HomeMy WebLinkAbout041017_ca01O Consent Agenda
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Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
From: Tom Walker, Facilities Foreman
Agenda Date: April 10, 2017
Subject: Contract - Northwest Water Systems, Inc.
Statement of Issue: The Washington State Department of Health (DOH) has
mandated that the Brinnon Community Water System utilized by the Brinnon
Community Center be managed by a state approved water system management
agency. Northwest Water Systems, Inc. is DOH approved to perform the mandated
management and monitoring of the Brinnon CC well.
Analysis/Strategic Goals/Pro's Ft Con's: The County must contract for the
management of the Brinnon Community Center water system to comply with the
Washington State Department of Health regulations. The alternative would be to
close the Brinnon Community Center water system.
Fiscal Impact/Cost Benefit Analysis: The contract costs will be funded in the annual
Facilities maintenance budget.
Recommendation: I recommend the contract with Northwest Water Systems, Inc. be
approved by the Board of County Commissioners.
Reviewed By:
Ifl�/r7
Date
CONTRACT FOR MANAGEMENT AND OPERATION OF A SATELLITE WATER SYSTEM
CONTRACT # 17020901
This agreement was created by and between Nortl:awest. Water Systems, Inc., (hereinafter known as "NWS"), a
Washington Corporation and Jefferson. CoEinty Central Services (hereinafter known as the "Owner") on the 9`h
day of February 2017.
Whereas the Owner owns and operates a public water system known as Brinnon Community Center Water
System (hereinafter known as "System"), and such water system is identified by the Washington State
Department of Health under identification number 08430T as a Group A Transient Non- Community water
system; and
Whereas NWS is a State Department of Health approved Satellite Management Agency authorized to provide
Management and Operations Services, and is in the business of managing and operating public water systems; and
Whereas the Owner desires to contract with NWS to obtain Management Services for the System, and NWS
wants to contract with the Owner to provide Management Services for the System;
Now, therefore, the parties, NWS and the Owner hereby agree as follows:
SECTION 1: EFFECTIVE DATE
This contract agreement is effective as of /01/2017.
mon �yeMT—
SECTION 2: PARTIES INFORMATION
SUBSECTION A: NWS
Mailing Address:
PO Box 123
Port Orchard, WA 98366
Principal Contact:
Kevin Odegard
NWS Operator in Responsible Charge:
Kevin Odeeard
Telephone Number:
1-888-881-0958
Satellite Management Agency Number:
119
Website:
www.nwwatersystems.com
SUBSECTION B: OWNER/AUTHORIZED REPRESENTATIVE
Billietire,
, r .. ,
Principal C"ontaUNan e:
Mand ary Contact Na
SECTION 3: SYSTEM LOCATION
Street:
306144 Hwy 101
City:
Brinnon
State:
WA
Zip:
98320
County: Jefferson
Notes -
Primary TelephongNurober:
S.t td.trP' lephrrua Ntrmhct
Principal Contact EpuAil Addrels:
S cons«try Contact Email Address:
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NWS: OWNER/REP:
CONTRACT FOR MANAGEMENT AND OPERATION OF A SATELLITE WATER SYSTEM
CONTRACT # 17020901
SECTION 4: SERVICE REPAIR PROVIDER
Service Repair Providers include but are not limited to Well Drillers, Pump Installers, Plumbers, Electricians, Excavation
Services/Main Installation, etc.
The purpose of the Service Repair Provider Section is to state the Owner's preferred service provider in the case of
emergencies. Identifying one service repair provider is required.
Selected Service Repair Provider: (hereinafter known as "Primary Service Provider") If left blank, NWS will choose
service provider at own discretion in the case of an emergency
2.
SECTION 5: SERVICES
The Services Section is organized into Setup Services, Included, Required and Other Services.
SETUP SERVICES
Setup Services require site and System information for NWS to become acquainted with the System. This usually
involves investigating and completing the following:
— Inspection of physical facilities (transmission lines, valves, pumps, storage facilities, source(s), controls, treatment
equipment and monitoring equipment, etc.)
— Determination of operations and maintenance requirements
— Setting up necessary System files, and keying in System and System's customer's information into NWS' data
management services.
INCLUDED SERVICES
Provide daily scheduled operation and maintenance of the System in accordance with accepted public health
practices. Routine operation and maintenance includes, but is not limited to the following items:
• Act as the point of contact in emergency situations by providing a 24-hour emergency response telephone
number. This includes, but is not limited to assisting in the development of a remedial action -plan in the case of
an emergency.
• Revise the System's WFI and submit to DOH.
• Recommend ongoing maintenance strategies to the Owner.
• Adjust System components according to operational needs.
• Perform maintenance on equipment and provide consultation regarding routine and scheduled upgrades or
repairs, this excludes project management.
• Perform routine and repeat water quality monitoring, interpret results, maintain adequate records and manage
follow-up action to comply with State and/or Federal drinking water regulations.
• Special purpose, lead and copper water sampling, investigative coliform samples required to
eliminate boil water advisories, and samples associated with repairs or construction will be
performed at the current Other Services hourly rate. Lead & copper bottles will be delivered to and
picked up from the System's point of contact as an included service.
• If house by house delivery is needed, said work will be billed at the Other Services rate. Any
additional action will be performed at the current Other Services hourly rate.
• Develop and implement a coliform monitoring plan.
• Analyze and review recording -instrument readings and laboratory tests and maintain a record of this
information.
• Maintain System files, documents, onsite visit records and correspondence with the Owner.
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NWS: OWNER/REP:
CONTRACT FOR MANAGEMENT AND OPERATION OF A SATELLITE WATER SYSTEM
CONTRACT # 17020901
• Make the current System information available to System customers and Owner upon request.
• Represent the System during media interaction.
• Biennial meetings at system location. Meeting at the NWS office on the off year if requested. Any meetings
requested outside of this time frame are billed hourly at the Other Services hourly rate.
• Implement scheduled preventative maintenance programs. (See Tasks Below)
The following tasks and data collection are water system specific and are to be performed on a periodic timeline
relevant to each item. Site visits are necessary to perform the tasks and data collection. Boxes that are checked
will be part of the Included Services at the agreed upon frequency.
Tasks:
® Site visit schedule
® Source meter reading(s)
® Reservoir hatch, vent, screen inspection
® Static Water Level Measurement
® Check Well Pump Operation
® Check Booster Pump Operation
® Clean & inspect interior & Exterior of Pumphouse
® Pressure tank(s) Maintenance
® Recharge tanks(s) (requires hose bibs & valves)
® Water Treatment Operation and Maintenance
® Disinfection
® Auxiliary Power Exercise
REQUIRED SERVICES
Frequency/Notes:
Monthlv
When onsite
Annuallv
By Reauest
Monthlv
Monthly
As Needed .......................
Monthlv
Annuallv
Monthlv
By Reauest
Required Services are services that are not part of Included Services, but are necessary for NWS to effectively manage
the System. The System agrees to use NWS for all Required Services that are applicable to the System.
— Prepare and deliver the annual Consumer Confidence Report if required. Owner is to notify NWS in advance if
prefer to deliver Reports.
— Implement an existing Cross -Connection Control Program. As your Satellite Management Agency and operator in
responsible charge, Northwest Water Systems is required to implement a Cross -Connection Control Program for your
water system. Inspections as needed, administration and compliance.
— Correspondence and onsite meetings with health department and regulatory agencies. NWS is to participate in
representing the System during a Department of Health Sanitary Survey.
The issuance of official Letter of Water Availability to customers of the System.
Meet public notification requirements according to WAC 246-290; Part 7. Reporting; Subpart A — Public Notification
and Consumer Information.
Participate in implementation of remedial actions in emergencies. This includes following Department of Health
directives to address the situation. In emergency situations actions will be taken to protect public health and safety of
the System.
Ascertaining, analyzing, recording and submitting the records of the System's Chlorine Residuals to the Department
of Health. Check the box that applies to the System.
❑ The System does not have continuous disinfection. In the event continuous disinfection is added to the System
this contract is to be renegotiated.
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NWS: OWNER/REP:
CONTRACT FOR MANAGEMENT AND OPERATION OF A SATELLITE WATER SYSTEM
CONTRACT # 17020901
® NWS will use best practices to collect, analyze, and record chlorine residuals as required by Department of
Health (20-28 days per month) and submit the recorded chlorine residuals monthly to NWS via fax or e-mail.
NWS will submit the chlorine residuals to the Department of Health before the 10`h of the following month. All
work in excess of collecting and submitting chlorine residuals, including required follow up call, will be billed
hourly at the Other Services rate.
Contact information for person on site doing daily ops of any treatment:
(contact name, email, phone)
OTHER SERVICES
The following list of Other Services represents typical water system management services provided by NWS to other
systems similar in class and size to the System. This is not an all-inclusive list. All services provided by NWS to the
Owner that are not expressly articulated in the Included Services section will be billed at the applicable hourly rate to the
Owner.
— Arrange for Leak Detection Services.
— Maintain as -built System drawings.
— Verify locations and causes of malfunctions.
— Perform and/or arrange for emergency and/or urgent repairs after NWS has been notified that repairs are needed.
— All support associated with RCW 19.122.027, the One Call Locate program. Provide assistance marking water lines
upon locate request.
— Research and complete census information of the users on the water system.
-- Small Water System Management Program record compilation and updates.
— System flushing.
SECTION 6: CHARGES FOR SERVICE.
Prior to execution of this contract, the first month's Included Services fee and onetime set up fee is required.
Setup Services is a onetime fee of $150.00 for up to two (2) hours and is required prior to execution of this contract in
addition to the first month's Included Services fee. If required, any work beyond these two (2) hours is performed at NWS
Administrative Rate.
The Administrative hourly rate is ifilM
Included Services are billed in advance as a monthly fee of $150.00. If the System is not 100% built out, a $6.00 charge will
be added to the Included Services monthly fee for every additional active connection added beyond the 1St connection.
If System is not active, and / or effective date is not within 30 days of signing the contract, a h2m
annual maintenance fee will be invoiced until contract is active.
Required Services are a flat rate expense set by NWS, the costs are as follows:
— Consumer Confidence Reports are created and sent for JL.20 per active connection.
— Implementing the components of a Cross -Connection Control program requiring a Cross Connection Control Specialist
are billed at $125.98 per hour. The administrative components of implementing the Cross Connection Control Program
are billed at ifiI22 per hour.
— Representing the System at a Department of Health Sanitary Survey is a flat fee of $108.13 for up to 2 hours, including
travel time. Follow up required to complete the deficiencies identified by DOH is included in this 2 hours of included
time, with overage being billed hourly at the Other Services hourly rate.
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NWS: OWNER/REP:
CONTRACT FOR MANAGEMENT AND OPERATION OF A SATELLITE WATER SYSTEM
CONTRACT # 17020901
- Issuance of Water Availability Letters cost JZE&2 for up to 30 minutes research, with overage being billed hourly at
hourly at the Other Services rate.
Response to emergency situations is billed at the Other Services hourly rate.
— Meeting public notification requirements via mail is a flat fee of J54 with an additional $1.09 charge per active
connection.
— Meeting public notification requirements involving door to door notification is billed at the Other Services hourly rate.
Other Services will be charged on a Time -and -Materials basis. Other Services hours are billed at 12LLO per hour in fifteen -
minute increments. All hourly work performed between the hours of 5:00 PM and 8:00 AM Monday — Friday, any major
holiday, and Saturday — Sunday is completed at time -and -half, including necessary travel time.
SECTION 7: TERMS & CONDITIONS
This contract must be accepted within 60 days of the date of creation found at the top of the first page of this contract.
The Washington State Department of Health requires that NWS take immediate action to correct emergencies that may impact
public health, safety and/or property damage. This includes but is not limited to water quality problems, defined as water
sample test results exceeding primary water quality standards. Refer to SECTION 8: REPAIRS & IMPROVEMENTS
regarding Emergency Repair details.
The System must take responsibility for subscribing the System to the One -Call Locate service as applicable, in accordance
with RCW 19.122.030.
Proposals will be presented to the Owner, either in writing or verbally, prior to commencement of Other Services upon
request.
The Owner is responsible to update primary contact information, or inform NWS of ownership changes.
On the Effective Date of the contract the System has the following active connections: 01. The Owner is responsible
for updating NWS with any changes in active connections. A connection is considered Active when water is available for
consumption.
The Owner is financially responsible for all back payments related to undisclosed Active Connections. Undisclosed Active
Connections incur an additional 50% penalty fee for negligent or willful misrepresentation of a connection's status.
This Contract includes all of the terms and conditions of NWS' Satellite Management Agency Plan as it currently exists, and
as amended in the future. Without limiting the foregoing, it is agreed as follows:
— NWS does not own the water system.
— NWS' responsibility is limited to the services included in this contract.
— NWS has no responsibility in the event that the System's source is interrupted, the volume thereof is reduced, or the
water is contaminated.
— NWS is not responsible for failure to perform in situations beyond human control. This includes natural disasters and/or
Acts of God.
— The Owner hereby grants NWS license to enter the pump house and all utility easements in the performance of NWS'
responsibilities under this contract.
— Work requiring engineering services are explicitly excluded from this contract, and require independent proposals.
All Invoices to the System are due 15 days from the date of the invoice. There will be a 30 day grace period from the date the
invoice is due. Any invoice that extends past the grace period will be subject to a 1.5% per month late charge calculated and
applied the day directly following the grace period. Subsequent late charges are calculated based on the invoice amount plus
any previous late charges.
The monthly fee for Included Services increases February 1" of every year by the inflation rate from January I" to December
31" of the preceding year. This inflation rate is identified in the Consumer Price Index posted by the Federal Government.
Each individual fee for Required Services increases February 1" of every year by the inflation rate from January 1" to
December 31" of the preceding year. This inflation rate is identified in the Consumer Price Index posted by the Federal
Government.
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NWS: OWNER/REP:
CONTRACT FOR MANAGEMENT AND OPERATION OF A SATELLITE WATER SYSTEM
CONTRACT # 17020901
The hourly fee for Other Services increases February I" of every year by the inflation rate from January 1" to December 31"
of the preceding year. This inflation rate is identified in the Consumer Price Index posted by the Federal Government.
Reimbursable Expenses include but are not limited to such items as laboratory fees, copying and reproduction expenses,
postage, water system permit & DOH fees and other similar incidental expenses. Reimbursable expenses will be invoiced at
cost plus 20%.
If System has continuous disinfection and fails to take and report chlorine residuals for two consecutive months, System must
install a remote monitoring system or NWS will collect, analyze, record, and submit the records of the System's Chlorine
residuals to the Department of Health monthly as Other Services.
SECTION 8: REPAIRS & IMPROVEMENTS
Prior to the effective date of this contract, the following repairs and/or improvements shall be completed at Owner's expense:
❑ None
❑ (List Repairs/Improvements)
The Owner authorizes NWS to perform or arrange for necessary maintenance repairs that cost less than
Such repairs are to be performed at NWS' professional discretion and will be billed as a Reimbursable Expense on the
Owner's monthly statement. Examples include rodent traps, replacing light bulbs, tank replacements, or any other needed
equipment change out.
Routine and scheduled upgrades or repairs will be performed through an operating agreement with the Primary Service
Provider unless System principal contact or Owner specifies otherwise. Verbal and/or written approval from the System
principal contact or Owner will be sought prior to performance of routine and/or scheduled upgrades and repairs.
Emergency and/or urgent repairs will be performed through an operating agreement with the Primary Service Provider. If
the Primary Service Provider is unwilling or unable to perform the work needed to repair the System or do so on an
acceptable time schedule NWS will contact a qualified and certified service repair provider to perform the work. Unless the
System principal contact or Owner is unavailable, verbal and/or written approval from the System principal contact or
Owner will be sought prior to performance of repairs. If NWS cannot reach the Owner, NWS has authorization to take the
necessary actions to protect public health and safety and/or to prevent/minimize property damage. The Owner is responsible
for all expenses associated with resolving emergencies. NWS will work with the System to arrange timing of repairs for work
related to public health issues, with the limitation of adhering to the Department of Health's requirements. Charges from
repair providers or other contractors will be billed directly to the Owner. Owner may elect to resolve public health issues in-
house, contingent on the involvement of personnel certified to perform the required work. In the case of an imminent health
threat, steps to resolve the issue must be taken within the framework of a time schedule determined by NWS. If the time
schedule is not met, NWS will resolve the water quality issue at Owner's expense.
SECTION 9: DURATION
This contract shall remain in effect for a period of one year from the Effective Date. The contract will renew automatically on
the annual anniversary date of the Effective Date with no action on the part of either party.
The contract may be terminated at any time by NWS due to non-payment of agreed upon fees and charges by Owner. The
contract may be terminated at any time by Owner due to non-performance by NWS. The contract may be terminated at any
time by either party if either party is unable or unwilling to comply with applicable government regulations. The contract may
also be terminated without cause on any anniversary date upon mutual agreement by all parties and with at least 60 days' prior
notice. Any termination notice must be in writing. (E-mail or Mail)
NWS shall provide the Local Health Jurisdiction and the State Department of Health written notification within 30 days of
any contract termination.
SECTION 10: INTEGRATION
This Contract constitutes the entire agreement between the parties. There are no other verbal or written agreements or
representations which modify or affect this contract.
Amendments to this contract shall be in writing and shall be signed by NWS and the Owner.
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NWS: OWNER/REP:
CONTRACT FOR MANAGEMENT AND OPERATION OF A SATELLITE WATER SYSTEM
CONTRACT # 17020901
SECTION 11: INDEMNIFICATION
The Owner shall indemnify and hold NWS harmless from loss, damage, or defense costs including attorneys' and defense
fees arising from actual or alleged negligent acts or omissions of the Owner, its officers, employees, subcontractors or other
agents, limited to the performance of the Owners services set forth in this agreement.
NWS shall indemnify and hold the Owner harmless from loss, damage, or defense costs including attorneys' and defense fees
arising from actual or alleged negligent acts or omissions of NWS, its officers, employees, subcontractors or other agents,
limited to the performance of the NWS services set forth in this agreement.
SECTION 12: AUTHORITY
By signing this contract, I , certify that I am the Owner, or am an authorized
agent of the Owner, and have the legal right to enter the System into a binding agreement with NWS.
SECTION 13: PARTIES SIGNATURES
BRINNON COMMUNITY CENTER WATER SYSTEM
Signature
Print Name
Title
Date
NWS REPRESENTATIVE
Signature (on behalf of Northwest Water Systems)
Print Name (Primary Contact)
Title
Date
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