HomeMy WebLinkAboutPW06-028 - Original - Bridle Trails South Community Water System Association - Well Monitoring and Sampling - 01/26/2006 Records M
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions, please contact City Clerks Office.
Vendor Name: Vendor Number:
JD Edwards Number
Contract Number: 1"w�(O `0 "t
This is assigned by Deputy City Clerk
Description: � h r�i /ems-
Detail:
Project Name:
Contract Effective Date: Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager.A167 Z*a4 Department: zqos
Abstract:
S Public\RecordsManagement\Forms\ContractCover\ADCL7832 07/02
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KENT
W A S H I N G T O N
PUBLIC WORKS
Larry R Blanchard
Public Works Director
February 1, 2006
PUBLIC WORKS
OPERATIONS
Mailing Address
220 Fourth Ave. S.
Kent,WA 98032-5895 Ms, Kelly Harris
Location Address 26900 262nd Avenue S.E.
5821 South 240th Ravensdale, WA 99051
Kent, Washington
Phone: 253-856-5600 Dear Ms. Harris:
Fax-253-856-6600
Enclosed for your file are signed copies of the following agreements:
1) Agreement Concerning Well Momtonng and
Sampling between the City of Kent and Bridle Trails
South Community Water System Association, and
2) Right of Entry Agreement whereby you, the land
owner, grant the City of Kent the right to enter your
property to carry out well testing as set forth in
agreement 1) above.
If you have any questions regarding these agreements, please contact
me at 253-856-5616. We are looking forward to working with you.
Sincerely,
L
Sean Bauer
Water Quality Field Supervisor
SB:rcb
Enclosures
P PWOpsContractlCoverLetterKellyHamsTwoContractsTransmittal2-06
KENT
AGREEMENT CONCERNING WELL MONITORING AND SAMPLING
(between the City of Kent and Bridle Trails South Community Water System Association)
THIS AGREEMENT CONCERNING WELL MONITORING AND SAMPLING_("Agreement'l is
made between the CITY OF KENT, a Washington municipal corporation ("Kent', and BRIDLE
TRAILS SOUTH COMMUNITY WATER SYSTEM ASSOCIATION, a Washington non-profit corporation
("Bridle Trails'.
I. RECITALS
1.1 Bridle Trails is the purveyor of a domestic water system servicing a small community
of 14 homes near Ravensdale, Washington. This water system is adjacent to the eastern border of
the Clark Springs Watershed owned b Kent and from which Kent obtains a portion of the ci s
Y P �
water supply.
1.2 For approximately 12 years, Kent has been allowed to sample and analyze the water
quality of a Bridle Trails well as part of Kent's ongoing wellhead protection program. Kent has
appreciated this opportunity given the close proximity of the Bridle Trails wells to Kent's Clark
Springs Watershed. Monitoring the water quality of the Bridle Trails well provides Kent an early
warning system for possible contamination of the Clark Springs Watershed and thereby provides
protection to Kent's water supply.
1.3 In an effort to continue to safeguard Kent's water supply and to assist Bridle Trails in
meeting certain regulatory requirements established by federal, state, and local government
agencies, the parties express their mutual intent and desire for Kent to continue monitoring the
Bridle Trails well, to provide compliance sampling required by various government regulations, and
to provide technical assistance as provided in this Agreement.
II. AGREEMENT
NOW THEREFORE, inconsideration of the mutual promises of the parties and other good and
valuable consideration, Kent and Bridle Trails agree as follows:
AGREEMENT CONCERNING WELL MONITORING AND SAMPLING- 1
(between the City of Kent and Bridle Trails South Community Water System Association)
2.1 Certified Operator-Monitoring and Compliance Sampling. Kent shall serve as Bridle
Trails'"certified operator" as that term is defined in Ch. 70.119 RCW and Ch. 246-292 WAC and
Kent shall provide all services described therein unless such services conflict with the terms of this
Agreement. Should the services of a certified operator described within the cited statutory and
regulatory provisions conflict with the terms of this Agreement, the terms of this Agreement shall
control.
2.1.1 As the certified operator, Kent shall collect and submit water quality samples
from Bridle Trails'monitoring wells, on Bridle Trails'behalf and at Bridle Trails'cost, to a laboratory
certified by the Washington State Department of Health in accordance with the requirements of
Bridle Trails'annual Water Quality Monitoring Report("WQMR'% and other applicable federal, state,
and local regulations.
2.1.2 As provided above, Bridle Trails is responsible for the costs associated with
monitoring the quality of its treated and distributed water. Kent, however, shall pay those costs
associated solely with testing raw and source water for Kent's wellhead protection program.
2.1.3 Bridle Trials agrees to obtain the written agreement on the Right of Entry,
attached as Exhibit A and incorporated herein, from all owners whose real property Kent will need to
access in order to carry out Kent's duties under this Agreement. Bridle Trails acknowledges that
without executed Right of Entry agreements, Kent will be unable to fulfill its duties under this
Agreement. Bridle Trails also understands that if the Right of Entry agreements are revoked at any
time, Kent will not be able to fulfill its duties under this Agreement. Bridle Trails agrees that if there
is a change in ownership of any of the real property that Kent must access under this Agreement,
Bridle Trails shall be responsible for having the new owner(s) execute a Right of Entry agreement.
2.1.4 Kent also agrees to provide advice and recommendations to Bridle Trails on
remedial information regarding water quality, treatment, and distribution pertinent to Bride Trails'
system, and to be available 24 hours per day to render emergency technical assistance.
2.2 Consumer Confidence Report. Kent shall compile the information it obtained from
monitoring and sampling Bridle Trails'water system and prepare Bridle Trails'annual water system
Consumer Confidence Report. Bridle Trails, however, shall retain the responsibility to timely
distribute the Consumer Confidence Report to customers of the Bridle Trails'water system.
2.3 Duties and Responsibilities Retained by Bridle Trails. By this Agreement, Kent agrees
to only provide those services to Bridle Trails as specifically described in sections 2.1 and 2.2 above.
Kent sha//notcomplete any other acts on behalf of Bridle Trails, including, but not limited to,those
listed below, which shall continue to remain the sole responsibility of Bridle Trails:
AGREEMENT CONCERNING WELL MONITORING AND SAMPLING -2
(between the City of Kent and Bridle Trails south Community Water System Association)
2.3.1 Financial assistance, debt assumption, or management of Bridle Trails'water
system.
2.3.2 Maintenance of Bridle Trails' water system in accordance with current
federal, state, and local regulations which includes all preventative and
predictive equipment maintenance.
2.3.3 Maintenance or repair of any equipment or infrastructure related to Bridle
Trails' water system including pumps, valves, piping, distribution lines, or
water services.
2.3.4 Collection of all necessary fees and funding from Bridle Trails'water system
customers or enforcement of its internal requirements.
2.3.5 Implementation of system improvements recommended by local, state, and
federal agencies or payment for any costs associated with those
improvements.
2.3.6 Response to Bridle Trails water system issues, problems, or concerns
identified by Kent or other regulatory agencies.
2.3.7 Notification to Bridle Trails'customers of any violations or health risks,which
would include maximum contaminant level ("MCU violations, both acute and
non-acute, as mandated by local, state, and federal regulations.
2.3.8 Engineering, legal, or consulting services.
2.4 Duration and Termination. This Agreement shall remain in full force and effect until
such time as it is mutually terminated by written agreement, unilaterally terminated after sixty(60)
days advance written notice of termination to the other party, or a Right of Entry executed pursuant
to section 2.1.3 is revoked.
2.5 Indemnification. Bridle Trails shall defend, indemnify and hold Kent, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement, except for that portion of the injuries and damages caused by
Kent's sole negligence. The provisions of this section shall survive the expiration or termination of
this Agreement.
AGREEMENT CONCERNING WELL MONITORING AND SAMPLING- 3
(between the City of Kent and Bridle Trails South community Water system Association)
IN WITNESS, the parties have executed this Amendment, which shall become effective on
the last date executed below.
BRIDLE TRAILS SOUTH COMMUNITY CITY OF KENT
WATER SYSTEM ASSOCIATION
By: By: �.
Print Name: ( r(_5 Print Name:v Larry Blanchard
Title: e n �ese , Title: Public Works Director
Date: !-z4-o(v Date: 0l- L 6 a6
APPR9NED /ArS TO FORM:
By U ,
Ci of nt aw Department
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this �JIIA day of 2006, before me a Notary Public in and for the State of
Washington, perso ally appea cl ar i to me known to be the
L,2 I of ridle Trails South Community Water System
Ass—oc—ia�on, a W s ington non-profit corporation, that executed the foregoing instrument, and
acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes
mentioned in this instrument, and on oath stated that he/she was authorized to execute said
instrument.
Notary Seal Must Appear Within This BOX-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written. D
eneZ S le
= NOTARY PUBLIC, in gAd for the State
of Washington, residing at
My appointment expires o DD
aw VW81op �Nln mo51&+tleTais-wam5genwyecivrex
AGREEMENT CONCERNING WELL MONITORING AND SAMPLING -4
(between the Gty of Kent and Bade Trails South Community Water System Association)
KENT
WASHINGTON
RIGHT OF ENTRY AGREEMENT
44a c ri5 (the "Owner), as the owner of real property
located at z ,�o ze,ztle( Ave SF and legally described on the attached Exhibit 1
("Property's, grants the city of Kent ("City"), a revocable right ("Access Right') to enter the
Property between the hours of 7:30 a.m. and 4:00 p.m., in order for the City to carry out its
well testing responsibilities under the Agreement Concerning Well Monitoring And Sampling
("Well Agreement') with Bridle Trails South Community Water System Association ("Bridle
Trails' dated v 24V . 2006.
The Access Right shall be valid as long as the Well Agreement is in effect; provided,
however, the Owner may revoke the Access Right at any time by delivering written notice to
the City and Bridle Trails by certified mail, return receipt requested, at the following addresses:
Attn: '�e //y 5 Attn: Sean Bauer
Bridle Trails South Community Water Field Supervisor
Water System Association City of Kent Public Works Operations
266-jbb- 2&2 ��JVe SE 220 Fourth Avenue South
' gyen5 a(e. Lti 17 0505 Kent, WA 98032
The notice will be effective sixty (60) days after its actual receipt by the City and Bridle Trails.
The City agrees to repair any damage to the Property caused by the City's use of the
Access Right. The City further agrees to indemnify, defend, and hold the Owner harmless from
and against any and all damages, losses, and expenses arising out of or resulting from any
claim, action, or other proceeding that is based upon any negligent act or omission or willful
misconduct of the City or its employees or agents, arising in connection with the Access Right.
OWNER: 2/l y /(2T// larri''S CITY OF KENT n
By: `% 1 . ` o By:
Name: ,-Iz11,/ fit, 4A afri 5 Name: Larry Blanchard
Its: �r +v �u�ne� Its: Public Works Director
Date: Date:
v pN11jIlE5�OpenRb101n xoosl� rauaRlpMErdyGnilteO.w2.raGry eon
RIGHT OF ENTRY AGREEMENT—Page 1 of 2
(Lot B)
EXHIBIT 1
Legal Description
LOT B OF KING COUNTY BOUNDARY LINE ADJUSTMENT NUMBER L93L0131, RECORDED
UNDER RECORDING NUMBER 9402151034, RECORDS OF KING COUNTY, WASHINGTON, AND
BEING A PORTION OF LOT 1, KING COUNTY SHORT PLAT NO. 587024, RECORDED UNDER
RECORDING NO. 8903280858, AND ALL OF LOT 3, KING COUNTY SHORT PLAT NO. 278008,
RECORDED UNDER RECORDING NUMBER 7811130987, ALL LYING WITHIN THE SOUTHWEST
QUARTER OF SECTION 25, TOWNSHIP 22 NORTH, RANGE 6 EAST, W.M.
RIGHT OF ENTRY AGREEMENT—Page 2 of 2
(Lot B)