HomeMy WebLinkAboutAgenda Packet 11/15/2006
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WAS H I N G TON, U. S. A.
Utility Advisory Committee Memo
Date:
November 14,2006
To:
Utility Advisory Committee
From:
Glenn A. Cutler, Director of Public Works and Utilities
Subject:
City/County Interlocal Cooperation Agreement for EUGA Sewer Line
Summary: The City and Clallam County are negotiating an agreement for coordinating the
construction, administration and operation of the sewer system for the Port Angeles Eastern Urban
Growth Area. It is planned that the City will construct, own and operate the system and the
County will fund the project through a number of funding sources.
Recommendation: Forward a favorable recommendation to City Council to authorize 1)
the Mayor to sign an interlocal cooperation agreement, and 2) the City Manager to negotiate
minor modifications, if necessary.
Background/Analysis: The City and Clallam County staffs have negotiated an agreement for
coordinating the construction, administration and operation of the sewer system for the Port
Angeles Eastern Urban Growth Area. It is planned that the City will own and operate the system
and the County will pay for the system.
The consulting firm of Brown & Caldwell, in collaboration with City and County staff, is
designing the sewer line project under a previous interlocal agreement. The new agreement is
being presented today for discussion and consideration of endorsing a favorable recommendation
to the City Council. The agreement will take effect after the City and County sign the agreement.
Significant provisions of the agreement are summarized below:
1- The City shall be the lead agency for design, advertising, awarding and performing the
construction management.
2- The City shall administer developer reimbursement agreements per P AMC 13.68.
3- The City may collect all sewer system fees (system development and connection) for both
City and County.
4- The system will be administered per the provisions of the Port Angeles Municipal Code
and will be supplemented by the provisions of the interlocal agreement.
5- The County shall fund the project. It is currently funded in an amount not to exceed
$5,000,000. This includes design fees, staff time and construction costs.
N:\UAC\memo hold\EUGA lnterlocal Cooperation Agreement.doc
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City/County lnterlocal Cooperation Agreement for EUGA Sewer Line
November 14,2007
Page 2
6- Sufficient funds shall be advanced to the City to ensure adequate funding is available to
make progress payments.
7- The City and County staff will collaborate on change orders and claims, if they should
anse.
8- Individuals that are beyond 200 feet, or the cost to connect to the sewer exceeds 125% of
an approved septic or other private wastewater disposal system, shall not be required to
hook up to the system.
9- The County will ensure that building permits, land divisions, and septic system permit
applications are issued consistent with the agreement.
10- A Sewer Expansion Coordinating Committee will be formed with representatives from the
County and City. Powers and duties include but not limited to: a) make recommendations
to City Council and County Board of Commissioners, b) make administrative
recommendations regarding the coordination of permitting necessary for connections and
expansion of the system, c) review and make recommendations concerning the City's
sewer plan as it pertains to the EUGA, d) review the operation and management of the
EUGA sewer system and make recommendations, e) make recommendations to the City
Council and Board of Commissioners concerning the interlocal agreement, and f) discuss,
resolve and implement any issues necessary to accomplish the tasks listed in the interlocal
agreement.
11- The agreement may be modified by bilateral action of the City Council and County Board
of Commissioners.
12- Either party may withdraw unilaterally without cause after five years. Mutual agreement is
required to dissolve the agreement during the first five years.
13- Disputes not settled directly by the parties shall be resolved by mediation.
This interlocal agreement was developed as part of the continuing cooperative effort envisioned by
the previously executed agreement between the City and County concerning the orderly land use
plan for the Port Angeles Eastern Urban Growth Area.
The County is funding the construction of the sewer system. It is utilizing funds from the
Opportunity Fund, anticipated funding from a local business and other funds. The project will help
protect the environment as well as enable economic development.
It is recommended that the UAC forward a favorable recommendation to City Council to authorize
1) the Mayor to sign an interlocal cooperation agreement, and 2) the City Manager to negotiate
minor modifications, if necessary.
Attachment: Draft Interlocal Cooperation Agreement - November 10, 2006
DRAFT - Nav 10, 2006
INTERLOCAL COOPERATION AGREEMENT
For Coordinating the Construction, Administration and Operation of
the Sewer System for the Port Angeles Eastern Urban Growth Area
THIS AGREEMENT is executed by and between Clallam County ("the County'')
and the City of Port Angeles ("the City") who are collectively referred to herein as
"the Parties" for the purpose of providing for cooperative administration and
operation of the extension of City wastewater collection and treatment services
to the City's Eastern Urban Growth Area (EUGA).
WHEREAS, the City and County have entered into an interlocal cooperation
agreement dated December 20, 2005 establishing a method for extension of
wastewater collection and treatment services to the Port Angeles Eastern Urban
Growth Area; and
WHEREAS, the system is currently being designed, and is scheduled for
construction in 2007; and
WHEREAS, the County has assumed the responsibility for funding the design and
construction of the sewer system extension up to a maximum estimated total
project cost of $5,000,000 as itemized in Exhibit A; and
WHEREAS, the sewer expansion will serve County residents residing in the EUGA
outside the City limits; and
WHEREAS, the City will own and operate the EUGA Sewer System as an
extension of the existing Port Angeles Sewer System; and
WHEREAS, potential users of the EUGA Sewer System need information
regarding timing of the project, cost of connection, process for connection, and
technical requirements for side sewers, lateral sewers, and collection lines; and
Page 1 of 9
EUGA lnterlocal Agreement
Draft November 10, 2006
Page 2 of 9
WHEREAS, the parties wish to coordinate the administration and operation of the
EUGA Sewer System; and
WHEREAS, the Parties are authorized and empowered to enter into this
Agreement pursuant to Chapter 39.34 RCW,
THEREFORE, in consideration of mutual promises and covenants herein, the
Parties agree:
Section 1, Definitions
A. "Agreement" means this interlocal agreement.
B. "City" means the City of Port Angeles, Washington.
C. "Contractor" means the construction company awarded a contract by the
City to construct the EUGA Sewer System.
D. "County" means Clallam County, Washington.
E. "County Roads" means those roads within Clallam County that are owned
by the county and maintained by the County Road Department.
F. "EUGA" or "Eastern Urban Growth Area" means that portion of the Port
Angeles urban growth area lying east of the eastern city limits.
G. "EUGA Sewer System" means that portion of the City of Port Angeles
sanitary sewer, including all present and future public interceptors, pump
stations, trunk lines, collector sewers, appurtenances, easements and
rights of way, located in the Eastern Urban Growth Area.
H. "PAMC" means Port Angeles Municipal Code.
I. "Project Engineer" means the engineer selected by the City to manage the
EUGA Sewer project.
Section 2. . Construction of EUGA Sewer System
A. Final design plans and bid documents prepared by Brown and Caldwell
shall be reviewed and approved by the County prior to advertising for bids.
N:\UAC\nenlG hcid\E:UGA InU::riocal COUpeF)ttC( Aq(eern(~nt: ... Atti1Ct1nient.dDC
EUGA lnterlocal Agreement
Draft November 10, 2006
Page 3 of 9
B. The City shall advertise for bids for the construction of the EUGA Sewer
System, using the design plans and bid documents prepared by Brown and
Caldwell.
C. Following bid opening, the City shall submit to the County a complete copy
of all bids submitted for the project. The City agrees to make no bid
award that is not approved by the County Director of Public Works.
County approval (or non-approval) shall be made in a timely manner.
D. The County hereby agrees to fund the anticipated project costs of the
EUGA Sewer System, with any approved alternatives, up to a target cost
(as itemized in Exhibit A) of $4/795/636. The County will also set aside an
additional $204/364 reserve for unanticipated project costs/ for a total
estimated project cost of $5/000/000. If the successful bid will result in a
total project cost that exceeds this amount, the C1allam County Board of
Commissioners and the City of Port Angeles must reach agreement on a
revised financial plan before any bid can be awarded
E. The County shall pay up to fifteen percent (15%) of the total bid price of
the successful bidder to the City upon award to cover construction
mobilization costs. Progress payments thereafter shall be made to the City
based upon approved contractor billings, up to a maximum total project
cost of $5/000/000.
F. Periodic progress reviews shall be held during construction and shall
involve the County, the City, the project engineer, and the contractor.
G. Change orders or claims that increase project cost by $15/000 or more
during construction must be reviewed and approved by the County Public
Works Department before they are approved. County approval of such
change orders shall be timely, and not unreasonably withheld. County
approval of any change orders or claims that result in a total project cost
in excess of $5/000/000 shall constitute agreement by the County to pay
for the increased total project cost.
H. All construction documents, pay requests or other records pertaining to
this project shall be available for County review and inspection during and
after construction. Once construction is completed, the City shall supply
the County with a set of "as built" plans that accurately reflect the
construction details of the EUGA Sewer system.
1. The County will grant to the City a Franchise to construct, operate,
maintain, repair, and rebuild the EUGA Sewer System within the County's
rights-of-way in the EUGA; provided that no work shall be done in a right-
of-way until an application for work within the County right of way (ROW)
has been submitted to the County and approved by the County.
EUGA Interlocal Agreement
Draft November 10, 2006
Page 4 of 9
Section 3. Coordination of New Connections
A. The parties agree that the standards for side sewers, sewer mains, sewer
extensions and all Sewer System appurtenances shall be those set forth in
PAMC and the City of Port Angeles Urban Services Standard and
Guidelines.
B. The parties agree that permits for connection to the EUGA Sewer system
shall be administered by the City of Port Angeles, pursuant to Sections
13.61.100 through 13.61.160 of the City of Port Angeles Municipal Code.
The County shall receive copies of all such permit applications and copies
of all decisions on such applications. The City will not issue any permit for
connection that involves work in the right of way or roadway of a County
road, without an application for work within the County right of way
(ROW) being submitted to the County and approved by the County.
C. For the EUGA Sewer System, exemptions from the requirement in PAMC
13.61.070 and 13.61.090 will be issued by the County following the
process outlined in County Ordinance, . The City will be
given a copy of all such exemptions.
D. For new development or any expansion of use requiring a building permit,
the County will issue an exemption only jf all the following requirements
are met:
1) The lot is further than 200 feet from the EUGA Sewer System or a
lateral thereof, or the cost of extending the EUGA Sewer System would
be an economic hardship on the owner or owners in that the estimated
cost of a sewer extension would be over 125% of the cost of an
approved septic or other private wastewater disposal system;
2) The owner or owners have signed a non-protest agreement for an LID
to extend the EUGA Sewer System to the area; and,
3) The exemption will not be effective until a written permit for the
septic or other private wastewater disposal system is obtained from
the Clallam County Health Officer.
E. Copies of all applications for sewer system extensions submitted to the
City pursuant to PAMC 13.62.180 will be provided to the County Public
Works Director or designee for review. Extensions will not be approved
until any work in the right of way or roadway of a County road is
approved by the County.
EUGA I nterloca I Agreement
Draft November 10, 2006
Page 5 of 9
F. Requests for utility local improvement districts may be initiated through
either the County or the City.
G. Developer reimbursement agreements will be administered by the City
pursuant to PAMC 13.68. Copies of all applications for such agreements
shall be provided to the County. .
H. Clallam County will ensure that all building permits, land divisions, and
septic system permit applications in the EUGA are issued consistent with
the requirements for connection to the EUGA Sewer System.
Section 4. Coordination with County Road Department on future
Sewer line locations
A. Whenever the City learns of any proposed EUGA Sewer System work,
(including side sewers, trunk lines, or extensions) within the right of way
or roadway of a County road, the information will be transmitted or
developer referred to the County Road Engineer so that the appropriate
permitting can take place.
B. The City will not issue any permit for connection or expansion of the EUGA
Sewer System, in the County, and on or along a County Road or ROW,
unless the County Road Engineer has approved all proposed work in the
County right of way or roadway.
C. The City will work together with the County to plan sewer line extensions
and connections in such a way that the impacts to the driving surfaces of
County roads are minimized.
Section 5. Collection of County Svstem Development Charge
A. The City and County intend that the County shall be paid a System
Development Charge in the amount of $2,600 for each connection to the
EUGA Sewer System. This charge is to reimburse the County for the cost
of funding the EUGA Sewer System. The County and the City agree to
implement a system to collect this fee at the same time that the City
connection fee and system development fee is collected. The County
hereby authorizes the City, as appropriate and necessary, to collect the fee
on behalf of the County. If the City does collect the fee on behalf of the
County, the City will transmit all system development fees collected on the
County's behalf to the County within 30 days after collection.
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EUGA Interlocal Agreement
Draft November 10, 2006
Page 6 of 9
B. No property or structure shall be connected to the EUGA Sewer System
until the County System Development Charge has been collected.
C. Clallam County will use all funds so collected to pay for, or reimburse the
funds used to pay for, this EUGA Sewer System project.
D. The County's system development Charge is to be collected for all sewer
connections within the EUGA through the year 2026, regardless of any
intervening annexations.
Section 6, Enforcement Resoonsibilities
A. The County and City are each responsible for the enforcement of
ordinances they have adopted pertaining to the EUGA Sewer System. To
the extent necessary and practicable, such enforcement actions will be
coordi nated.
B. The parties will not knowingly take any action, issue any permits, or allow
any work on the EUGA Sewer System that would result in a violation of
applicable ordinances of either party.
Section 7, Sewer Exoansion Coordinating Committee
A. Sewer Expansion Coordinating Committee: A Sewer Expansion
Coordinating Committee (SECC) shall be established. This committee shall
be composed of staff from the Parties to this agreement, and will act as
an advisory committee to the City Council and Board of County
Commissioners on all matters concerning the operation, maintenance,
expansion, financing, service fees, and construction of the EUGA Sewer
System, and the implementation of this agreement.
B. Membership: The SECC shall consist of the following members: (1)
Clallam County Director of Public Works, (2) Director of Public Works and
Utilities for the City of Port Angeles, (3) City Engineer or designee for the
City of Port Angeles, (4) Utilities Manager or designee from C1allam
County, (5) City of Port Angeles Director of Community and Economic
Development or designee, (6) Clallam County Community Development
Director or designee, and (7) Clallam County Environmental Health
Director or designee. The Committee may draw upon other staff
members from the agencies as necessary to assist in carrying out its
duties.
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EUGA I nterloca I Agreement
Draft November 10, 2006
Page 7 of 9
C. Officers and Procedures: The SECC chair shall rotate between the public
works directors of the City and the County on an annual basis. The
County Public Works Director shall be chair until January 2008.
Recommendations of the Committee to the City Council or the County
Board of Commissioners shall be presented as determined by the
Committee, but the Committee shall make no recommendations that are
not agreed to by both the City and County Public Works Directors.
Nothing herein shall infringe upon the authority of the City or County
officials that constitute the Committee from executing their respective
responsibilities.
D. Meetings: The SECC shall meet quarterly. The Committee shall be
responsible for selecting a time and place for its meetings.
E. Powers and Duties: The SECC shall have the following powers and duties:
1) Make recommendations to the City Council and County Board of
Commissioners regarding the administration, financing, service fees,
and expansion of the EUGA Sewer System.
2) Make administrative recommendations regarding the coordination of
permitting necessary for connections to or expansion of the EUGA
Sewer System.
3) Review and make recommendations regarding the City's Sewer
General Plan as it pertains to the EUGA.
4) Review the operation and management of the EUGA Sewer System
and make recommendations for resolving any problems that are
identified.
5) Make recommendations to the City Council and Board of
Commissioners regarding any amendments to this interlocal
agreement.
6) Make recommendations to the City Council and Board of
Commissioners regarding implementation and resolution of any issues
necessary to accomplish sections 1 through 5 of this agreement.
Section 8. Miscellaneous Provisions
A. Effective Date: This agreement shall take effect upon signing by both
parties, however the requirements for connection or exemptions for
connection to the EUGA sewer system shall not be effective until July 1,
2007.
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EUGA Interlocal Agreement
Draft November 10, 2006
Page 8 of 9
B. Amendment: This agreement may only be amended by action of both the
Port Angeles City Council and the Clallam County Board of Commissioners.
C. Withdrawal: For the first five years of this agreement, withdrawal shall
occur only with the agreement of both parties as evidenced by a
resolution adopted by both the Port Angeles City Council and the board of
Clallam County Commissioners. After five years from the effective date of
this agreement, either party may withdraw from this agreement by
adoption of a withdrawal resolution. Such withdrawal shall become
effective no sooner than 90 days after the adoption of a withdrawal
resolution.
D. Non-Waiver: No waiver by either party of any term or condition of this
agreement shall be deemed or construed to constitute a waiver of any
other term or condition or of any subsequent breach whether of the same
or a different provision of this agreement.
E. Risk Allocation - Liability: The City of Port Angeles shall assume the risk
for all activities and liabilities arising from the ownership and operation of
the EUGA Sewerage System.
F. Disputes. Disputes arising from this agreement shall be resolved by
mediation, if not settled directly by the parties. If the Parties are unable
to resolve a dispute by mediation within thrity (30) business days, either
Party may proceed with any remedy available to it at law or in equity.
G. Remedies. Except as otherwise provided for herein, no remedy conferred
by any of the specific provisions of the Agreement is intended to be
exclusive of any other remedy, and each and every remedy shall be
cumulative and shall be in addition to every other remedy given
hereunder, now or hereafter existing at law or in equity or by statute or
otherwise.
H. Force Majeure. Neither party shall be deemed to be in violation of this
Agreement if such party is prevented from performing any of its
obligations hereunder for any reason beyond its control, including without
limitation, acts of God or of any public enemy, elements, flood, strikes, or
an injunction or other judicial decision.
IN WITNESS HEREOF, this agreement is executed by Clallam County and by the
City of Port Angeles, Washington.
Dated this _day of
, 2006. Dated this _ day of
, 2006.
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EUGA Interlocal Agreement
Draft November 10, 2006
Page 9 of 9
CITY OF PORT ANGELES
CLALLAM COUNTY BOARD OF
COMMISSIONERS
Karen A. Rogers, Mayor
Howard V. Doherty, Jr., Chair
ATTEST:
ATTEST:
Becky J. Upton, City Clerk
Trish Holden, Clerk of the Board
APPROVED AS TO FORM:
APPROVED AS TO FORM:
William E. Bloor
City Attorney
Mark Nichols
Deputy Prosecuting Attorney