HomeMy WebLinkAboutCAG2021-186 - Original - KC Water & Land Resources Division - Monitoring Water Quality & Quantity for Lakes Fenwick & Meridian - 04/09/2021ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
Director or Designee Mayor
Date of Council Approval:
Grant? Yes No
Type:Review/Signatures/RoutingDate Received by City Attorney:
Comments:
Date Routed to the Mayor’s Office:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? Yes No*
Business License Verification: Yes In-Process Exempt (KCC 5.01.045)
If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
Yes No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
Budget Account Number:
Budget? Yes No
Dir Asst:
Sup/Mgr:
Dir/Dep:
rev. 200821
FOR CITY OF KENT OFFICIAL USE ONLY
(Optional)
* Memo to Mayor must be attached
Nancy Y. for Meara Heubach Public Works
03/17/2021 03/17/2021
N/A
D20012
4 N/A
King Co Water & Land Resourc Interlocal
Other
Monitoring Lake Water Quality
Lakes Fenwick and Meridian
$ 26,674.00 Other
01/30/2022
4
DocuSign Envelope ID: CC607063-DE56-4043-90A0-2B47F673CA32
3/29/2021
4/9/2021
Revised 7/29/2020 by A. Plischke Retain a copy of the completed Routing Form as a record the document was approved.
WLR ROUTING FORM FOR AGREEMENTS, GRANT APPLICATIONS & OTHER DOCS
Check all for which you are requesting approval:
Grant Alert Grant Agreement Interlocal Agreement
Grant Application Memorandum of Agreement Interagency Agreement
Other ______________________ Memorandum of Understanding Amendment
Section/Program Agency / Title of Document (“Agency” = funding source or entity signing agreement)
If Doc is Grant Alert or Application:
Application Due Date Grant Budget Amount Match Amount & Source
If Doc is Agreement or Amendment:
Document Start Date Document End Date Document Amount Prior Total Amount
Description of Document – If applicable, explain differences in budget or scope between grant application and agreement.
Transmitted routing package includes the following:
NOTE: If getting approval of grant application only (grant alert was previously approved), include copy of grant alert.
Internal Approval N/A Initials / Signature Date
Inter-Governmental
Coordinator
Unit Manager
Budget Reviewer
Division Director
External Approval N/A Initials / Signature Date
Risk Manager
Prosecuting Attorney
Please return EXECUTED package to:
Name Email Phone
(#) Sets of documents for approval Other – Please specify:
Section Manager
Science - Freshwater City of Kent Monitoring of Water Quality and Quantity for Lakes Fenwick and Meridian
n/a
upon signature 1/30/2022 $26,674 n/a
The King County Water and Land Resources Division will provide services through the Lake Stewardship Program (KC-LSP, “The Program”) to
the City of Kent (“City”) for monitoring water quality and volume for Lake Fenwick and Lake Meridian on both an annual and seasonal basis.
Monitoring services include sample pickup and delivery to the King County Environmental Lab for analysis, compilation and quality control of data
collected by volunteers, reporting the data back to the City and volunteers online or by other preferred means, an annual update report and
providing technical assistance to the City and the public
4
Kerry Thrasher kerry.thrasher@kingcounty.gov 206-477-4671
DocuSign Envelope ID: CC607063-DE56-4043-90A0-2B47F673CA32
3/24/2021
3/26/2021
1
Technical Services Agreement
Between King County and the City of Kent
for Services
Related to the Monitoring of Water Quality and Quantity for Lakes Fenwick and Meridian
This Technical Services Agreement (“Agreement”) is made and entered into by King County, as
represented by its Department of Natural Resources and Parks, Water and Land Resources
Division, hereinafter referred to as "County," and the City of Kent, hereinafter referred to as
“City,” collectively referred to as the "Parties," in order for the County to provide services for the
water quality and quantity for lakes Fenwick and Meridian (the “Project”).
The Parties mutually agree as follows:
I.Purpose
The purpose of this Agreement is to provide a mechanism whereby the County will
provide services to the City to support its work on the Project, as described in Exhibit
One, attached to this Agreement and incorporated herein and made a part hereof, and the
City will pay for such services.
II.Management of Technical Services Provision
A.The provision of services under this Agreement will be managed for County by Chris
Knutson or other staff as designated by County, and for the City by Mike Mactutis or
other staff as may be designated by the City (“Project Administrators”).
B.In the event that a dispute arises under this Agreement, it shall be resolved by the
Project Administrators. If the dispute cannot be resolved by the Project
Administrators, it shall be referred for resolution to the Division Director of County’s
Water and Land Resources Division and for the City to Public Works Director Chad
Bieren. This dispute resolution provision shall not be construed as prohibiting either
Party from seeking enforcement of the terms of this Agreement, or relief or remedy
from a breach of the terms of this Agreement, in law or in equity. Venue for dispute
resolution will be King County, Washington.
DocuSign Envelope ID: CC607063-DE56-4043-90A0-2B47F673CA32
2
III.Responsibilities
A.The County will provide services as described in Exhibit One.
B.The City will provide reimbursement to cover the County’s costs to provide
services.
IV.Costs and Billing
A.The City will pay County’s actual costs to provide services. As provided for in
Exhibit One, service costs are estimated at $26,674 and will not exceed this amount
unless agreed to by the Parties pursuant to an amendment to this Agreement.
B.The County will invoice the City for services within 30 days of the completion of
the project but may invoice as frequently as monthly. The invoice shall be
accompanied by a summary of activities conducted under this Agreement and
associated costs.
C.Payment to the County will be made by the City within thirty (30) days of receipt of
invoices.
V.Duration, Termination, and Amendment
A.This Agreement shall be effective upon signature by both Parties and will expire on
January 30, 2022 unless terminated sooner or extended as provided herein.
B.This Agreement may be terminated by either Party upon 30 days written notice. In
the event of termination, the City will make payments for work performed by the
County to the date of termination.
C.This Agreement may be amended only by written agreement of the Parties.
D.This Agreement is not assignable by either Party, either in whole or in part.
E.This Agreement is a complete expression of the intent of the Parties and any oral or
written representations or understandings not incorporated herein are excluded. The
Parties recognize that time is of the essence in the performance of the provisions of
this Agreement. Waiver of any default shall not be deemed to be waiver of any
subsequent default. Waiver of breach of any provision of this Agreement shall not
be deemed to be a waiver of any other or subsequent breach and shall not be
construed to be a modification of the terms of the Agreement unless stated to be
such through written approval by the Parties which shall be attached to the original
Agreement.
DocuSign Envelope ID: CC607063-DE56-4043-90A0-2B47F673CA32
3
VI. Indemnification and Hold Harmless
The County shall protect, defend, indemnify, and save harmless the City, its officers,
officials, and employees, while acting within the scope of their employment, from any
and all costs, claims, judgments, and/or awards of damages, arising out of or in any way
resulting from County's own negligent acts or omissions, or the negligent acts or
omissions of County's officials, officers, or employees arising under the terms of this
Agreement. The City shall protect, defend, indemnify, and save harmless County, its
officers, officials, and employees, while acting within the scope of their employment,
from any and all costs, claims, judgments, and/or awards of damages, arising out of or in
any way resulting from the City's own negligent acts or omissions, or the negligent acts
or omissions of the City's officials, officers or employees arising under the terms of this
Agreement. Each Party agrees that its obligations under this Article VI extend to any
claim, demand, and/or cause of action brought by, or on behalf of, any of its employees
or agents. For this purpose, each Party, by mutual negotiation, hereby waives, with
respect to the other Party only, any immunity that would otherwise be available against
such claims under the Industrial Insurance provisions of Title 51 RCW. In the event that
either Party incurs any judgment, award, and/or cost arising therefrom, including
attorney’s fees, to enforce the provisions of this Article, all such fees, expenses, and costs
shall be recoverable from the responsible Party to the extent of that Party’s culpability.
The indemnification provided for in this Article VI shall survive the termination of this
Agreement.
DocuSign Envelope ID: CC607063-DE56-4043-90A0-2B47F673CA32
4
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the _____
day of ________________________, 2020.
Approved as to Form King County:
By:___________________________ By:________________________________
Title: Deputy Prosecuting Attorney Title: Water and Land Resources Division Director
Approved as to Form City of Kent:
By:____________________________ By:_________________________________
Title: __________________________ Title: __________________________________
DocuSign Envelope ID: CC607063-DE56-4043-90A0-2B47F673CA32
Assistant City Attorney
4/9/2021
Mayor
5
Scope of Work
City of Kent Lake Support Services 2021
The King County Water and Land Resources Division will provide services through the Lake
Stewardship Program (KC-LSP, “The Program”) to the City of Kent (“City”) for monitoring
water quality and volume for Lake Fenwick and Lake Meridian on both an annual and seasonal
basis.
Monitoring services include sample pickup and delivery to the King County Environmental Lab
for analysis, compilation and quality control of data collected by volunteers, reporting the data
back to the City and volunteers online or by other preferred means, an annual update report and
providing technical assistance to the City and the public regarding questions about water quality,
best management practices, and ecosystem function.
Seasonal monitoring program:
Volunteers will collect water samples on a biweekly basis from May through October for a total
of 12 sampling events per season. KC-LSP will train volunteers in the correct sample collection
and storage methods, measurements of lake water temperature and Secchi transparency, and
making observations on particles in the water and gathering information on lake use. The
Program will provide proper sampling equipment and will be responsible for repair or
replacement if necessary. The Program will also provide all sample bottles, properly labeled, and
will pick up filled bottles at a designated site to deliver to the King County Environmental Lab
for analysis.
During ten of the sampling events, water will be collected at one meter beneath the surface. The
other two sampling events will collect depth profiles, during which water is collected from one
meter beneath the surface, as well as near the middle and the bottom of the water column.
Parameters analyzed during all sampling events are total phosphorus, total nitrogen, and
chlorophyll-a. Additional parameters measured during depth profile sampling events are soluble
reactive phosphorus, ammonia, nitrate/nitrite, alkalinity, and UV254 (water color).
Volunteers will be trained to calibrate and use a water quality meter to record dissolved oxygen
and temperature at multiple depths during the sample collection events. The City of Kent will be
billed for dissolved oxygen replacement components and/or any necessary calibration standards.
Hardware replacement and repair will be billed directly to the city by the manufacturer
Volunteers will also search for scum accumulations of cyanobacteria during the routine
monitoring and, if found, will take a sample to be submitted to King County Environmental Labs
for toxin analysis through the Washington State Toxic Algae program, with location identified.
King County will provide technical assistance as needed for this effort.
Vegetation survey at Lake Fenwick
King County will perform an aquatic vegetation survey once during the summer growing season
to determine aquatic species composition and dominance. The survey will be performed from a
boat using visual identification and repeated rake drops to identify aquatic vegetation throughout
EXHIBIT ONE
DocuSign Envelope ID: CC607063-DE56-4043-90A0-2B47F673CA32
6
the littoral zone. Surveyors will wear polarized glasses. Surveyors will also look for shoreline
invasive species to best of ability while performing the survey. The lake will be divided into
shoreline sections/transects based on topography and size. On average each lake section/transect
covers about 300-400 meters of lake shore. Data will be provided in tabular and map form based
on section/transect. Data will include plant common name, plant scientific name, noxious weed
status (if applicable), relative abundance, and any other observations.
Database management, data analysis, quality assurance, and reporting:
The Program will:
enter all data received from monitors and the King County Environmental Lab into a
database available online at the King County Small Lakes Data webpage.
analyze all data for consistency and general water quality conditions.
provide an annual update report with lake data and trend analysis (where applicable)
pursue explanations for anomalies and look for trends or indicators of change in the
parameters over time;
make management suggestions to the City or volunteers based upon the data and findings.
Lake level monitoring and data reporting
King County WLR staff will attempt to find a suitable location to mount an automated lake level
and temperature recording device that will operate year-round. This device will be visited by
county staff, and the data downloaded approximately three times per year. Data will be included
in the annual update as well as on the King County Hydrologic Information Center webpage.
Additional technical assistance:
At the specific request of City staff, the Program can provide the following additional services
outside the scope of seasonal and annual water quality monitoring activities:
technical assistance to City staff on monitoring issues, such as collecting and analyzing
additional samples and preparing technical memos
special educational activities for City staff or residents on the nature and management of
lake ecosystems
Additional outreach or monitoring assistance outside the scope of the Lake Stewardship Program
will be billable by the hour and for materials or equipment required. Prior to providing services,
KC-LSP and the City will agree in writing (can be via email) on a scope of work and cost ceiling
for additional services provided. Billing for any services provided will be included in annual
invoices to the City.
Budget
Budget 2021
Seasonal WQ monitoring (Fenwick) $10,837
Vegetation survey (Fenwick) $1,800
Dissolved oxygen monitoring (Fenwick) $600
Seasonal WQ monitoring (Meridian) $10,837
DocuSign Envelope ID: CC607063-DE56-4043-90A0-2B47F673CA32
7
Dissolved oxygen monitoring (Meridian) $600
Flat Fee subtotal $24,674
Additional technical assistance and equipment repair (request
basis) $2,000
Total $26,674
DocuSign Envelope ID: CC607063-DE56-4043-90A0-2B47F673CA32