HomeMy WebLinkAboutCAG1985-003 - Original - City of Tacoma - Regional Cooperation in the Supply of Water - 07/29/1985 O'fyIISION9+ Please addresy reply to:
City of Tacoma
Light
Department of Public Utilities
Water P. O. Box 11007
/
Belt Line T Tacoma, Washington 98411(206) 383-2471
Attention:
!V,4S/Y/N67-ON
DEPARTMENT OF PUBLIC UTILITIES
Paul J. Nolan, Director /n)
August 6 , 1985
King County Water District #124 �iQ 2l
P. 0. Box 4249
Federal Way, Washington 98063
i
King County Water District #111
27239 132nd Avenue S.E. AUG 8 1985
Kent, Washington 98042
i
King County Water District #105
30033 188th Avenue S. E.
Kent, Washington 98032
City of Kent
ri 220 4th Avenue South
Kent, Washington 98032
South King County Regional Water Association
c/o Water District #124
P. O. Box 4249
Federal Way, Washington 98063
Gentlemen:
Enclosed for your file is a signed original of the
"Contract Between the Regional Water Association of South King
County, Its Member Utilities and the City of Tacoma,
Department of Public Utilities " dated April 16 , 1985.
Very truly yours,
WJ40-1--
Kenneth F. Olson
Superintendent
Water Division
KFO:rl
Enc.
April 16 , 1985
CONTRACT BETWEEN THE REGIONAL WATER ASSOCIATION
OF SOUTH KING COUNTY , ITS MEMBER UTILITIES AND
1 THE CITY OF TACOMA, DEPARTMENT OF PUBLIC UTILITIES
2
3 This Contract between the Regional Water
4 Association (RWA) of South King County , its member
5 utilities , and the City of Tacoma, Department of Public
6 Utilities (Tacoma) is intended to promote regional
7 cooperation in the supply of water to the areas served by
8 the RWA and Tacoma . This Contract shall be referred to as
9 the 111985 RWA Contract" , and is mad and entered into
10 effective this �9 ay of ML , 1985 , and
11 WHEREAS, the RWA under this 1985 RWA Contract
12 shall be entitled to 15 million gallons per day from the
13 City of Tacoma' s Second Diversion Water Right, Permit No.
14 3787 , on the Green River and from any additional water
15 sources developed by Tacoma to assure the availability of
16 15 MGD to the RWA, and
17 WHEREAS, in consideration for the guarantee of a
18 15 MGD supply of water from Tacoma, the RWA, and its herein
19 stated members agree to participate in the funding,
20 development and use of the Pipeline 5 Project and
21 associated facilities as herein provided, and
22 WHEREAS, Tacoma intends to use revenue bond
23 financing for the cost of construction of the Pipeline 5
24 Project and a supply contract with the RWA will facilitate
25 the financing and benefit both Tacoma and RWA members ; and
26 WHEREAS, the parties also recognize the potential
27 benefits of future cooperation in the water source
28 development area and such future cooperation may include
I securing water storage for municipal and industrial use at
2 Howard Hanson Dam, development of an intertie between the
3 Pipeline 5 Project and the City of Seattle , and development
4 of groundwater supplies along the Pipeline 5 right-of-way ,
5 and
6 WHEREAS, the Pipeline 5 Project is consistent with
7 state and local planning , including plans and programs of
8 Tacoma, the RWA and its member utilities; and
9 WHEREAS, improving water supplies and avoiding
10 depletion of groundwater sources will protect and enhance
11 the public health, safety and welfare ; and
12 WHEREAS, an "Environmental Impact Statement for
13 the Second Green River Diversion 6 Transmission Project"
14 (Pipeline No . 5 Project) was prepared in 1980 in accordance
15 with the Washington State Environmental Policy Act , RCW
16 43 .21C ; and
17 WHEREAS, this agreement is intended to positively
18 respond to the following identified concerns as stated :
19 A. There is a growing and soon to be critical need for
20 additional sources of water in South King County.
21 Identified groundwater (wells) in South King County may
22 not be adequate to supply the long-term water needs of
23 the RWA customers . Even if groundwater is found,
24 variability in costs of electrical power may lead to
25
significant variations in the cost of production.
26
Gravity fed surface water sources , such as the Green
27
River, provide a desirable and complimentary source of
28
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l supply to augment existing groundwater sources .
2 Utilization of the Green River supply in conjunction
3 with existing and future groundwater supplies will
4 maximize the net benefit to residents of the State from
5 utilization of the Green River. No other surface water
6 supply is readily available and identified as a source
7 of public water supply . In addition, utilization of
8 groundwater supplies in conjunction with the Green
9 River surface supply allows conservation of flows in
10 the Green River during low flow when municipal and
11 industrial demands can be met from groundwater sources .
12 B. Increasing urbanization of South King County may
13 increasingly affect the quality of existing groundwater
14 sources .
15 C . The Green River is an environmental, recreational and
16 economic asset to King County and the region and
17 participation by a regional King County Water
18 Association in its use will increase its beneficial use
19 within King County .
20 D . The various South King County water purveyors cannot,
21 individually or collectively , afford the cost of
22 developing a Green River water source and piping it to
23 the ultimate King County users . Therefore , joining
24 with Tacoma will permit South King County RWA members
25 access to this water source and economies of scale .
26 Tacoma' s present stand-by wells and other facilities
27
will guarantee a firm and economical supply of water .
28
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I E . The Regional Water Association of South King County ,
2 and its member municipalities , have carefully studied
3 Tacoma ' s Green River source and pipeline , and have
4 compared it against alternative water supply sources .
5 Studies have shown that Tacoma 's Green River pipeline
6 will provide a stable long-term source of water at a
7 reasonable long-term cost to RWA members . However, RWA
8 members plan to continue joint exploration of water
9 supply beyond that provided by this Contract . In the
10 long-term, the water provided by this Contract will
11 only meet part of South King County's needs .
12 F . Tacoma' s 1980 Water Supply Plan proposed the delivery
13 of approximately 15 MGD in South King County. This
14 plan formed part of the supporting documentation for
15 Tacoma ' s application for a 100 cfs water right on the
16 Green River, referred to by Tacoma as the "Second
17 Diversion Water Right . "
18 G . Participation in the Pipeline 5 Project by South King
19 County purveyors would assist in financing the pipeline
20 project by the City of Tacoma.
21 H . The parties intend to jointly seek State , Federal or
22 other governmental grants or monies available for
23 projects of this nature. A major regional project of
24 this nature should receive priority to any such funds,
25 as compared with separate
p p projects of the RWA members .
26 NOW, therefore, the RWA, its member utilities and
27
Tacoma agree as follows .
28
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1 . PARTIES TO THE AGREEMENT. The parties to this 111985
2 RWA Contract" are the (1) Regional Water Association of
3 South King County ( "RWA") , a non profit corporation made up
4 of South King County municipal water purveyors , (2) certain
S RWA members including King County Water District No. 124 ,
6 (3) King County Water District No . 111 , (4) King County
7 Water District No . 105, (5) and the City of Kent in their
8 individual capacities , and (6) the City of Tacoma,
9 Department of Public Utilities ("Tacoma" ) .
10 2. TERM. This Contract shall continue for the life of
11 Pipeline 5 , subject to the following terms and conditions .
12 Twenty five years from the effective date of the Contract
13 and every ten years thereafter, the parties may re-evaluate
14 the formula specified herein for sharing Operation and
15 Maintenance Costs to insure it is reasonably equitable . If
16 after an such re-evaluation all y parties determine that
17 the Operation and Maintenance Costs are such that this
18 agreement should be terminated or this formula amended ,
19 then such action shall be taken , pursuant to the
20 contracting procedures of each party . However , if less
21 than all of the parties believe this formula should be
22 amended , then the matter shall be submitted to arbitration
23 as provided in paragraph 12.
24 The key facilities and general area discussed in
25
this contract is pictorially presented in Exhibit 1, which
26
is incorporated herein by this reference .
27
In the event that termination of this agreement is
28
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I desired , said matter shall be negotiated with all other
2 parties and if unsuccessful , then resolved by litigation .
3 3 . QUANTITY. Tacoma will provide to RWA, for its
4 members , 15/65ths of the total capacity of the Pipeline 5
5 Project (as limited by Tacoma' s "second diversion" water
6 right , Permit #3787) , with sufficient supplementary
7 facilities to assure delivery of 15 MGD of water under all
8 conditions of river turbidity and water right low flow
9 restrictions. RWA and each member party to this Contract
10 agrees to pay for Tacoma ' s costs of water supply and
it delivery, as provided in this agreement irrespective if
12 they take all or a portion of their water entitlement.
13 Fifteen MG shall be the maximum daily amount delivered to
14 the RWA and shall be measured at meters installed at
15 locations as generally shown in Exhibit #1 . Meters shall
16 be located within the Pipeline 5 right-of-way and
17 installation costs shall be funded on a 50-50 basis between
18 Tacoma and RWA members .
19 The meters shall be subject to testing to verify
20 accuracy by any party upon prior notice to the other
21 parties provided the cost of testing is paid by the testing
22 party and the test results made available to all other
23 parties. Distribution and transmission piping downstream
24 of the meters shall be the responsibility and expense of
25 RWA members.
26 Under no circumstances will Tacoma be responsible
27
for the construction, operation, maintenance , repairs ,
28
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I replacements and upgrades of any such RWA facilities nor
2 shall Tacoma be required to make any reimbursement of any
3 nature whatsoever to the RWA and its members for their
4 present or future water facilities unless expressly
5 provided herein. Operating and maintenance expenses for
6 meters shall be paid by RWA members . RWA members shall not
7 take water in excess of 15 MG on a daily basis unless
8 authorized by letter from Tacoma' s Water Division
9 Superintendent. Instantaneous withdrawal by RWA members
10 may exceed 15 MGD by 15% without penalty. If consumption
11 by RWA members of over 17.25 MGD occurs at a frequency
12 unacceptable to Tacoma, then Tacoma may require RWA to
13 install flow limiting devices at the point of withdrawal
14 from the Tacoma system at RWA expense.
is Water provided to the RWA members by Tacoma
16 pursuant to this Contract shall be obtained from the
17 following sources in general order of priority:
18 1 . The Green River pursuant to the water right limitations
19 placed upon the City of Tacoma in Permit No. 3787 issued by
20 the Department of Ecology .
21 2 . The North Fork wellfield in the event that turbidity in
22 the Green River exceeds acceptable water quality limits.
23 3 . Supplementary sources when low flow in the Green River
24 requires cessation or reduction of water withdrawal under
2s Permit No. 3787. Potential supplementary sources are as
26 follows :
27
(a) Water may be pumped from groundwater supplies.
28
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I (b) Water may be provided from new storage developed
2 at Howard Hanson Dam after 1985 if available .
3 (c) Water may be provided from other sources of
4 supplementary supply not currently identified .
5 When the Green River Water Right Permit No. 3787 or other
6 causes require reduced usage from this said source , then
7 the amount of water utilized from supplementary sources
8 will ( for all parties) be proportional to the required
9 percent reduction from said Green River source . Therefore,
10 additional pumping costs during these said periods shall be
11 prorated accordingly among all the parties hereto.
12 Tacoma is relieved of its obligation to supply
13 water pursuant to this Contract in the event of damage to
14 Pipeline 5 Project including its intake facility and/or
15 supplementary sources which damage results from earthquake,
16 other natural disasters and Acts of God, damage by others,
17 and/or total or partial system failure beyond the
18 reasonable control of Tacoma. In the event of such damage,
19 Tacoma shall act in a timely fashion to bring about
20 resumption of water service . Upon reasonable advance
21 notice , Tacoma may shut down the Pipeline 5 Project for
22 maintenance and repair.
23 Tacoma will design source of supply facilities
24 (and the parties hereto hereby agree to pay for such
25 facilities) to be capable of meeting supply
26 responsibilities continuously except in the event of one in
27
fifty year drought . Drought conditions of greater severity
28
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I may require restrictions on the delivery of water. If such
2 restrictions are necessary , Tacoma will reduce the quantity
3 available to RWA members on the same basis as Tacoma
4 restricts its direct service customers .
5 4 . WATER QUALITY. The quality of water to be supplied
6 pursuant to this agreement shall be in compliance with all
7 applicable governmental standards and laws for domestic
8 water supply. If in the future water quality does not meet
9 applicable governmental requirements , Tacoma shall take
10 such immediate and reasonable steps as may be feasible to
11 correct deficiencies .
12 If government laws and regulations effective prior
13 to September 1987 have the effect of requiring Tacoma to
14 develop filtration or other water quality enhancement
15 facilities , the parties to this Contract shall have the
16 option of cancelling this Contract or renegotiating this
17 Contract upon a p party giving ninety (90) days prior written
18 notice to the other parties .
19 If after September 1987, certain laws or
20 regulations become effective which have the effect of
21 requiring Tacoma to develop filtration or other water
22 quality enhancement facilities then the q y , parties hereby
23 agree to participate in the costs of these facilities in
24 the same proportion as their share of the water treated by
25 said facilities .
26 It is understood and agreed that the future cost
27
for such water quality enhancement facilities cannot be
28
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I precisely estimated and allocated at the time of executing
2 this Contract . Therefore , it is agreed that the future
3 obligation to participate as above provided is binding even
4 though
g precise details are not stated in this Contract . In
5 the event that any party does not desire to participate (as
6 herein provided) in such water quality enhancement
7 facilities or in the event a party hereto challenges its
8 legal obligation to participate , then after written notice
9
to said party by the Water Division Superintendent for
10
Tacoma, and after passage of 60 calendar days and either no
11
written commitment to participate or refusal to participate
12
by a party hereto, then Tacoma may totally terminate said
13
nonparticipating party ' s rights, obligations and benefits
14
under this agreement . Provided, however, upon such
15
termination, Tacoma shall offer to the remaining RWA
16
members (e.g . parties hereto) , the first right of refusal
17
to take over all or a portion of said nonparticipating
18
member' s share . This said first right of refusal must be
19
accepted in writing by one or more remaining RWA member
20
parties hereto within 90 days of such offer . If no party
21
accepts such offer within such period or if part of the
22
share remains , then said share or portion of the
23
nonparticipating member ' s allotment shall automatically
24
revert to Tacoma.
25
5 . MAXIMUM PLANT COSTS. The current estimate of capital
26
costs to Tacoma for providing the service to the parties as
27
provided in Section 3, herein is $15 million dollars , based
28
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I on CPIW (Consumer Price Index - Wage Earners in the
2 Seattle-Everett area) of 307 referenced to a level of 100
3 in 1967. Immediately prior to construction when the
4 project costs are more clearly defined , the projected cost
5 of construction will be compared to the $15 million dollar
6 estimate as adjusted by the then current CPIW. If on or
7 before the 90th day prior to the date of the sale of bonds
S by Tacoma financing the Pipeline 5 Project , the costs to
9 the RWA utilities will exceed the current $15 million
10 dollar estimate, as adjusted by the then current CPIW, by
11 more than 10%, then the RWA utilities or Tacoma shall have
12 the option of reopening contract negotiations or
13 withdrawing from the Contract . Those elements of project
14 cost which have been incurred by Tacoma prior to January 1 ,
15 1985 shall not be escalated in determining the maximum
16 plant cost . Provided, however , Tacoma shall have the
17 option of providing service (to the parties hereto) at the
18 $15 million dollar 1983 estimate , as adjusted by the then
19 current CPIW , plus 10% even if Tacoma' s cost of providing
20 this service is greater. If Tacoma so commits itself to
21 proceed , then each RWA member agrees to be bound to this
22 Contract .
23 6 . WATER COST. Each RWA members ' cost of water ( "water
24 cost" ) is based on the total of: (1) A proportionate share
25 (expressed as a percentage) of the plant cost of financing
26 and constructing the facilities necessary to bring Green
27 River water and backup source water into the South King
28 -11-
I County region; and (2) A proportionate share (expressed as
2 a percentage) of the Operation and Maintenance Costs
3 necessary to maintain the facilities described above and to
4 maintain a firm supply of water as described in Section 3.
5 A sample calculation of such costs based on 1983 dollars is
6 attached in a document entitled "Estimated Costs for
7 Provision of 15 MGD Firm Capacity to the South King County
8 Regional Water Association" dated June 21 , 1984, which
9 formula is attached as Exhibit No . 2 and is incorporated
10 herein by this reference . The calculation method described
11 in Exhibit 2 shall be used to allocate water costs for each
12 RWA member based on curent dollar value . The figures
13 referred to above are estimated and will be adjusted as
14 necessary based on actual construction, financing ,
15 operation, and maintenance costs at the time the same are
16 incurred.
17 (a) Operation and Maintenance (0&M) Costs as herein
18 referenced will include all of Tacoma' s costs and expenses
19 attributable to meeting the commitments herein included
20 within the scope of this Contract . Subject to the
21 foregoing, "0&M" costs will include, but may not be limited
22 to : (1 ) all ordinary operation and maintenance expenses ,
23 such as repairs, replacements , upgrades and maintenance ;
24
(2) administrative expenses related to 0&M including
25
expenses for facility ownership , planning and design,
26
administrative overhead , insurance , legal costs ,
27
accounting, and collection expenses ; and (3) extraordinary
28
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I upgrades , repairs, or replacements as hereinafter defined
2 in subsection (b) .
3 The prorated share of Tacoma ' s operation and
4 maintenance costs which each RWA member will pay is
5 calculated based on the amount of water which Tacoma is
6 committed to provide to said RWA member . The method of
7 calculating Operations and Maintenance Costs shall be based
8 on the last preceding calendar year' s actual Operation and
9 Maintenance Costs , plus any substantial known operation or
10 maintenance cost that can be estimated for .the current year
11 plus an adjustment for anticipated inflation which shall be
12 identified to each RWA member in writing by Tacoma.
13 Overcharges and undercharges will be credited or debited
14 accordingly in the following year .
15 Prior to January 1 of each year Tacoma shall
16 develop variable operation and maintenance costs per
17 million gallons supplied for each of the sources of water
18 discussed in the fourth paragraph of Section 3. These
19 costs shall represent the actual .reduction in costs to
20 Tacoma if RWA elects not to utilize the full 15 MGD
21 available under this Contract . If RWA members elect to use
22 an alternate source of supply rather than withdrawal of the
23 full amount allowed by contract from Pipeline 5 , then
24 Tacoma shall provide a credit to each applicable RWA
25 member ' s 0&M portion of the bill equivalent to the actual
26
savings to Tacoma.
27
(b) Extraordinary Upgrades , Repairs or Replacements ,
28 -13-
I for purposes of this agreement, will be any necessary
2 upgrade, repair or replacement cost for the Pipeline 5 ,
3 Second Diversion Project and supplemental facilities
4 mentioned herein that are subject of this agreement (or
5 amendments to this agreement) which will cost more than $3
6 million dollars based on 1984 dollar value. In the event
7 Tacoma decides that any such extraordinary upgrade, repair
8 or replacement is necessary, and if the resultant allocated
9 0 & M increase in cost to RWA members will increase by more
10 than 10% over the previous most expensive year (based on
11 equivalent value dollars) , then said cost shall be financed
12 and or paid for over a period of time of not less than
13 three years .
14 (c) Financing for the capital costs of this project
15 will be obtained by the City of Tacoma. Establishment of
16 levelized (debt service) payment in equal monthly payments
17 shall be made by the parties hereto for payment of Project
18 5 and other capital costs . Alternative schedules of
19 payment may be acceptable if agreed to by the parties .
20 Commencement of debt service payments shall not precede
21 delivery of water unless agreed to by both parties .
22 Payment of each RWA member ' s share of existing
23 Tacoma facilities , new source facilities and other
24 facilities as set forth in Exhibit 2 shall be spread over
25 the same term as each RWA member' s share of the cost of
26 construction provided that a financing cost shall be added
27 to such principal costs to reflect Tacoma' s cost to
28 -14-
finance . Financing costs shall be billed and paid as
1
provided in paragraph (d) below. RWA members will be
2
entitled , on a proportionate basis, to any financing
3
benefits , including refinancing and sinking fund returns ,
4
to which Tacoma may avail itself. Payments made by RWA
5
members to Tacoma for debt repayment purposes shall be
6
maintained by Tacoma in an interest bearing account until
7
8 bond payments are due . Interest earned prior to disbursal
shall be credited to the account of the RWA members, and
9
the RWA members shall bear the full costs of administering
10
this account.
11
12 (d) The water costs identified in this agreement shall
13 be billed in equal monthly installments on the 15th day of
14 the next month following each month of service and the
IS account shall be paid to Tacoma within thirty (30) days
after the issuance date of the invoice. If any charge or
16
17 portion thereof due to Tacoma shall remain unpaid for
18 fifteen (15) days following its due date, the member party
19 shall be charged with and pay to Tacoma interest on the
20 amount unpaid from its due date until paid at the rate of
21 10% per annum, and Tacoma may, upon failure to pay such
22 amounts, including interest , enforce payment by any remedy
23 available at law .
24 (e) All Project 5 and supplemental facilities shall be
25 owned by Tacoma and this Contract shall not result in the
26 sale , transfer or assignment of any ownership interest in
27 such facilities to the RWA or any RWA member party to this
28 Contract .
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I ( f) Any grants obtained for the construction of the
2 Pipeline 5 Project shall first be applied to the
3 construction cost of the transmission pipeline itself and
4 Headworks modifications necessary to utilize the pipeline .
5 Any RWA member hereto may elect to pay cash for
6 any of the (to be financed) project expenses . Provided,
7 however, when an election to pay cash is made , notice to
8 Tacoma shall be given 90 days prior to the scheduled date
9 for selling bonds or obtaining financing.
10 Upon retirement of the bonds , (and any refinancing
11 bonds) , the cost of water to each RWA member will be its
12 continuing share of the Operation and Maintenance Costs of
13 the project (as explained herein) .
14 (g) In addition to the above stated costs , the RWA
15 parties hereto agree to reimburse to Tacoma an amount equal
16 to all of the taxes or in-lieu-of taxes that are imposed on
17 the City of Tacoma, Department of Public Utilities , Water
18 Division as a result of implementing this contract .
19 RWA parties hereto also agree to pay the gross
20 earnings tax (as amended in the future) that is passed on
21 to all of Tacoma' s customers and which is currently at 8%.
22 This tax shall be calculated based only on the total O&M
23 and administrative charges under this contract .
24 7 . RESPONSIBILITY FOR COST. The below listed
25 individual RWA members hereby guarantee to pay for only
26 their proportionate share of the total cost of the 1985 RWA
27
Contract, which cost is a portion of the debt service for
28
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I the revenue bond financing of the Pipeline 5 Project plus
2 other costs all as specified in Section 6 herein. The
3 total cost to each of the below listed RWA members is
4 agreed to be shared as specified below according to their
5 proportionate entitlement to the 15 MGD Pipeline 5 Project
6 water . The individual below listed RWA members agree to
7 pay their proportionate share of said costs irrespective -of
8 whether they take all of their respective water
9 entitlement. The individual RWA member share is as follows :
10 Water District 124 30.77%
11 City of Kent 30.77%
12 Water District 105 23.08%
13 Water District 111 15 .38%
14 In the event that any RWA member does not ,
15 ( following the signing of the Contract) , elect to take its
16 entire share as shown above , then the RWA shall have the
17 right to reallocate all or a portion of the unsubscribed
18 water among its members. If the above RWA members do not
19 desire to take RWA' s entire share of the water, then future
20 RWA members will be given the opportunity to buy the same ,
21 provided each RWA member remains responsible for the costs
22 as herein specified unless another now existing RWA member
23 or other entity as approved by Tacoma agrees by formal
24
written agreement to be responsible for the same . Said
25
adjustments shall be finalized at least 90 days prior to
26
the proposed date for obtaining financing .
27
If any RWA member shall, in the future, default on
28
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I any payment required herein, then the remaining RWA members
2 have the option to within 90 days of such default, pay such
3 amount and take the defaulting members ' water share. In
4 the event of a dispute between RWA members on the
5 allocation of said share, the RWA board of directors shall
6 make the final decision which shall be binding on all of
7 the parties . RWA shall not be liable for the individual
8 actions of its members .
9 Each RWA member party to this Contract hereby
10 irrevocably obligates and binds itself to pay its water
11 costs out of the gross revenues of the water system of the
12 member . Each such member further binds itself to
13 establish, maintain and collect charges and fees for water
14 service and connection which will , at all times , be
15 sufficient to pay the member' s proportionate share of all
16 water costs for the Project , including specifically amounts
17 sufficient to pay the member' s proportionate share of the
18 principal of and interest on revenue bonds of Tacoma for
19 the Project which shall constitute a charge upon such gross
20 revenues . It is recognized that the 0&M component of the
21 water cost charges paid by each such member to Tacoma shall
22 constitute an expense of operation and maintenance of the
23 member ' s system . Each such member shall provide in the
24 issuance of its future water revenue bonds that expenses of
25 maintenance and operation of its water system shall be paid
26
before payment of principal and interest of such bonds .
27
Each party shall have the right to fix its own schedule if
2s
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1
rate , fees and charges for water services provided the same
2
shall produce revenue at least sufficient to meet the
3
covenants contained in this Contract.
4
8 . STORAGE. Future distribution storage facilities are
5
not included in the costs referenced in Section 5.
6
However, the parties will explore the possibility of joint
7
water distribution storage facilities .
8
9 . PURCHASE BY TACOMA . RWA members agree to give
9
Tacoma the right of first refusal to purchase any surplus
10
water available within their districts during the first
11
five years of Pipeline 5 Project operation at their cost of
12
production.
13
10 . SCHEDULE, WITHDRAWAL AND LIABILITY. Due to unknowns
14
in the permitting process, Tacoma cannot at this time set a
15
fixed date at which time water from the project will be
16
available to the RWA. In order to meet the water supply
17
requirements of the RWA, the water must be delivered by
18
January 1 , 1990 . In addition the RWA must be assured on or
19
before January 1 , 1987 that it is feasible for Tacoma to
20
meet the January 1 , 1990 deadline . Therefore , Tacoma,
21
based on the status of its permitting efforts and
22
reasonable project schedule , shall provide a firm
23
24 commitment to the RWA on or before January 1, 1987 that
25 water will be delivered to the RWA by January 1 , 1990. The
26 inability of Tacoma to make this commitment on or before
27 January 1 , 1987 will be grounds for RWA or Tacoma
28 withdrawal from the agreement or reopening of negotiations .
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Tacoma ' s performance of its obligations pursuant
2 to this agreement is conditioned on its ability to obtain
3 the necessary permits , approvals , financing and franchises
4 for the Pipeline 5 Project . It is known by all parties
5 that the Water Rights permit for Pipeline 5 Project is in
6 litigation and that the following milestones are necessary
7 to Project implementation.
8 January , 1987 - Tacoma will identify all permits
9 obtained and remaining to be acquired. Tacoma will present
10 a construction schedule .
11 July , 1987 - Tacoma will provide current cost
12 estimates for the capital construction program necessary to
13 implement this agreement . Tacoma will establish an
14 estimated operation and maintenance schedule for the
15 implementation of this agreement .
16 September, 1987 - Based on RWA' s acceptance of the
17 cost figures presented by Tacoma in July of 1987, Tacoma
18 will proceed from this point on final design, financing and
19 construction with no reversal of RWA participation except
20 by mutual agreement .
21 January 1 , 1990 - Pipeline 5 Project begins
22 service of water to RWA. Schedule may be adjusted by
23 mutual agreement . Construction delays resulting from
24 strike , natural disaster, or other Acts of God and forces
25 beyond the control of the City of Tacoma shall not
26 constitute a violation of the terms of this Contract by
27
Tacoma.
28
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I Notwithstanding any other provision or wording in
2 this agreement to the contrary , the parties hereto
3 executing this agreement , shall be legally bound to the
4 financial obligations and the water delivery obligations
5 specified herein . Therefore , in the event that any party
6 withdraws , transfers its interests or has its rights
7 terminated pursuant to the terms of this agreement , the
8
said withdrawing or terminated party remains liable to all
9
other parties hereto for monetary damages as may be
10
available at law; provided that withdrawal without
11
liability is permitted in the event (1) project costs
12
exceed the maximum amount as set forth in Section 5 of this
13
agreement; (2) the project schedule is not met as set forth
14
in this agreement (in this Section 10) or (3) Tacoma is
15
unable to obtain the necessary permits, approvals or cannot
16
obtain financing that is acceptable to Tacoma.
17
By executing this Contract the parties are not
18
assuming any liabilities , except as provided expressly
19
herein, nor waiving or relinquishing any powers or
20
jurisdiction granted to them by law.
21
An RWA member ' s proposed transfer or assignment of
22
rights and/or obligations specified herein to another party
23
shall be subject to Tacoma' s approval , which approval shall
24
not be unreasonably withheld. Provided, however , the
25
transferring or assigning party shall remain secondarily
26
liable to Tacoma for any and all payments not made by the
27
28 assignee party to Tacoma .
-21-
I In the event that any party hereto fails to pay
2 its obligations as set forth in this agreement within 60
3
days of the original invoice , then Tacoma shall send notice
4 to the other RWA members , (parties hereto) , of their
5 opportunity to reallocate the water share as permitted by
6
Section 7 herein. In the event that Tacoma does not
7
receive a written binding commitment within 90 days of the
8
original subject invoice date to assume and immediately pay
9
the outstanding obligation by another party hereto, then
10
Tacoma may proceed to terminate such defaulting party ' s
11
rights and benefits under this agreement . Tacoma shall
12
provide written notice of intent to terminate to the
13
defaulting party on or after the 60th calendar day that the
14
subject invoice remains unpaid . In the event that the
is
default is not paid with interest or assumed and paid, as
16
provided herein within 90 days of the date of the original
17
subject invoice date , then all rights and benefits of the
18
defaulting party shall automatically revert to Tacoma .
19
11 . WATER CONTRACT PLAN. Prior to December 1st of each
20
year RWA shall file an annual water use plan with Tacoma
21
unless RWA plans to always use 15 MGD. Prior to December
22
31st of each year Tacoma shall file an anticipated annual
23
water delivery plan with RWA . This plan should identify
24
projected maintenance requirements necessitating shutdown
25
of the pipeline , identify any operating constraints
26
27 anticipated in the coming year, and presenting projected
zx costs for the coming year.
_22_
1 12 . ARBITRATION . The parties hereto may proceed with
2 arbitration to resolve certain disputes as provided
3 herein. Disagreements or disputes that are subject to
4 being submitted to arbitration are set forth below:
5 (1 ) Meter reading and/or testing procedures and the
6 location of connections ;
7 (2) The amount of a specific operation and maintenance
8 budget item that is attributable to the projects subject of
9 this agreement;
10 (3) Operation and Maintenance formula as authorized by
11 Section 2 of this agreement ; provided, however , that the
12 specified contract language on Operation and Maintenance
13 stated in Section 6 herein shall not be the subject of
14 limited or modified by arbitration;
15 (4) Other minor matters that will not result in
16 financially impacting any party hereto by more than $25,000
17 per year (in 1984 dollar value) ; and
18 (5) Specific matters that the parties may mutually
19 agree to submit to arbitration.
20 In order to contest any action of a party hereto,
21 by arbitration a party must serve on all other parties
22 hereto b hand delivered letter, a request to y , q proceed to
23 arbitrate the dispute or controversy within ninety (90)
24 days of the written notice of y proposed action and the
25 detailed reasons therefore provided however, in the event
26 that any matter pertaining to an annual budget is desired
27
to be contested , arbitration must be commenced on or before
28
_P3_
I November 1 for the next annual budget . Failure to seek
2 arbitration within said period shall bind all parties and
3 preclude any further challenge. Each party shall appoint
4 one qualified arbitrator within thirty days of the written
5 request for arbitration by the RWA or Tacoma. The two
6 arbitrators so appointed shall appoint a third arbitrator
7 within thirty days . The three arbitrators shall render a
8 written decision within ninety days of appointment of the
9 third arbitrator . Arbitration shall be conducted in
10 accordance with Washington State Law, Chapter 7.04 RCW as
11 amended . Provided that, the results of arbitration shall
12 be final and conclusive and may only be revised or vacated
13 as presently allowed by Chapter 7 .04 RCW. In addition, the
14 rules for pretrial Superior Court discovery shall be
15 applicable to all parties hereto and the burden of proof
16 shall be with the party requesting arbitration. The costs
17 of arbitration shall be shared equally by the parties
18 thereto and the parties benefitting from the arbitration
19 determination• however if the party initiating arbitration
20 is not substantially successful in the arbitration, then
21 said party shall pay the entire cost of arbitration .
22 All other matters in dispute that in any way
23 relate to this agreement shall not be subject to
24 arbitration and may only be resolved b an y y y appropriate
25 final court determination. All such litigation shall be
26 initiated in the Pierce County Superior Court for the State
27
of Washington within the time limitations established by
28
-24-
I Washington State Law. At the request of any party , all
2 other parties agree not to object to a judge from outside
3 the King/Pierce County area hearing such disputes .
4 13 . CONNECTIONS. RWA facilities will be connected to
5 the project facilities at such time as Tacoma determines
6 the project is ready for operation and delivery of water
7 and so notifies the other parties in writing.
8 14. RECORDS. Permanent books and records shall be kept
9 by Tacoma and individual RWA members of respective volumes
10 delivered and used and all expenses and costs incurred and
11 paid for water supply. The records required by this
12 paragraph shall be available for examination at any
13 reasonable time by any party . Such records, or copies
14 thereof, shall be maintained for at least 5 years and in
15 complete compliance with State of Washington Law.
16 15 . NOTICE. Whenever in this Contract notice is
17 required to be given, the same shall be given by Registered
18 Mail addressed to the respective parties at the following
19 addresses:
20 City of Tacoma
21 Dept. of Public Utilities , Water Division
22 P.O. Box 11007
23 Tacoma, WA 98411
24
25 King County Water District #124
26 P .O. Box 4249
27
Federal Way , WA 98063
28
-25-
I King County Water District #111
2 27239 132nd Ave . SE
3 Kent , WA 98042
4
5 King County Water District #105
6 30033 188th Ave. SE
7 Kent , WA 98042
8
9 City of Kent
10 220 4th Ave . S
11 Kent , WA 98032
12
13 South King Co . Regional Water Association
14 c/o Water District #124
15 P.O. Box 4249
16 Federal Way , WA 98063
17 unless a different address shall be hereafter designated in
18 writing by any of the parties . The date of giving such
19 notice shall be deemed to be the date of mailing thereof.
20 Billings for and g payments of water costs may be made by
21 regular mail.
22 16 . EXECUTION OF DOCUMENTS. This Agreement shall be
23 executed in six counterparts , any of which shall be
24 regarded for all g purposes as one original . Each party
25 agrees that it will execute any and all deeds , instruments ,
26
documents and resolutions or ordinances necessary to give
27
effect to the terms of this Agreement .
28
-26-
1 17 . WAIVER. No waiver by either party of any term or
2 condition of this Agreement shall be deemed or construed as
3 a waiver of any other term or condition , nor shall a waiver
4 of any breach be deemed to constitute a waiver of any
5 subsequent breach whether of the same or a different
6 provision of this Agreement .
7 18 . ENTIRETY. This Agreement merges and supersedes all
8 prior negotiations , representations and agreements between
9 the parties hereto relating to the subject matter hereof
10 and constitutes the entire contract between the parties .
11 IN WITNESS WHEREOF, the parties hereto have
12 executed this Agreement as of the day and year first above
13 written .
14
15 APPROVED:
16
17 City of Tacoma Approved as to form and
18 Departme t of Public Utilities legality
19
20 Pau J . N n Asst . City Attorney
Director of Utilities
21
22
23 City of Tacoma
Water Division
24
25 iLh �p/Jtr+t
Kenneth F. Olso , Superintendent
26
27
28
-27-
I Seal of City attached THE CITY OF TACOMA, WASHINGTON
(Seal of City)
2
3
4 y / t/
Mayor
5
6 Attes
ignature au orized
7 by City Clerk
8
9
APPROVED:
10
Regional Water Association of
II South g Co m y
12
By
13 Jo T. Sawyer President
14
Water Dis rict No . 124
15
16 By
Its
17 AgFeW to assume responsibility for 30.77% of the contract
18 water or 4.62 MGD.
19 Water District No. 105
2
21
By
Its
22 Agrees to assume responsibility for 23.08% of the contract
water or 3.46 MGD .
23
24 Water District No . 111
25 B
26 t s
Agrees t ssume re onsibility for 15.38% of the contract
27 water or 2.3
28 -28-
I City of Kent
2
B
3 Its
Agrees to assume responsibil t for W of the contract
4 water or 4.62 MGD.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-29-
EXII!BTT 1
CITY OCT
i
s
i
(
. i
s.
f.,
PC-3A.. - I . I
A. NORTH FORK
WELLS DEVELOPMENT I
(OPERATIONAL)
y' U SIX WELLS
U 6%MILE PIPELINE
•+ 1?10-MILLION-GALLON RESERVOIR
U CONTROL BUILDING
k B. HEADWORKS MODIFICATIONS
O i
i
122
SEEN RIVER
1 491. iADWORKS ..c
,'' TACOMA
•C J. TAco fA
HOWARD
a Z w6cL F/��j • ® HANSON DAM
------ • GRFEN RIVER
I.
1 P'(
;ERVOIR
LLS
6/21/84
ESTIMATED COSTS FOR PROVISION OF 15MGD FIRM
CAPACITY TO THE SOUTH KING COUNTY
REGIONAL WATER ASSOCIATION
SUMMARY
Plant Cost*
P/L #5 10,000,000
15/72 of N.F. Wells 2,000,000 .
15 MGD - Firming Cap 3,000,000
0&M Costs+
0 & M Costs (Green River) 106,231 .15
Admin. 96,101 .27
Repair and Replacement 52,297.21
8% Gross Earnings** x 1 .08
77r,00—
0 & M on Firming Capacity Supply $100,000
8% Gross Earnings** x 1.08
a
Cost estimates provided are subject to revision during design and
construction processes.
* See paragraph 5, Maximum Plant Costs
** As discussed in paragraph 6, Section (g)
+ See paragraph 6, Water Costs
s: EXHIBIT 2
Cost Estimate for firm supply of 15 MGO to South King County
Utilities. Capital Costs Only.
North Fork Well additional capacity in June 1982 $
Existing Facilities
N.F. PL 15/72 (4,932,000) (1.235)* = 1,268,963
10 MG Reservoir 15/72 (871,000) (1.235) = 224,101
Existing N.F. Wells 15/72 (1,0350000) (1.235) = 266,297
Baldi Substation 15/72 (6699898) (1.235) 172,359
Microwave System 15/72 (106,856) (1.235) = 27,493
Total N.F. Well System 1,959,213
* Factor to incorporate indirect costs of engineering, legal,
finance, and contingencies totaling 23.5% of direct costs.
-1-
South Tacoma Aquifer
Supplemental Supply Development - 1983 dollars
Cost of 15 MGD supplementary source capacity to firm up
second diversion water rights during low river flows is
estimated at less than $3,000,000.00. This is based on 1982
groundwater development costs in the South Tacoma aquifer of
$84,000/mgd.
-2-
PL#1 Flow Control
15/65 (1,250,000) (1.235) _ $356,250
Intake & Headworks Improvements
15165 (3,2409000) (1.3)* = 972,000
Stream Gage h Telemetry
15/65 (130,000) (1.3) = 399000
PL#5 - See sheets 1A-3A
15/65 (26,273,822) (1.3) = 7,882,147
15 113,600
R/W 65 152,400 (1,399,000) (1.3) = 312,847
Water Rights 15/65 (430,000) (1.3) = 129,000
Water Control Station 15/137 (1,317,00) (1.235) = 178p083
Total 15 MGD
Interruptible Capacity Capital Cost 9,869,327
+ Reservoir
Turbidity Supply Cost Approximately 2,000,000
* Factor to incorporate indirect cost of engineering, legal,
finance, contingencies and sales tax totaling 30% of direct
costs.
-3-
SKCRWA - ADMINSTRATIVE ASSESSMENT
Determination of General Expense 1983
Gen. Gov. Office Expense
923.1 Gen. Gov. Office Exp. 269,107.23
269,107.23
Retirement Provisions
408.41 Social Security - Water Division 288,494.12
408.42 Social Security - Service Divisions 20,253.77
926.3 Pension Requirements 551,753.23
(408.9) Soc. Sec. Charged to Others (63,443.28)
(926.9) Pension, Construction & Reimbursement
Credits (190,352.42
606,705.42
General and Admin. Expense
920-932.25 2,462,362.92
Less 923.1, 926.9, 926.3 (taken above)
930.1, 930.2, 930.3 (conventions,
organizations and goodwill advertising 666,469.52
932.24 Used in 0 & M sales 1,795,893.40
TOTAL 20671,706.05
% Admin. Exp. Allocated to Source .33
% Source Allocated to SKCRWA = 15/137 = .109 .109
Admin. Exp. Allocated to SKCRWA 96,101.27
PL#5 Above Federal Way
60" 30832'
54" 80068'
48" 2700'
Excavation L ExVol Excavation
60" 30832 3.83 118,087
54" 80068 3.38 270,630
48" 2700 2.96 7,992
396,709 Cu. Yds.
Sand
60" 30832 1.74 53,648
54" 80068 1.52 121,703
48" 2700 1.32 3564
178:915 Cu. Yds.
Spoil
60" 30832 1.37 42,240
54" 80068 1.27 101,686
48" 2700 1.18 31186
147,112 Cu. Yds.
-IA-
Excavation & Backfill
396709 (2.5) _ $991,773
Sand Bedding
178915 (5) = 894,575
Disposal of Excess Excavation
147,112 (1) = 147,112
Clear & Grub
40 Acres ® $2000/acre = 80,000
Install Pipe
60" 30832 (40) = $1,233,280
54" 80068 (36) = 2,882,448
48" 2700 (33) = 89 100
4,204,828
Field Weld & Coat Joints (60' lengths + 10%)
60" 565 (650) = $ 367,250
54" 1468 (600) = 880,800
48" 50 (550) = 27 500
1,275,550
Chambers (1EA/10001 )
114 (2000) = $ 228,000
River & Stream Crossings 750,000
Restoration Work 2,000,000
Sub Total $10,5710838
_2A_
Steel Pipe
60"xl/4" (83.15+6.25) 30832 = $2,756,381
54"xl/4" (76.76+3.13) 17668 = 1,411,497
541lx5/16" (85.86+3.13) 26000 = 2,313,740
54110/8" (97.03+3.13) 16000 = 11602,560
54"x7/16" (108.78+3.13) 6300 = 705,033
541lx9/16" (133.06+3.13) 15100 = 2,056,469
48"xl/4" (64.53+2.12) 2700 = 179,955
11,025,635
Fitting ® 5% 551,282
11,576,917
Overhead & Profit 15% 1 736 538
3,313,455
From Sheet 2A 10 571 838
23:885:293
10% Contingencies 2,388,529
Total PL#5
Above Federal Way $26,273,822
_3A_
DETERMINATION O&M COSTS FOR THE GREEN RIVER
SUPPLY ATTRIBUTABLE TO RWA
Alloc. Use 5 Yr. Est. SKRWA
Acct. # Description Factor Factor Ad . Avg. Charge
OPERATION
SOURCE OF SUPPLY
600.1 Green River Watershed** 1.0 .109 37,776.71 4,117.66
600.2 Green River Headworks 1.0 .109 77,098.71 81403.76
601.1 Green River Watershed 1.0 .109 197,076.70 21,481.36
601.2 Green River Headworks 1.0 .109 31,633.95 3,448.10
603.1 Green River Watershed 1.0 .109 1,274.17 138.88
603.2 Green River Headworks 1.0 .109 50483.16 597.66
WATER TREATMENT EXPENSE
640.1 Green River Gravity System 1.0 .109 26,703.65 29910.70
640.4 Laboratory 1.0 .109 1,806.30 196.89
641.11 G.R.G.S. Chlorine 1.0 .109 33,715.38 3,674.98
641.31 G.R.G.S. Copper Sulfate 1.0 .109 612.85 66.80
641.41 G.R.G.S. Other Chemicals 1.0 .109 287.81 31.37
642.1 G.R.G.S. Labor & Expense 1.0 .109 570212.17 61236.13
642.4 Lab Labor & Expense 1.0 .109 19,144.74 21086.78
TRANSMISSION & STORAGE
*660.1 Supervision & Engineering (PL#1) .50 .23 63,249.21 71273.66
*662.1 Pipeline #1 & #2 Expense .50 .23 48,573.83 5,585.99
1 *662.4 Corrosion Control (PL#1) .25 .23 24,101.64 1,385.84
*665.1,2,3, Misc. Expense .25 .23 10,427.47 599.58
* Surrogate accounts used in lieu of P.5 data for estimating purposes.
** It should also be noted that not all Watershed costs will be applicable
to this agreement. There will be no charges to the RWA for any costs
which will be capitalized and which deal with acquisition of land or original
construction of roadways. No expenses dealing directly with timber
management or with other resources such as sand and gravel or with revenue
derived therefrom will be considered. It is the intention to charge the
RWA for their share of all other Watershed O&M costs or capital costs.
1 Will be reduced by pre-engineering and design for PL#5.
0&M for Green River Source (Continued)
Alloc. Use 5 Yr. Est SKRWA
Acct. # Description Factor Factor AN. Avg. Charge
MAINTENANCE
SOURCE OF SUPPLY
610.1 Watershed Supv. & Eng. 1.0 .109 290.13 31.62
610.2 Headworks Supv. & Eng. 1.0 .109 365.25 39.81
611.1 Watershed Structures, Improv. 1.0 .109 61178.15 673.42
611.2 Headworks Structures, Improv. 1.0 .109 286.78 31.26
612. Collecting, Impounding Res. 1.0 .109 - -
613. River Intake 1.0 .109 274.51 29.92
617. Misc. Water Supply Plant 1.0 .109 191.89 20.92
WATER TREATMENT EXPENSE
650.1 Super v s on & Engineering .50 .109 236.50 12.89
651.11,13,14 Structures & Improvements 1.00 .109 6,610.77 720.57
652.11,13 1.00 .109 12,121.41 11321.23
TRANSMISSION & STORAGE
670.1 Super v s on & Engineering .50 .109 8,316.71 453.26
671.11 Headworks Structures 1.00 .109 5,740.85 625.75
671.121 PL#1 R/W 1.00 .231 23,178.45 5,354.22
672.3 Spillways & Equipment 1.00 .109 116.63 12.71
673.11,15 All Transmission Mains 1.00 .109 20,750.60 2,261.62
678. All Miscellaneous .30 .109 31,687.59 1,036.18
0&M for Green River Source (Continued)
Alloc. Use 5 Yr. Est. SKRWA
Acct. ¥ Description Factor Factor Ad . Avg. Charge
WELLS OPERATION
SOURCE OF SUPPLY
600.3 Supervision & Engineering .50 .21 20,460.13 2,148.31
603.3 All Misc. Expense .50 .21 36,688.89 3,852.33
601.36 N.F. Wells 1.00 .21 71,146.94 14,940.86
** WATER TREATMENT
640.2 Supery s on & Engineering - Wells 1.0 .109 3,997.12 435.69
641.12 Chlorine 1.0 .109 2,574.15 280.58
642.2 Labor & Expense 1.0 .109 2,511.46 273.75
TRANSMISSION & STORAGE
660.2 upery s on & Engineering .05 .109 71410.66 40.39
MAINTENANCE
SOURCE OF SUPPLY
610.3 Supery lion & Engineering .30 .109 9,578.92 313.23
611.46 N. F. Wells - Structures 1.00 .109 61729.88 740.29
614.4 N. F. Wells - Maintenance 1.00 .109 3,914.08 430.55
932.24 Headworks Microwave 1.00 .109 11,800.86 11298.09
698.3 Telemetering & Comm. .10 .109 31,854.25 350.40
** WATER TREATMENT
652.3031305,307,308,309,311 Wells
TRANSMISSION & STORAGE
670.2 Supervision & Enginering .05 .109 31487.53 19.01
671.2 Wells & Springs 1.00 .109 1,275.06 138.98
673.21 Steel & Concrete Mains 1.00 .109 981.31 106.96
TOTAL 0 & M 106,231.15
** Applicable if Tacoma provides firming capacity during low flow periods.
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