HomeMy WebLinkAbout15-056 - King County / Starfire Sports - Reclaimed Water Agreement15 -056
Council Approval 3/16/15
RECLAIMED WATER SERVICE AND USE AREA AGREEMENT
BETWEEN STARFIRE SPORTS, CITY OF TUKWILA, AND KING COUNTY
This Reclaimed Wane Service and Use Area Agreement ( "Agreement ") is made and
entered into this 1 ! nday of q, , 2015, between Starfire Sports, a
Washington non - profit corporation ( "St fire "), the City of Tukwila, a Washington
municipal corporation (the "City ") and King County, a political subdivision of the State
of Washington (the "County ") together referred to as the "Parties."
1.0 RECITALS
1.1
Washington State law encourages the use of reclaimed water "to replace potable
water in nonpotable applications, to supplement existing surface and groundwater
supplies, and to assist in meeting the future water needs of the State "; and
1.2 King County has authority to produce and distribute reclaimed water in
accordance with Reclaimed Water Permit Number ST -7445 issued by the State
Department of Ecology on September 30, 2009, as amended or modified from
time to time (the "County Permit "); and
1.3 King County and the City entered into an Agreement for the Sale and Distribution
of Reclaimed Water dated September 11, 2008; and
1.4 The City and Starfire entered into an Agreement on March 1, 2003, to operate as a
ground and use concession and licenses granting Starfire the exclusive right to
develop, construct and operate facilities at the Fort Dent Regional Park located at
6800 Fort Dent Way, Tukwila, Washington (the "Park "); and
1.5 The City, the County, and Starfire entered into a Reclaimed Water Service and
Use Area Agreement on August 25, 2009, which agreement authorized the
purchase of reclaimed water by Starfire for a soccer field and landscaping area
within the Park. That agreement expired on August 25, 2014; and
1.6 Starfire desires to purchase reclaimed water for the purposes described in Exhibit
C at the location depicted on Exhibit A, hereinafter referred to as the "Use
Location "; and
1.7 The use of reclaimed water for irrigation and other uses are regulated by the
Permit, state and local laws, regulations and standards governing the delivery and
use of Class A Reclaimed Water.
NOW, THEREFORE, in consideration of the recitals and the mutual promises and
covenants contained herein, the County and City agree to supply reclaimed water and
Starfire agrees to purchase reclaimed water on the following terms and conditions:
6040 7t 3O -i6/4 -
Starfire Sports Reclaimed Water Service and Use Area Agreement 1
2.0 SUPPLY AND SALE OF RECLAIMED WATER
2.1 The County and the City agree to deliver Class A Reclaimed Water (as defined in
Exhibit B) to Starfire for use in the Use Location. The County and City make no
other representation concerning the quality of the reclaimed water and make no
express or implied warranties whatsoever.
2.2 The County and the City will deliver Class A Reclaimed Water for use by Starfire
in the Use Location up to the maximum flow rate and pressure range specified in
Exhibit C.
2.3 The County and the City will deliver Class A Reclaimed Water to Starfire through
the conveyance system which connects to the Park's irrigation system for the Use
Location. The City has installed and will maintain a reclaimed water meter on the
outlet side of the conveyance system, to provide accurate measurement of the
quantity of reclaimed water supplied to Starfire. Reclaimed water will be
available for use during the time periods identified in Exhibit C.
2.4 In the event of a natural disaster, fire, storm, flood, earthquake or similar
occurrence, an order by a regulatory body or court, the need for emergency
repairs or other necessary work, or whenever the public health or safety so
demands, the County and the City may change, reduce or limit the time for or
temporarily discontinue the supply of Class A Reclaimed Water to Starfire.
Before so changing, reducing, limiting or discontinuing the supply of Class A
Reclaimed Water to Starfire, the County shall, insofar as practicable, notify
Starfire and the City. The County and the City shall not be responsible for any
damage resulting from interruption or change of the Class A Reclaimed Water
supply, or for any damages incurred by Starfire arising out of the use or
transportation of the Class A Reclaimed Water.
In the event that the County and/or City cannot deliver Class A Reclaimed Water
to the Use Location, through no fault of Starfire, for a period exceeding forty -
eight continuous hours, then the City will provide a back -up water source only to
the extent needed to irrigate the Use Location (not to exceed the maximum
quantity or flow rate specified in Exhibit C) and only up to a maximum of ninety
(90) days. If the inability to deliver Class A Reclaimed Water is due to the
actions, omissions or willful conduct of Starfire, its representatives, agents,
employees or volunteers then the obligation, stated herein, to provide a back -up
water source shall not be triggered.
In the event that the County and /or City cannot deliver Class A Reclaimed Water
to the Use Location for more than ninety (90) days for any reason or for no
reason, then the County and City may terminate this agreement and shall be under
no further obligation to provide Class A Reclaimed Water or a back -up water
source under this Agreement. If after ninety (90) days Class A Reclaimed Water
Starfire Sports Reclaimed Water Service and Use Area Agreement 2
is still not available and this agreement is terminated as allowed above, the City
will disconnect the reclaimed water line and connect the irrigation system
previously served by reclaimed water to potable water service. Any modification
requiring a change in the meter size or the existing pipe connection size will be
the responsibility of Starfire. Starfire shall be solely responsible for paying all
potable water use charges at potable water rates.
3.0 RESTRICTIONS ON USE OF RECLAIMED WATER
3.1 Subject to the terms and conditions of this Agreement, Starfire may use the Class
A Reclaimed Water only on the Use Location and only for the irrigation of the
soccer field and landscaping area within the Use Location identified on Exhibit A.
Starfire's use of the Class A Reclaimed Water shall conform to all requirements
of the Reclamation Criteria in Exhibit B
3.2 Starfire shall not sell, transfer, gift or convey the reclaimed water to any person or
party.
3.3 Starfire shall not discharge or release or allow the discharge or release of
reclaimed water to any surface water body or stormwater collection or
conveyance facility from the Use Location.
3.4 Starfire shall irrigate the soccer field at agronomic rates and minimize underdrain
flow to the stormwater pond, reduce ponding, runoff, overspray, and groundwater
infiltration.
3.5 The public and employees shall be notified of the use of reclaimed water at all use
areas. Starfire shall post advisory signs at the Use Location in plain view.
3.6 Starfire shall ensure that its irrigation system is in good working order,
maintained regularly and kept free of leaks. Starfire shall further ensure that its
irrigation controllers are set so that reclaimed water is applied appropriately to the
landscape, to avoid excessive ponding or runoff of water. Sprinkler heads should
be adjusted as necessary to avoid application of water to impervious surfaces.
Reclaimed water, including runoff and spray, shall be confined to the designated
Use Location in accordance with this Agreement.
3.7 Starfire shall ensure that there are no cross connections of potable water and
reclaimed water or reclaimed water and sewage. Starfire shall install appropriate
cross connection control devices on all potable water lines (if any) in the Use
Location in accordance with the State Water Reclamation and Reuse Standards.
3.8 Starfire shall ensure that all reclaimed water piping, valves, outlets and other
appurtenances are color -coded purple or otherwise tagged or marked to identify
the source of the water as being reclaimed water and not intended for drinking.
Starfire Sports Reclaimed Water Service and Use Area Agreement 3
3.9 If Starfire desires to modify or extend the irrigation system it must, prior to any
work, submit plans for such modifications or extensions to the City and the
County for their review and approval prior to commencement of construction. The
City and/or the County may deny said plans at their sole discretion.
3.10 Starfire shall ensure that there are no cross connections with any potable water
systems, including hose bibbs.
3.11 Starfire shall ensure that no hose bibbs are in place for reclaimed water. Quick
connection stations may be allowed in the future if approved as outlined in
Section 3.14.
3.12 Starfire shall ensure that all employees, members, or volunteers using reclaimed
water have completed training in the requirements for appropriate use of the
reclaimed water provided by King County and/or the City. Starfire shall ensure
that all reclaimed water valves and outlets are of a type, or secured in a manner,
that permits operation only by personnel trained.
3.13 Starfire shall not irrigate with reclaimed water when the ground is saturated,
frozen, or during rain events. Precautions shall be taken to assure that reclaimed
water or reclaimed water mist shall not be sprayed on people, any facility, or area
not designated as the Use Location.
3.14 If Starfire is not in breach of any term or condition of this Agreement and if the
City concurs, then Starfire may, during the term of this Agreement, propose a
modification to the reclaimed water uses and/or to the Use Location described in
Exhibits A and C of this Agreement, by submitting to the County a written
request for modification of reclaimed water use and/or of the Use Location,
setting forth a description of the proposed modification, the purpose of the
modification, and the proposed quantity, flow rate, and desired availability of
Class A Reclaimed Water requested for the proposed modification. The County
will review the Request for Modification of Reclaimed Water Use and /or Use
Location and either approve or deny the request. The County's decision to
approve or deny the request for Modification of Reclaimed Water Use and/or Use
Location shall be in the County's sole and absolute discretion. King County is the
Reclaimed Water Permit holder and must comply with the terms and conditions of
the State - issued permit, which includes approved uses and use locations. Starfire
shall not use reclaimed water for uses or in Use Locations except as identified in
Exhibits A and C without the prior written approval of the County which approval
may be withheld in the County's sole and absolute discretion. For purposes of this
paragraph the City shall acknowledge its concurrence in Starfire's proposed
request for modification to the reclaimed water uses and /or to the Use Location by
submitting a written notice of concurrence, signed by the City Administrator or
his or her authorized designee. City Council action shall not be required to effect
a modification under this Section 3.14.
Starfire Sports Reclaimed Water Service and Use Area Agreement 4
If the County approves the proposed modification of reclaimed water use and/or
Use Location, then the County shall revise Exhibits A and C to this Agreement to
reflect the approved modification to reclaimed water use and/or Use Location (the
"Revised Reclaimed Water Use" or "Revised Use Area" ") and shall send the
revised Exhibits A and C to the Parties at the addresses set forth in Section 11
below. The Revised Reclaimed Water Use and/or Revised Use Location shall
become effective on the date of the County's transmittal of the revised exhibits.
Starfire shall bear any and all costs associated with any and all requests for
modification of the Reclaimed Water Use or Use Location. The County is, and
shall be, under no obligation, directly or indirectly, to pay for any labor, material,
or improvements associated with any change in reclaimed water use.
4.0 RIGHT OF ENTRY/INSPECTION
Representatives from the Departments of Health and Ecology, King County,
and /or the City shall have authority to regulate distribution, enter and inspect the
Park and Use Location and to terminate service of reclaimed water for any
violation of the Washington State Water Reclamation and Reuse Standards, the
Permit, or any term or condition in this Agreement. Starfire hereby grants the
City and the County and their duly authorized employees, agents, representatives
and contractors, reasonable access to the Park and the Use Location, for any such
purpose including, but not limited to, meter reading, cross connection control
inspections and verification of reclaimed water use, use patterns, and signage.
5.0 PRICE OF RECLAIMED WATER
5.1 During the term of this Agreement, Starfire shall pay the City an agreed upon rate
identified in Exhibit D for the volume measured at the reclaimed water meter.
5.2 The price charged by the City for the use of the reclaimed water may change as
the cost of providing the reclaimed water changes.
5.3 The City shall bill Starfire on a monthly basis and Starfire shall pay the amount
due based upon the metered flow and said price.
5.4 In the event of non - payment for sixty (60) days after mailing of invoice, the City
and/or the County may disconnect Starfire's irrigation system and stop delivery of
Class A Reclaimed Water to the Use Location. This remedy is in addition to all
other remedies.
5.5 Starfire shall provide to the County and the City all requested documentation and
records, including, but not limited to, reclaimed water use quantities, methods of
application, irrigation schedules, details of installed infrastructure, and other
information required by the County as part of the County's annual regulatory
reporting and five year permit submittal process.
Starfire Sports Reclaimed Water Service and Use Area Agreement 5
6.0 WATER RIGHTS
No water right is created by this Agreement.
7.0 COMPLIANCE WITH LAWS GOVERNING RECLAIMED WATER
7.1 Starfire agrees that it will comply with all applicable federal, state and local laws,
regulations and standards governing the use of Class A Reclaimed Water.
7.2 Starfire's use of Class A Reclaimed Water must meet all applicable requirements
contained in the Reclamation Criteria in Exhibit B.
7.3 A violation of these terms and conditions or of State standards and regulations
may result in termination of Class A Reclaimed Water service under this
Agreement.
8.0 INDEMNIFICATION
To the maximum extent permitted by law, Starfire shall hold harmless, indemnify
and defend the City and King County from any claims, suits, actions, losses,
penalties, judgments, and awards for damages of any kind arising out of or in
connection with the use of Class A Reclaimed Water provided under this
Agreement, except to the extent arising out of the negligence or other fault of the
City and/or King County.
Starfire agrees that its obligation under this section extends to any claim, demand,
and or cause of action brought by or on behalf of any of its employees, or agents.
For this purpose, Starfire, by mutual negotiation, hereby waives, as respects the
The City and King County, any immunity that would otherwise be available
against such claims under the Industrial Insurance provisions of Title 51 RCW of
the State of Washington. The foregoing duty is specifically and expressly
intended to constitute a waiver of Starfire's immunity under Washington's
Industrial Insurance Act, RCW Title 51.
9.0 TERMINATION
This Agreement may be terminated immediately for cause, including but not
limited to non - payment of water charges or a violation of the requirements
described in Sections 3 and 7 of this Agreement.
This Agreement may also be terminated upon thirty (30) days written notice by
the County if the County cannot deliver Class A Reclaimed Water to the Use
Location for more than ninety (90) days as described in Section 2.4 of this
Agreement.
Starfire Sports Reclaimed Water Service and Use Area Agreement 6
10.0 TERM OF AGREEMENT
The term of this Agreement shall commence on the date of execution by the
Parties and continue, subject to the terms and conditions hereof, for a term of 5
years, unless terminated earlier as allowed herein.
11.0 NOTICES
Any notices required or authorized herein shall be in writing and shall be deemed
to have been duly given if delivered personally, sent by nationally recognized
overnight delivery service, or sent by registered or certified mail if mailed or
deposited in the United States mail, return receipt requested, postage prepaid to
the Parties at the addresses listed below
Starfire Sports:
Ben Oliver
ATTN: General Manager
Starfire Sports
14800 Starfire Way
Tukwila, WA 98188
(206) 267 -6416
ben @starfiresports.com
City of Tukwila:
Pat Brodin
ATTN: Operations Manager
600 Minkler Blvd
Tukwila, WA 98188
(206) 433 -1861
pwutil @ci.tukwila.wa.us
King County:
For contractual related notices:
Kristina Westbrook
ATTN: Recycled Water Program Manager
Wastewater Treatment Division
KSC -NR -0512
201 S. Jackson Street
Seattle, WA 98104 -3855
206 - 477 -5522
kristina.westbrook@kingcounty.gov
Starfire Sports Reclaimed Water Service and Use Area Agreement
For reclaimed water operational related notices:
Curtis Steinke
ATTN: Reclaimed Water Process Analyst
South Treatment Plant
RTP -NR -0100
1200 Monster Rd SW
Renton, WA 98055
206 - 684 -2456
curtis.steinke@kingcounty.gov
or to such other addresses as the Parties may from time to time designate in
writing and deliver in a like manner. Notices may also be given by facsimile
transmission (provided the fax machine has printed a confirmation of receipt).
All notices that are mailed shall be deemed received three (3) business days after
mailing. All other notices shall be deemed complete upon actual receipt or refusal
to accept delivery.
12.0 ASSIGNMENT
This Agreement may not be assigned by Starfire and may not be transferred to a
location or for a purpose not authorized under this Agreement without the express
written consent of the County.
13.0 NON - WAIVER
Waiver of any breach of any provision of this Agreement shall not be deemed to
be a waiver of any prior or subsequent breach, and shall not be construed to be a
modification of this Agreement.
14.0 AMENDMENT
Except as provided in Section 3.14 above, this Agreement may be amended only
by an instrument in writing duly executed by all of the Parties to this Agreement.
15.0 GOVERNING LAW; VENUE
This Agreement shall be governed by and construed and enforced in accordance
with Washington law and the Parties agree that for any legal action or proceeding,
venue shall be in King County Superior Court, in Seattle Washington.
Starfire Sports Reclaimed Water Service and Use Area Agreement 8
16.0 AUTHORITY
Each individual signing this Agreement warrants that he or she has the authority
to enter into this Agreement on behalf of the Party for which that individual signs.
IN WITNESS WHEREOF the undersigned, being duly authorized, have caused this
Agreement to be executed on the dates shown below.
CITY OF TUKWILA
KING COUNTY
BY:
Title:
tewater Tre
Director
ent Division
Approved to fo
BY:
Title: City Attorney
Date:
Approved as to form
BY:
Title: King County Pr
Office
Date: oZ Ja-7 /LS Date: 2/261
STARFIRE SPORTS
1RAA:
BY:
Title: General Manager / bem.6l v.d'e(
Date: Q2' 2 / I
ecuting Attorneys
Exhibits
A Reclaimed Water Use Location Map
B Definitions
C Approved Uses, Use Locations, and Reclaimed Water Availability
D Rate and Price for Reclaimed Water Usage
Starfire Sports Reclaimed Water Service and Use Area Agreement 9
Grass Field 12
& Landscape Areas
Irrigated with
Reclaimed Water
71-
N STARFIRE SPORTS
S 149TH ST
sl<ING COUNTY,
SOUTH TREATMENT
PLANT
SVJ 16TH ST
S 156TH ST
'*' Reclaimed Water Facility
0 Reclaimed Water Meter
- Reclaimed Water Pipe
N
400 200 0
Starfire Sports Complex
South Treatment Plant
Reclaimed Water
Use Location
400
Feet
September 2014
L.41 King County
Department of
Natural Resources and Parks
Wastewater Treatment
Division
The Information Included on this map has been compiled from a variety of sources and Is
subject to change without notice. King County makes no representations or warranties,
express or Implied, as to accuracy, completeness, timeliness, or rights to the use of such
Information. This document is not Intended for use as a survey product. King County
shall not be liable for any general, special, Indirect, incidenlial, or consequential damages
including, but not limited to, lost revenues or lost profits resulting from the use or misue
of the Information contained on this map. Any sale of this map or Information on this map
Is prohibited except by written permission of King County.
File Name: C:\ \WTD \Projects \BW_ Reuse \Projects \Startire_permit.mxd - Shari Cross
Exhibit A
Starfire Sports Complex
Reclaimed Water Use Location
EXHIBIT B
DEFINITIONS
1. Class A Reclaimed Water: means reclaimed water that, at a minimum, is at all
times an oxidized, coagulated, filtered, disinfected wastewater and meets State Class A
standards as defined in the State Reclamation and Reuse Standards. At the date of this
Agreement, the standards are: the wastewater shall be considered adequately disinfected
if the median number of total coliform organisms in the wastewater after disinfection
does not exceed 2.2 per 100 milliliters as determined from the bacteriological results of
the last seven days for which analyses have been completed, and the number of total
coliform organisms does not exceed 23 per 100 milliliters in any sample.
2. Reclaimed Water: means water derived in any part from sewage from a
wastewater treatment system that has been adequately and reliably treated, so that as a
result of that treatment, it is suitable for a beneficial use or a controlled use that would not
otherwise occur, and it is no longer considered wastewater. For the purpose of this
Agreement, reclaimed water shall be further defined as Class A reclaimed water.
3. Reclamation Criteria: means the criteria set forth in the Washington State Water
Reclamation and Reuse Standards, Publication #97 -23 (September 1997) and any
subsequent revisions adopted by the Departments of Ecology and the Department of
Health, as defined in RCW 90.46.010(12) prior to and during the term of this agreement.
Starfire Sports Reclaimed Water Service and Use Area Agreement 11
EXHIBIT C
APPROVED USES, USE LOCATIONS,
AND RECLAIMED WATER AVAILABILITY
Approved Reclaimed Water Uses (when used in accordance with the Reclaimed
Water Criteria and this agreement): irrigation
Approved Use Location: Grass Field 12 and landscaping area as shown on Exhibit
A for approved water uses only.
Quantity, Flow Rate, and Pressure of Class A Reclaimed Water:
Flow Rate Range Available (except as noted in Sections 2.5 and 9.0): 50 -200 gpm
Maximum Annual Quantity Usage: 2.5 million gallons per year
Pressure Range: minimum 60 psig and maximum of 95 psig immediately prior to the
irrigation system at the Use Location.
Availability of Reclaimed Water:
February 1 — February 29: Available upon request for emergency irrigation
water needs due to unusually dry weather
conditions, with 7 days notice
March 1 - March 31: Tuesday, Wednesday, Thursday
April 1 — October 31: Seven (7) days per week
November 1 — November 7: Tuesday, Wednesday, Thursday
November 8 - January 31: Not available
Starfire Sports Reclaimed Water Service and Use Area Agreement 12
EXHIBIT D
RATE AND PRICING OF RECLAIMED WATER
King County will deliver reclaimed water to the City of Tukwila as per the terms of the
AGREEMENT FOR THE SALE AND DISTRIBUTION OF RECLAIMED WATER
BETWEEN THE KING COUNTY DEPARTMENT OF NATURAL RESOURCES
AND PARKS AND THE CITY OF TUKWILA dated January 2008.
The cost of delivery to Starfire shall be based upon 80% of the current City of Tukwila
commercial /industrial water charge. The water rates outline below will be adjusted
annually based upon any subsequent rate adjustment ordinance by the City.
Water Commodity Charge per CCF (1.00 cubic feet)
Tukwila Potable October -May Usage Charge = $4.38 per CCF
Tukwila Peak June - September Usage Charge = $6.00 per CCF
Reclaimed Water Commodity Charge per CCF (100 cubic feet)
Reclaimed Water October -May Usage Charge $3.51 per CCF
Reclaimed Water October -May Usage Charge $4.80 per CCF
NOTE: Minimum base meter charge also applies according to meter size. Table is found
at http: / /www.tukwilawa.gov /finance /finutility.html #rates
Starfire Sports Reclaimed Water Service and Use Area Agreement
13