RE PSE's Yelm Project (1)IPM.Note
RE: PSE's Yelm Project
RE:
Tami Merriman
Stephanie Ray
Tami Merriman
EX
/O=CITYOFYELM/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=STEPHANIE
PSE's Yelm Project
EX
/O=CITYOFYELM/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=TAMI
EX
/O=CITYOFYELM/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=TAMI
Stephanie Ray
EX
/O=CITYOFYELM/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=STEPHANIE
Tami Merriman; 'Markos, Andy'
PSE's Yelm Project
Attached is the RW agreement for your review. Once the City receives the
final landscape plan/proposal an allocation of reclaimed water based on
square footage and plant type will be established.
Stephanie Ray
City of Yelm I Project Manager
901 Rhoton Road I Yelm I WA I 98597
Phone: (360) 458-8414 I Fax: (360) 458-8417
stephanier@ci.yelm.wa.us
www.ci.yelm.wa.us
________________________________
From: Tami Merriman
Sent: Tuesday, July 20, 2010 4:34 PM
To: Markos, Andy
Cc: Stephanie Ray
Subject: RE: PSE's Yelm Project
You will be working with Stephanie Ray in our Public Works Department
for the Reclaimed water agreement.
Stephanie Ray, Project Manager (360) 458-8414. She can answer your
questions regarding the agreements and other examples.
For the landscaping, we usually get an assigned savings, and hold the
cash. The other that we have accepted is a signed contract with a
landscaping company.
For the right of way dedication, I think that the dedication is required
on the other side of the road at the south side, but not sure as it
curves around the corner. I am not sure what WUTC mandates would
conflict with R-O-W dedication.
I would need to see the modifications to determine who you might need to
speak to...
Thanks
Tami Merriman
Associate Planner
City of Yelm
tamim@ci.yelm.wa.us <mailto:tamim@ci.yelm.wa.us>
360.458.8496
From: Markos, Andy [mailto:andy.markos@pse.com]
Sent: Tuesday, July 20, 2010 4:08 PM
To: Tami Merriman
Subject: PSE's Yelm Project
Hi Tami
I have reviewed the staff report, it looks great. I have a couple of
questions/comments I'm hoping you might be able to answer.
1. I would like to get a copy of the user agreement for the
reclaimed water. Also, do you have any copies of the approval
requirements or documents for WA Dept of Health and Ecology from past
applications?
2. What types of performance assurance device for landscaping does
the city prefer? Can I get of copy of the standard forms?
3. As for the Right of Way dedication, PSE is in support of this
approach, but we have WUTC mandates that we need to meet also, so we
need to talk a little about this item.
Finally, we are completing the transmission design, and have a couple of
minor modifications to the earlier design submittal the city had a
chance to review. There is no modifications to the Yelm Creek area, but
there are two other areas that we would like to meet with Public Works
and maybe anyone else you think may be interested. Could you provide me
a contact name and number?
Thanks, talk to you soon.
Andy
Andy Markos, AICP
Senior Planner
PUGET SOUND ENERGY
253-476-6295 tel
253-380-6903 cell
3130 S 38th Street
Tacoma, WA 98409
www.PSE.com
<DC90029353CCCD468AA2A2858FFCD8F5D62ECF@server1.ci.yelm.wa.us>
<2A5A79DA38EFEB4CBADF4F3748FBDC8A1885FCF4@sestexc1.puget.com> <DC90029353CCCD468AA2A2858FFCD8F5D62EA3@server1.ci.yelm.wa.us>
<DC90029353CCCD468AA2A2858FFCD8F5D62EA3@server1.ci.yelm.wa.us>
Tami Merriman
11.0
2. Template User Agreement
2. Template User Agreement
Tami Merriman
EX
/O=CITYOFYELM/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=Tami
tamim@ci.yelm.wa.us
458-8496
Community Development
Tami Merriman
Tami Merriman
'Markos, Andy'
SMTP
andy.markos@pse.com
'Markos, Andy'
Markos, Andy
2. Template User Agreement.doc
CITY OF YELM
WATER RECLAMATION FACILITY
USER AGREEMENT FOR RECLAIMED WATER
This Agreement is between the City of Yelm, Thurston County, Washington, P.O. Box 479, 105 Yelm Ave. W, Yelm WA 98597 (hereinafter referred to as "City") and INSERT USER NAME HERE for
INSERT NAME OF USER'S PROPERTY HERE (hereinafter referred to as "User”) whose address for notification is INSERT USER'S CONTACT ADDRESS HERE
RECITALS
A. City owns and operates the City of Yelm’s Water Reclamation Facility, which generates Class A reclaimed water, as defined in the Water Reclamation and Reuse Standards and in Chapter
90.46 RCW and more particularly described in the City of Yelm’s Water Reuse Project Facilities Plan, dated September 1995, attached hereto by reference. The City desires to sell a
portion of said reclaimed water produced by the Water Reclamation Facility, pursuant to City's water conservation efforts.
User owns or operates approximately INSERT PROPERTY'S ACREAGE HERE acres of real property, whose address is INSERT ADDRESS OF USER'S PROPERTY HEREmore particularly described as: See
Exhibit A and map attached hereto. User desires to acquire a portion of City's reclaimed water for a beneficial use as described herein for use on said real property as shown on the
attached site plan.
User has designated the following person as being responsible for maintenance and operation of the reuse facilities:
Name: NAME OF USER'S ASSIGNEE
Address: ASSIGNEE'S STREET ADDRESS/P.O. BOX
ASSIGNEE'S SUITE NUMBER
CITY, STATE ZIP-CODE
Phone Number: (AREA CODE) PHONE NUMBER (Ext. EXTENSION NUMBER)
TERMS AND CONDITIONS
City agrees to provide reclaimed water and User agrees to pay City for the use of said reclaimed water, according to the following terms and conditions:
Term
The term of this Agreement is for a period of INSERT AGREEMENT DURATION HERE years, commencing __/ __/__ and ending __/ __/ __, unless terminated earlier as allowed herein.
2. Amendments
The City reserves the right to amend this Agreement to account for changes in overall city use patterns.
3. Class of User
The user is classified pursuant to the terms of this Agreement as INSERT USER CLASS HERE defined as follows:
Interruptible: An interruptible class of user is a user who’s reclaimed water supply may be interrupted from time to time and no potable makeup-water will be supplied. Specifically,
for conservation purposes, the City reserves the right to suspend, restrict or specify the time of use or the amount of use of the reclaimed water service, at will. Notification of
service restrictions will be issued to the user in Stages:
Stage 1: Normal daily service
Stage 2: Service every-other day
Stage 3: Service every third day
Stage 4: Suspension of service
4. Quantity of Reclaimed Water
The City produces a limited quantity of Class A reclaimed water at the Water Reclamation Facility. The amount of reclaimed water available is dependent on the number of users connected
to the facility. The total amount of water that is available is a factor of the plant’s flow and the amount of reclaimed water being consumed at any given time by the users currently
connected to the system. As such, the User is limited to the flow rate and volume as specified in this Section. In order to manage the system, this Agreement also specifies when the
the reclaimed water can be used, the time duration for irrigation cycles and the maximum total annual volume the City will attempt to deliver.
City will deliver, through a water meter, the reclaimed water to User's property for use in User's system at a not to exceed flow of #GPM gpm. The maximum volume of reclaimed water
to be delivered to the User’s site is limited to #ACRE FEET acre-feet per year. The City will make every attempt to supply this amount of reclaimed water but this Agreement does not
guarantee the User will receive this amount of water.
5. Use of Reclaimed Water
Where can the reclaimed water be used?
The reclaimed water shall only be used on the property as shown on Exhibit “A”.
What can the reclaimed water be used for?
Subject to the terms and conditions of this Agreement, the User may use the reclaimed water for irrigation of lawns, ball fields, playgrounds, flower beds, trees, shrubs, etc. on land
described in Exhibit A. Irrigation shall be applied in zones with design flows that do not exceed the maximum allowable flow permitted in this Agreement.
When can reclaimed water be used?
The City has identified four stages of conservation for the system depending on climatic conditions and system demands. Each consecutive stage has more stringent conservation measures.
The City will provide notification to the User the level of the conservation Stage as follows:
Stage 1: User can normally expect to use reclaimed water every day.
Stage 2: User shall use reclaimed water every-other day of the week.
Stage 3: User shall use reclaimed water only on every third day of the week.
Stage 4: User shall suspend use of reclaimed water until further notice.
Unless informed otherwise by the City, the User will use reclaimed water under Stage INSERT # HERE Conservation. City will provide User with notification should the City anticipate a
disruption of reclaimed water service in excess of 48 hours.
The User shall only irrigate between the hours of INSERT START TIME HEREand INSERT END TIME HERE
How much reclaimed water will be supplied?
The maximum flow shall not exceed #GPM gallons per minute.
The total annual volume of water used, as measured through the meter, shall not exceed #ACRE FEET acre-feet, (#GALLONS gallons).
Reuse criteria
Precautions shall be taken to assure that reclaimed water will not be sprayed on people or any facility or area not designated for reuse, including but not limited to buildings, passing
or parked vehicles, and drinking water fountains.
There shall be no application of reclaimed water for irrigation purposes when the ground is saturated or frozen, or when directed by the City to temporarily suspend use of reclaimed
water.
During the term of this Agreement, User shall only use the reclaimed water on the User's land identified in Exhibit “A”, attached hereto.
User agrees to not exceed a flow of #GPM gallons per minute (gpm) of use of the reclaimed water. User agrees the use of reclaimed water for irrigation purposes shall be at normal agronomic
rates for the types of plants and vegetation being irrigated. Agronomic rate is defined as that amount of water required for plant or vegetation growth without saturation of the underling
soils. The User agrees to restrict the times of use for the conservation stage designated by the City and to only use the water during the time period identified herein. User shall
utilize moisture meters in conjunction with irrigation controllers to ensure reclaimed water is not applied during periods of rainfall and to prevent over-watering.
User agrees to not use more than a maximum volume of #ACRE FEET acre-feet per year of reclaimed water, as measured at the meter, on an annual basis.
The User must ensure that their use of reclaimed water for irrigation adheres to sections E1-6.8 through E1-6.10 of the Washington State Department of Ecology’s Criteria for Sewage Work
Design. Particularly the User must ensure that reclaimed water is not applied faster than the local soil can infiltrate. Should ponding occur, the User shall change the irrigation
amount or pattern to eliminate the ponding.
The penalty for not adhering to the terms and conditions of this Agreement as it relates to: maximum rate of flow; time of use; the total annual volume; or any of the criteria established
in the Washington State Department of Ecology’s Criteria for Sewage Work Design, shall result in immediate termination of service.
6. Price of Reclaimed Water
During the term of this Agreement, or as modified from time to time, User shall pay the City 80% of the potable water Tier 1 block rate as measured at the reclaimed water meter. The
City shall bill and User shall pay the amount due based upon the metered flow and said price. The price charged by the City for the use of the reclaimed water may change as the cost
of providing the reclaimed water changes. Any change in rates will require a change in this Agreement.
7. City's Right of Entry / Inspection
User hereby grants City, City's duly authorized employees, agents, representatives and contractors, reasonable access to User's land, as identified in Section 5a, for purposes of making
any necessary installation and/or inspection of ground water quality monitoring equipment and any necessary inspection of: including, but not limited to, meter reading, cross connection
control devices, back-flow prevention devices and verification of reclaimed water use and use patterns as identified in Section 4 and Section 5. In the course of making said inspection,
City shall interfere as little as possible with User's use and enjoyment of said land.
8. Back-Flow Prevention Devices
The reclaimed water system requires the installation of a “reduced pressure back-flow prevention” (RPBP) device on the User’s potable water system. This unit is situated above ground,
and as such, requires heat to prevent freezing in the winter. The User shall be responsible for the installation and maintenance of the device and the power cost associated with the
RPBP. The User grants the City authorization to inspect the device pursuant to paragraph 7 above.
9. Conditions Suspending Duty to Deliver Reclaimed Water
The parties acknowledge that it is impossible to anticipate all the events that may occur which would prevent City from delivering reclaimed water to the User pursuant to this Agreement.
It is the intention of the parties that City shall be relieved of the responsibility for providing reclaimed water when it is not reasonably within their means to do so.
Parties further acknowledge that City’s maximum flow from the water reclamation facility is limited to wastewater flows entering the facility and flow capacity is subject to total user
demand on the reclaimed water system.
User acknowledges that the City’s system may not be capable of delivering reclaimed water, from time to time, which meets Class A reclaimed water quality standards in the amounts required
by the User for the intended purpose identified herein. City will initiate a conservation strategy in stages as identified in Section 5. City will make every attempt to provide advance
notice of the Stage 4, interrupted service to User. In case of interruption of reclaimed water service, Stage 4, City will not provide potable water make up to the User. However, if
the User petitions the City, and the City agrees that a situation exists where it is deemed critical that potable water be supplied to the User in the absence of reclaimed water for
the protection of the health, safety and welfare of the community, then the City will supply water and the User agrees to pay the full tiered potable water rate times a factor of two
(2.0) for all potable water consumed as measured through the reclaimed water meter. If the City supplies potable water pursuant to this paragraph, the City shall assume no obligation
to continue to supply potable water and shall have the right to terminate the supply at their sole discretion.
City's general duty to deliver the reclaimed water notwithstanding, City may suspend delivery of said water if delivery is prevented by a cause outside of City's control, including,
but not limited to, act of God, shortage of wastewater, malfunction or upset of City’s system which prevents delivery of Class A reclaimed water, actions of a third party, order of a
governmental regulatory authority, or if City determines that the reclaimed water poses a significant risk to public health or safety, or if City determines, in good faith, based upon
the advice of counsel, that any aspect of the parties' performance hereunder may be contrary to law.
10. Service Pressure
A service pressure of 70 psi, (+/- 10 psi) as measured at the property line, at the flow rate established in this Agreement, will be provided by the reclaimed water system. When a reasonable
service pressure is not available to the User’s facilities, due to elevation differences or flow requirements, the User shall be responsible for correcting this situation. The City
will not be responsible for inadequate pressures at the User’s site. If the system pressure is too high, the User shall utilize pressure regulator(s) downstream of the meter to obtain
the correct pressure. If the system pressure is too low, the User shall provide booster pumping to increase the pressure to the User’s site.
11. Future Improvements/Expansions
Any and all onsite system improvements, including supplies or repairs to the reclaimed water system on the User’s property shall be born by the User. This includes piping, sprinkler
heads, hoses, signage, etc. The User shall contact the City for the specifications of approved materials.
12. Restrictions Governing Use of Reclaimed Water
User understands that the reclaimed water is not potable. Accordingly, User shall use the reclaimed water for only the purposes identified in Section 5 and shall not sell, transfer
or convey the reclaimed water to any other User. User shall at all times comply with the use restrictions of reclaimed water contained in the Water Reclamation and Reuse Standards.
User shall not directly release the reclaimed water to any surface waters of the State of Washington, including the Nisqually River or any of its tributaries.
The public and employees shall be notified of the use of reclaimed water at all use areas. This shall be accomplished by the posting of advisory signs at the use areas, notices on golf-scorecards,
distribution of written notices to the residents of developments with reclaimed water service, parents of children enrolled at schools with reclaimed water service or employees at companies
using reclaimed water service, or by other methods. Examples of notification include the posting of warnings on employee break-room notice-boards, distributing warnings with monthly
school newsletters, and adding reminders to homeowner’s association flyers. The City will work with the User to identify the means of implementation of the City’s signing requirements
and/or other steps necessary to accomplish appropriate public notification.
The required signs can be purchased from the City at Public Works. The User shall submit all written notices to the City Public Works Department for review prior to publication.
Adequate measures shall be taken to prevent ponding of reclaimed water per the requirements of the Water Reclamation and Reuse Standards.
Reclaimed water, including runoff and spray, shall be confined to the designated and approved use area in accordance with this Agreement.
Maximum attainable separation between reclaimed water lines and potable water lines shall be practiced. A minimum horizontal separation of ten (10) feet shall be maintained between
reclaimed water lines and potable water lines. When crossing, a minimum vertical separation of 18 inches shall be maintained between reclaimed water lines and potable water lines in
accordance with the 1999 Edition of Criteria for Sewage Works Design, Washington State Department of Ecology, and the potable water line shall be above the reclaimed water line unless
otherwise approved by the Washington Departments of Health and Ecology.
All reclaimed water valves, storage facilities, and outlets shall be tagged or labeled to inform the public or employees that the water is not intended for drinking. User to contact
the City to obtain sources of material for appropriate signage for the facility.
All reclaimed water piping, valves, outlets and other appurtenances shall be color-coded purple (Pantone 522 or other shades of purple acceptable to the City). Meter and valve boxes
shall be marked to identify the source of the water as being reclaimed water. Sleeving of reclaimed water pipes is not allowed by the City’s Development Guidelines and Reclaimed Water
Ordinance. Sleeving will only be allowed for special circumstances such as where ductile iron pipe is required for a pipe crossing of a potable water line. Whenever the User plans
on modifying or extending the irrigation system, a plan shall be submitted to the City for review of proper placement and proper signage and/or color coding. If the User is converting
an existing irrigation system, the existing pipe will be allowed to be utilized, but all existing irrigation heads will be required to changed out to purple heads and valve boxes changed
to the color coding as specified herein. (Reference is made to the DOE Criteria for Sewerage Works Design for requirements.)
All reclaimed water valves and outlets shall be of a type, or secured in a manner, that permits operation only by authorized personnel.
No cross connection with the potable water system, including hose bibbs, shall be allowed.
Standard hose bibbs on reclaimed water lines are prohibited. Hoses, if any, shall have a special connection to the reclaimed water system.
Adequate measures shall be taken to prevent the breeding of vectors of health significance and the creation of odors, slimes, or aesthetically displeasing deposits.
Reclaimed water shall not be used inside any residential unit, living space, classroom or office space.
User understands that reclaimed water has restricted uses and agrees to use it only upon its own premises, under its direct control, and in accordance with all applicable laws, regulations
and rules existing or adopted during the life of this Agreement.
13. Public Safety / Warnings
User shall inform all of User's employees and agents who may be exposed to the reclaimed water that reclaimed water is not potable and shall not be used for drinking. Further, while
the reclaimed water can not be used for potable uses, the water is safe for bodily contact and the use shall comply with the provisions of the Water Reclamation and Reuse Standards concerning
public access and signage.
14. Breach
If either party breaches any of the terms and conditions of this Agreement, or violates any term of Section 13.24 in Title 13 of the Yelm Municipal Code, the other party shall send written
notice of the breach to the breaching party. Examples of breaches include refusal to adhere to conservation protocols, using more reclaimed water than allowed in the Agreement, using
reclaimed water for any purpose not mentioned in this Agreement, and the discharging of waste into the reclaimed water system. The breaching party shall have ten (10) days from the
date of receipt of said notice in which to take significant corrective action. If breach is material and if said action is not taken within ten (10) days, or if said action has been
taken previously but has not resulted in an elimination of the breach within a reasonable time as determined by the non breaching party, the non breaching party may in addition to any
other remedies provided by law, terminate this Agreement. Use of more that the total volume of water allowed annually in this Agreement will result in termination of service for the
calendar year. Use of more flow rate than allowed in this Agreement will result in suspension of service until devices are installed by the User to restrict the flow rate.
15. Termination
This Agreement shall remain in effect for the duration identified in Section 1, Term. The City may terminate this Agreement for convenience upon three (3) months’ advance written notice.
The City will not be obligated to supply potable water.
16. Reclaimed Water Quality
City shall endeavor to provide Class A reclaimed water, as defined in the Water Reclamation and Reuse Standards. The treatment plant is designed to stop delivery of reclaimed water to
the system should the quality of water not meet Class A standards. The City makes no other representation concerning the quality of the reclaimed water and makes no express or implied
warranties whatsoever, subject to the remedies offered per the class of user.
17. Disclaimer / Indemnity / Hold Harmless
City shall not be liable to User for any loss of vegetation or plants due to reduced or interrupted flow, including, but not limited to, damages paid to third parties, incurred by User
arising out of the use or transportation of the reclaimed water which is the subject of this Agreement. To the fullest extent permitted by Laws and Regulations, User shall defend, indemnify,
and hold harmless City, its officers, employees, agents, representatives and consultants from and against all claims, demands, penalties and causes of action of any kind or character,
including the cost of defense thereof, including attorney fees, arising out of or relating to personal injury, death, breach of contract or damage to property arising out of User's use
of the reclaimed water or any suspension of reclaimed water service by the City.
18. Water Rights
No water right is created by this Agreement.
19. Compliance with Washington Administrative Rules
User represents that User has read and understands the Water Reclamation and Reuse Standards of the State of Washington. City shall be directly responsible and liable to the Washington
State Department of Ecology for meeting the current guidelines, dated February, 1997, and requirements of City's National Pollution Discharge Elimination System (NPDES) permit as each
may be amended from time to time. User shall report any and all violations of this Agreement or said rules to the City immediately upon discovery.
20. Miscellaneous Provisions
This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington.
This document contains the entire Agreement of the parties. Any waiver or modification of the terms of this Agreement must be in writing.
If any legal authority having the proper jurisdiction deems any portion of this Agreement not to be enforceable, invalid or illegal, all portions of this Agreement not so identified
shall remain in full force and effect.
The captions of this Agreement shall have no effect on the interpretation of this Agreement.
This Agreement touches and concerns the land identified in 5a and is intended by the parties to run with the land. The City will record this Agreement with the Thurston County Auditor.
This Agreement shall be binding on the heirs, successors, lessees, sublessees, and assigns of the parties. This Agreement shall be bound to the real property as identified herein. User
shall not sell, assign or transfer User's interest in this Agreement, or assign, sell, or transfer the reclaimed water identified hereunder without City's approval.
This Agreement and any subsequent amendments shall not be effective until approved by the Mayor and Council of the City of Yelm.
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by these offers thereunto duly authorized.
DATED this ___ day of __________, year _______
City of Yelm User
By: _______________________ By: _________________________
Title: Mayor Title: _________________________
Date: _____________________ Date: _________________________
APPROVED by:
By: ______________________
City Council
Date: ____________________
APPROVED to Form by:
By: ______________________
City Attorney
Date: ____________________
City of Yelm Page 4 of 9 Reclaimed Water User Agreement
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2TEMPL~1.DOC
2. Template User Agreement.doc