2000 Page 2 of 3
Second Supply Project Consultant Budget for Final Design-
Kent/Covington Section
Task Task Name Hours Labor$$ Expenses CDC Cost Total$$
101 1 Administration Services 180 13,128 1,610 0 14,738
101 2 Pro ram Manager 320 39,060 3,649 0 42,709
101 3 Regulatory Program Management
101 3 1 Overall Project Regulatory Strategy 200 25,720 1,286 0 27,006
101 34 Auburn Narrows Mite ation Site 88 11,120 556 0 11,676
101 3 5 Project GIS 54 4,974 249 0 5,223
205 1 Permit Acquisition/Assistance AESI 18,100 1,4401 19,540
205 1 1 Permit-U S Army Corpof Engineers 24 2,256 113 0 2,369
205 1 2 Permit-WA Dept of Fisheries 48 4,488 224 0 4,712
205 1 3 Permit-Dept of Ecology 48 4,488 224 0 4,712
205 1 4 Permit-WA Dept of Natural Resources 32 3,000 150 0 3,150
205 1 6 Permit-WA Department of Health 46 4,198 210 0 4,408
20518 Permit-King County 124 12,864 643 0 13,507
205 1 13 Permit-City of Black Diamond 60 6,040 302 0 6,342
205 1 16 Permit Railroads 541 5,170 259 01 5,429
2060 Permit Conditions and Compliance Plan 96 8,882 444 0 9,326
207 0 King Cc CMP Implementation 52 4,974 249 0 5,223
209 1 Permit Set up/Track/Report 100 9,244 462 0 9,706
209 2 Perm ittin /Desi n Coordination 254 39,188 1,959 0 41,147
2107 Geotechnical Permitting Support 62 6,440 322 0 6,762
2209 BPA/Pu et Coordination 50 5,783 289 0 6,072
211 1 2 Lining/Coating Lining/Coating 18 1,844 20 134 1,998
2140 Corrosion Protection
2141 Induced Current and Voltages 1161 11,020 1,264 01 12,284
2142 Stray Current 24 2,231 259 0 2,490
2143 Corrosion Recommendations 140 13,766 1,358 134 15,258
2201 -.MaDpinq 318 30,940 5,944 2,665 39,549
2202 Surveying 78 6,585 0 654 7,239
2202 Surveying- INCA 1,956 131,750 10,750 0 142,500
2203 Special Crossings Verification 384 41,446 1,821 1,542 44,809
22032 Special Crossings- Upper RR Crossing 70 6,552 900 587 8,039
2221 Water Treatment Evaluation 24 2,686 0 201 2,887
301 0 Geotechnical Design (Investigation) 321 4,160 405 0 4,565
301 0 Shannon & Wilson Geotech Design (Investigation) 1,1311 98,533 1,770 27,355 127,658
301 2 Mile 1 7 to 8 0 48 5,876 0 402 6,278
3021 Civil
3021 2 Mile 1 7 to 8 0 1,840 211.329 5,343 15,419 232,091
302 1 3 Std Dtis-Trnch, bkfll, eyrnt, valves, pipe, etc 8 72 7,972 1,792 603 10,367
3022 Cost Estimate &coordinate Mothers 116 10,042 0 9721 11,014
3022 Environmental Control Procedures 1,962 199,617 22,047 01 221,664
30221 Mile 1 7 to 2 2 8 1,040 0 67 1,107
302 2 2 Mile 2 2 to 8 0 1101 12,438 0 922 13,360
302 3 Cathodic Protection Design
302 3 1 Mile 1 7 to 2 2 210 19,691 2,276 0 21,967
362 3 2 Mile 2 2 to 8 0 232 23,055 1,947 436 25,438
30233 Mile 8 0 to 10 7 (TPU Portion) 164 15,415 1,779 0 17,194
30234 Coatings, Special Crossings, Misc Corrosion 72 7,252 805 0 8,057
306 Structural 960 86,355 4,318 12,500 103,173
307 Drawings 1,148 106,764 32,264 9,620 148,648
308 Specifications 423 43,756 1,003 2,883 47,642
3081 Specifications- P1 Vault 33 3,551 400 277 4,227
302 1 6 Sec Coordination and processing for others 96 9,176 0 804 9,980
309 Project Administrative Services 900 59,360 8"03 0 67,863
403 1 Construction Mgt(Bidding Assistance 48 5,608 I 287 0 5,895
TOTALS 14,625 $1,408,926 $120.457 $79,617 $1,609,000
Exhibit E
6127/00 Page 3 of 3
Special Provisions for CWD and Kent-
The Covington Water District (Covington) and the City of Kent (Kent) have a
mutual need to receive deliveries of firm water from the Second Supply Project
(Project) at the earliest date possible To achieve this objective, Covington and/or
Kent desire to complete the design, permitting and construction of the upper
portion of the Project pipeline without further delay The upper portion is located
beginning from a point approximately 9000 feet west of the Headworks Control
Building to S E 3040i Street
Covington and/or Kent will enter into an agreement with Tacoma for the design
and permitting of full Project capacity in this upper portion of the Project pipeline.
It is expected that this agreement will be approved in June 2000, at which time the
design team led by CH2M/Hill will immediately proceed with this work with an
estimated completion date of March 2001. Covington and/or Kent will pay for the
cost of this design work and contract management will be done by Tacoma. All
costs associated with this work will be considered reimbursable costs to be shared
by Project partners in accordance with the Second Supply Project Agreement.
During the remainder of the year 2000 and while the design work described above
is proceeding, Tacoma expects to receive an Incidental Take Permit from the U S
Fish & Wildlife Service and the National Marine Fisheries Service pursuant to its
Green River Habitat Conservation Plan Also, Tacoma plans to finalize and
approve the Second Supply Project Agreement with Project partners, finalize the
financing plan for the Project, and seek final approval from the Tacoma Public
Utility Board and Tacoma City Council to proceed with completion of the Project
It is anticipated that the timing of these events will be such that transition from
design to construction of the portion of the project most critical to Covington and
Kent can proceed smoothly
An assessment of progress on the Tacoma efforts described immediately above
will be made periodically during the design period If it becomes evident at some
point that approval to proceed with the full Project will likely be delayed,
Covington and/or Kent may initiate construction of the upper portion of the Project
pipeline through a written request to Tacoma The upper portion will be sized to
provide full Project capacity The costs of this construction will be paid by
Covington and/or Kent with all funds expended to be credited to their obligation of
the full Project costs
June 27, 2000 Page 1 of 2 Exhibit Q
If a decision is made by Covington and/or Kent prior to the end of 2002 to
construct the upper portion of the Project pipeline, Tacoma will commit to provide
water to Kent and/or Covington as described below Upon completion of
construction, Tacoma will provide firm supplies to Covington and Kent of up to 10
MGD (5 MGD each) during the summer months (June 15�' to September 15`h)
until 2007 unless proportionately reduced by drought or emergency conditions
After 2007, the amount will reduce by 2 MGD (1 MGD each) each year as so.
2007 10 MGD
2009 8 MGD
2009 6 MGD
2010 4 MGD
2011 2 MGD
2012 0 MGD
Kent and Covington can receive additional water on an as available basis year
around
Tacoma will receive its pubhshed Constant Use Customer wholesale rate for the
water delivered to Covington and Kent. In the event the design or construction of
the upper portion of the Project pipeline were to initiate any mitigation concerns,
Tacoma commits to work with the involved parties to assure that the applicable
mitigation agreements will be implemented upon use of Second Diversion water
rights
If at some point after construction of the upper portion is completed, Kent and
Covington desire to extend this pipeline to Tacoma's Headworks Building, they
may provide Tacoma written notice of that desire Once the Project pipeline is
extended to the Headworks, and mitigation and permitting issues with applicable
agencies are resolved, Covington and/or Kent will each be entitled to 1/9 of the
Second Diversion water in accordance with the intent of the provisions in the
Second Supply Project Agreement Other parties may share in the cost of this
extension in accordance with the intent of the provisions in the Second Supply
Project Agreement
rune 27,2000 Page 2 of 2 Exhibit Q