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HomeMy WebLinkAboutAgenda Packet 11/15/2006 ~O" R" T'" ..:ft;.. ..N."G'" 'E' 'L'.E'" .S....' >' t ); j , i' / ! ; i '::" . ,..(' , " 1- - -f---~- , - ___...i ...,...._._._' _.._.r.".~ 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 . . 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. Intf:.r~<jCd! COD~;if;r;:)tio;'1 i-~,g:'Ci.~}rnent I\tt?chn'jient,dnc 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. IntfTkK?}; COCn)~Tdtion Aqreern!::nt: Att:ac:hrnent.dnc 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. Ir .~:.~r'~;~(',;~: 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. N; \U(:.\C\rnen'iO hc~d\E:UG!\ In[:f;('!OC~)i COOpCfJU(Xi .Aqr'-eerYient ... l\tti.1chn"lf:T!::.dnc: 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