HomeMy WebLinkAboutPW08-334 - Original - Delores Turner - Ravensdale Mobile Home Well Monitoring and Sampling - 07/11/2008 Records M geme-mb
KENO W A.S H I NOTON Document
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: ln � �� Vendor Number:
Q\/� JD Edwards Number
Contract Number: l v v 0� 33
This is assigned by Deputy City Clerk
Description: 1 t *-inA- I "-PIIL�'
Detail:
Project Name:
Contract Effective Date: �l�ll� Termination Date: IRtit
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: 2�'v ?3GU'l,P- Department:
Abstract:
S Publlc\RecordsManagement\Forms\ContractCover\ADCL7832 07/02
•
KENT
W A 9 H I N O T O N
AGREEMENT CONCERNING WELL MONITORING AND SAMPLING
(between the City of Kent and Dolores Turner)
THIS AGREEMENT CONCERNING WELL MONITORING AND SAMPLING
("Agreement") is made between the CITY OF KENT, a Washington municipal corporation
("Kent"), and DOLORES TURNER ("Ms. Turner").
I. RECITALS
_ 1.1 Ms. Turner is the sole owner of real property located near Ravensdale,
-aas�iiKgton at 27244 SE Kent-Kangley Road (the"Property"). Ms. Turner operates the
Ravensdale Mobile Home Park on the Property and is the purveyor of a domestic water
system located on the Property which serves the mobile home park and its tenants.
Ms. Turner's water system is located within Kent's aquifer protection area for Clark
Springs.
1.2 Kent would like to assume monitoring of the water quality of the
Ravensdale Mobile Home Park well as such monitoring will protect Kent's water supply
by serving as an early warning system of possible contaminants in the aquifer. In an
effort to safeguard Kent's water supply and to assist Ms. Turner in meeting certain
regulatory requirements established by federal, state, and local government agencies,
the parties express their mutual intent and desire for Kent to monitor the Ravensdale
Mobile Home Park well, to provide compliance sampling required by various government
regulations, and to provide technical assistance as provided in this Agreement.
II. AGREEMENT
NOW THEREFORE, in consideration of the mutual promises of the parties and
other good and valuable consideration, Kent and Ms. Turner agree as follows:
2.1 Certified Operator - Monitoring and Compliance Sampling. Kent shall
serve as the"certified operator"for the Ravensdale Mobile Home Park well, as the term
"certified operator" 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 the Ravensdale Mobile Home Park monitoring well, on Ms. Turner's
behalf, to a laboratory certified by the Washington State Department of Health in
AGREEMENT CONCERNING WELL MONITORING AND SAMPLING - 1
(between the City of Kent and Dolores Turner)
accordance with the requirements of Ms. Turner's annual Water Quality Monitoring
Report ("WQMR"), and other applicable federal, state, and local regulations.
2.1.2 Ms. Turner shall pay those costs incurred in testing finished water
distribution samples that have no bearing on Kent's source water. These include, but
are not limited to, the cost of testing for lead, copper, and bacteriological samples.
Kent, however, shall pay those costs associated solely with testing raw and source
water samples for Kent's wellhead/aquifer protection program.
2.1.3 Ms. Turner agrees to execute the Right of Entry, attached as Exhibit
A and incorporated herein, as owner of the Property. Ms. Turner acknowledges that
without an executed Right of Entry agreement, Kent will be unable to fulfill its duties
under this Agreement. Ms. Turner also understands that if the Right of Entry
agreement Is revoked at any time, Kent will not be able to fulfill its duties under this
Agreement. Ms. Turner agrees that if there is a change in ownership of the Property
that Kent must access under this Agreement, Ms. Turner 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 Ms.
Turner on remedial information regarding water quality, treatment, and distribution
pertinent to her 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 the Ravensdale Mobile Home Park well and
prepare Ms. Turner's annual water system Consumer Confidence Report. Ms. Turner,
however, shall retain the responsibility to timely distribute the Consumer Confidence
Report to customers of the Ravensdale Mobile Home Park water system.
2.3 Duties and Responsibilities Retained by Ms. Turner. By this Agreement,
Kent agrees to only provide those services to Ms. Turner as specifically described in
sections 2.1 and 2.2 above. Kent shall not complete any other acts on behalf of Ms.
Turner, including, but not limited to, those listed below, which shall continue to remain
the sole responsibility of Ms. Turner:
2.3.1 Financial assistance, debt assumption, or management of Ms.
Turner's water system.
2.3.2 Maintenance of Ms. Turner's 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
Ms. Turner's water system including pumps, valves, piping,
distribution lines, or water services.
AGREEMENT CONCERNING WELL MONITORING AND SAMPLING - 2
(between the City of Kent and Dolores Turner)
2.3.4 Collection of all necessary fees and funding from customers of Ms.
Turner's water system, or enforcement of her 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 water system issues, problems, or concerns identified
by Kent or other regulatory agencies.
2.3.7 Notification to the Ravensdale Mobile Home Park well customers of
any violations or health risks, which would include maximum
contaminant level ("MCL") 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 one of the following occurs:
2.4.1 Mutually terminated by written agreement of the parties,
2.4.2 Unilaterally terminated after sixty (60) days advance written notice
of termination to the other party,
2.4.3 Immediately terminated upon revocation of the Right of Entry
executed pursuant to section 2.1.3, or
2.4.4 Unilaterally terminated by the City upon five (5) days advance
written notice to Ms.,Turner in the event that the City or any
federal or state agency determines that the Ravensdale Mobile
Home Park well is deficient or poses a threat to the public health,
safety, and welfare, and the City determines in its sole judgment
that Ms. Turner has failed to take prompt action to correct such
deficiencies or threats. In the event of such deficiencies or threats,
rather than termination of the agreement, the City also has the
option, but not the duty, to correct or mitigate the deficiency or
threat at Ms. Turner's expense.
The parties acknowledge that If this Agreement is terminated without Ms. Turner
having obtained a replacement certified operator, the Ravensdale Mobile Home Park
well will be out of compliance with regulatory requirements.
2.5 Indemnification. Ms. Turner 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
AGREEMENT CONCERNING WELL MONITORING AND SAMPLING - 3
(between the City of Kent and Dolores Turner)
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.
IN WITNESS, the parties have executed this Amendment, which shall become
effective on the last date executed below.
DOLORES TURNER CITY OF KENT
Owner of the Ravensdale Mobile
Home Park Water System
By: 3 By:
Print Name: Dolor Turner Print Name. Larry Blanchard
Date: Title: Public Works Director
Date:
APPROVED AS TO FORM:
By:
City of Kent Law Department
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this 1 1-�2 Jul
day of , 2008, before me a Notary Public in and
for the State of Washington, personafly appeared Dolores A.Turner, personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person who
executed this instrument and acknowledged it to be her free and voluntary act and deed
for the uses and purposes mentioned in this instrument.
Notary Saal M&Appear W/Mln M/s Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above w itt
Nokny wbllc
skft of WarfNnpton
N MN M TNOMAS
M AppolntmonffbWtaApt18.Z014 NOTARY PUBLIC, in and for th St to
of Washington, residing atOVAL
My appointment expires
P:\aviWies\DpenFilw\1254\WaterSystemAgrmment.doc
AGREEMENT CONCERNING WELL MONITORING AND SAMPLING - 4
(between the City of Kent and Dolores Turner)
•
KENT
WASHINGTON RIGHT OF ENTRY AGREEMENT
Dolores Turner (the "Owner"), as the owner of real property located at
27244 SE Kent-Kangley Road located near Ravensdale, Washington, and legally
described on the attached Exhibit 1 ("Property"), 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 Monit ri g And Sam ng ("Well Agreement")
with Dolores Turner ("Ms. Turner") dated , 2008.
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 Ms. Turner by certified mail, return receipt
requested, at the following addresses:
Attn: Dolores Turner Attn: Sean Bauer
Ravensdale Mobile Home Park Water Field Supervisor
27244 SE Kent-Kangley Road City of Kent Public Works
Ravensdale, WA 98032 220 Fourth Avenue South
Kent, WA 98032
The notice will be effective sixty (60) days after its actual receipt by the City and
Ms. Turner,
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: DOLORES TURNER CITY OF KENT
By: All By:
Name: Name: Larry Blanchard
Its: Its: Public Works Director
Date: Date:
p\Ovll\Fles\OpeMles\12S4\NIBhtEntry Doc
RIGHT OF ENTRY AGREEMENT - Page 1 of 2
J
Y
EXHIBIT 1
Legal Description
E 273.61 FT. OF W 605.61 FT OF S 290 FT. OF SE '/a OF SE 1/4 LESS CO RD LESS
C/M RGTS.
KING COUNTY TAX PARCEL NO. 252206-9063
RIGHT OF ENTRY AGREEMENT — Page 2 of 2