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HomeMy WebLinkAboutAG 15-156 RETURN TO: f.2I,i7fl/A. EXT: a7D 3 1 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/ J &tin 2. ORIGINATING STAFF PERSON: D4-AI ,1 I4 t - EXT: 27(c6 3. DATE REQ.BY: 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE 0 ESOLUTION ❑ CONTRAC AMENDMENT(AG#): INTERLOCAL OTHER �L • i ` A - 6''. rs-, r o v�c vl r rb .J' . {ro a 5. PROJECT NAME: L G V'f�2 U OWL V vbJect 6. NAME OF CONTRACTOR: N / Co V hikf ADDRESS: 1 TELEPHONE: E-MAIL: FAX: SIGNATURE NAME: TITLE: 7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE# BL,EXP. 12/31/ UBI# ,EXP. / / 8. TERM: COMMENCEMENT DATE: tip bye Co 7 (&Y COMPLETION DATE: Pee.em be., / ZO I 0 9. TOTAL COMPENSATION:$ 53)2-6 . " (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LA$OR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑YES ❑NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY )(PURCHASING: PLEASE CHARGE TO: �V)" �1 1' — 3c, -7 f Z r—it 1 I f 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED e PROJECT MANAGER SO r 2'DIVISION MANAGER �� � /.s -DEPUTY DIRECTOR ce%�/'r�Ak (DIRECTOR i t-!i"7•__ ❑ RISK MANAGEMENT (IF APPLICABLE) �� LAW DEPT %/r i (t S �11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: e7AP II COUNCIL APPROVAL DATE: -?7 i ii s"" 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: -7 DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY,INSURANCE CERTIFICATE,LICENSES,EXHIBITS I Al,L/yDAATEE SIG∎ri.'' (O/aL1 • LAW DEPT ��. r ffffi`_L///,�,�ff� �.t( 'a CHIEF OF STA F AS_►_C��R VII. .i, T , , SIGNATORY 14AYOR)R DIRECTOR) ar. 7)1� .. CITY CLERK q'SSIGNED AG# AG# 1 STGfN^ED COPY RETURNED DATE SENT: O ' tc I➢�SFTURNLANE ORIGINAL COMMENTS: /M EXECUTE ` ORIGINALS ffif M(� .. 1 r r C eI�CFVJ b(c_c4rt&: c-k cict_z . n�&re_ LrnC.4i(e - 4-0 e-i; . D- 1 t" ,_.L__ c ..atelicarn4:5 al e-XCk G - C1t1✓►._ c„,__ GL(f c , 1/15 AGREEMENT BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY FOR SERVICES RELATED TO EFFECTIVENESS MONITORING OF THE SOUTH 356TH STREET RETROFIT AND EXPANSION PROJECT This Agreement is made and entered into by King County,Washington,by and through its Water and Land Resources Division(hereinafter"WLR"),Department of Natural Resources and Parks,and the City of Federal Way,hereinafter referred to as "Federal Way"or"City,"collectively referred to as the "Parties," for Federal Way to provide services to WLR in conducting the Effectiveness Monitoring of the S. 356th Street Retrofit and Expansion Project. I. Purpose This Agreement provides the terms under which the City will provide services to WLR as outlined in Exhibit One,attached to this Agreement and incorporated herein and made a part hereof. II. Administration A. The provision of services under this Agreement will be managed for WLR by Kate Macneale or other representative as designated by WLR,and for the City by Daniel Smith or other representative as designated by the City("Administrators"). B. In the event that a dispute arises under this Agreement, it shall be resolved by the Administrators. If the dispute cannot be resolved by the Administrators,it shall be referred for resolution to the Division Director of WLR and the Federal Way Public Works Director. This 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. III. Responsibilities A. Federal Way will provide services as described in Exhibit One. B. King County shall pay for the services provided as described in Exhibit One and make payments in accordance with the terms of Section IV.below. IV. Billing and Payment A. King County shall pay Federal Way up to$53,263 for actual costs incurred to perform work as described in Exhibit One. 1 B. Expenditures to be reimbursed by King County under this Agreement shall be included on itemized invoices and shall be subject to approval by WLR. Invoices may be submitted no more frequently than quarterly and no less frequently than semi-annually. C. Payment to Federal Way for approved invoices will be made by King County within sixty (60)days of receipt of invoices. D. The Parties represent that funds for service provision under this Agreement have been appropriated and are available for 2015 and 2016. To the extent that service provision under this Agreement requires future appropriations beyond current appropriation authority,each of the Parties' obligations are contingent upon the appropriation of sufficient funds by that Party's legislative authority to complete the activities described herein.If no such appropriation is made for either Party,this Agreement will terminate at the close of the appropriation year for which the last appropriation that funds these activities was made. V. Effectiveness and Duration A. This Agreement is effective upon signature and shall remain in effect until December 30, 2018. B. This Agreement may be amended,altered,clarified,or extended only by the written agreement of the Parties hereto. C. This Agreement is not assignable by either Party,either in whole or in part. D. 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. VI. Indemnification King County shall protect, defend, indemnify,and save harmless the City, its officers, officials,employees, and agents,while acting within the scope of their employment,from any and all costs,claims,judgments,penalties,and/or awards of damages,arising out of or in any way resulting from King County's own negligent acts or omissions in performing obligations pursuant to this Agreement. To the fullest extent permitted by law,the City shall protect, defend, indemnify,and save harmless King County, its officers,officials, employees,and agents,while acting within the scope of their employment,from any and all costs,claims, 2 judgments,penalties,and/or awards of damages,arising out of or in any way resulting from the City's own negligent acts or omissions in performing obligations pursuant to this Agreement. Each Party agrees that its obligations under this subparagraph 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 a Party incurs any judgment,award,and/or cost arising therefrom, including attorneys' 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. This indemnification shall survive the termination of this Agreement. VII. Counterparts This Agreement may be executed in counterparts. IN WITNESS WHEREOF,the Parties hereto have executed this agreement on the 34 day of 6,11/04". ,2015. Approved as to Form King Conn : By: �✓ ../l,% By: r- Title: D.4.1.ty Prosecuting Attorney Title: I partment Director Department of Natural Resources and Parks Approved as to Form City of F •I Way: "if/MP By: .,, / By: nri , f Title: Ass,54o,,11t 4 i#.#4o44 Title: Mayor V 3 Exhibit One STATEMENT OF WORK Effectiveness Monitoring of the S.356th Street Retrofit and Expansion Project,Federal Way,WA. A. Description The Washington Department of Ecology has executed with the King County Water and Land Resources Division(WLR)an agreement to conduct a Regional Stormwater Monitoring Program (RSMP) stormwater effectiveness monitoring project. The project focuses on monitoring a regional detention facility (RDF)that the City of Federal Way retrofitted and expanded from 2012—2014. The Federal Way stormwater retrofit,known as the South 356th Street Project, provides an excellent opportunity to assess the performance of regionally representative stormwater BMPs. The City conducted monitoring prior to and during the retrofit and expansion, including monitoring water temperature and turbidity at several locations within the RDF and sampling macroinvertebrates in the receiving waters. As part of the RSMP project,the City will continue the temperature,turbidity and macroinvertebrate monitoring and WLR will conduct additional monitoring(for other water quality parameters and flow). The City will also provide expertise about the RDF,allow access to the site, share previous and current data,and review data analyses and reports. The scope of work below describes the specific tasks that the City will perform using funds provided to WLR through the Department of Ecology as described above. B. Scope of Work Task 1: Planning and the Development of the Quality Assurance Project Plan (QAPP) ($4,449: April 2015—June 2015) This task will include activities related to the development,revision and submission of the QAPP. WLR will meet with the City to discuss previous data,project design,roles and responsibilities of team members, and logistics for sampling. WLR will prepare the QAPP following Ecology guidelines. The City will provide relevant data that will be included in the QAPP, and the City will review the draft QAPP before it is sent to Ecology for review. Task 1 Deliverables: D1.1. Review of QAPP—Target: end of June 2015 4 Task 2: Field Sampling,Data Collection and Analysis ($30,120; April 2015—December 2017) The City will collect continuous temperature data, continuous turbidity data and macroinvertebrate samples according to the methods and QA\QC specified in its 2012 Quality Assurance Project Plan"Water Quality Monitoring Study South 356th Street Regional Detention Facility Retrofit Project Federal Way, Washington". Federal Way staff will collect continuous turbidity and water temperature data at the same stations surveyed prior to the retrofit. Turbidity will be measured at the inlet of the wet pond complex and the RDF outlet that discharges to the North Fork of West Hylebos Creek. Continuous temperature will be measured at the wet pond complex inlet,the RDF outlet, and in the creek at the monitoring station at S. 359th Street. Data collection will begin in April 2015 and continue through at least June 2017. Federal Way staff will collect aquatic benthic macroinvertebrates in the North Fork of West Hylebos Creek in 2015, 2016 and 2017. Two sites will be sampled, and both are accessed from S. 359th Street(approximately 0.2 miles south of the RDF). At each site and once per summer, three replicate samples will be collected using the methods described in the Federal Way QAPP. Activities and expenses that the City will invoice for include: • staff labor for laboratory and field time for calibrating, deploying and retrieving equipment • equipment costs (e.g., Onset TidbiT temperature loggers, YSI turbidity sensor#6136) • macroinvertebrate sampling and processing costs • miscellaneous equipment and supplies including AA batteries,turbidity standard, DI water, Kimwipes, and paper towels Task 2 Deliverables: D2.1. Annual progress report including data summaries: December 2015 D2.2. Annual progress report including data summaries: December 2016 D2.3. Annual progress report including data summaries: December 2017 5 Task 3: Final Report ($12,955; July 2017—December 2018) This task will include management and analysis of data as needed for the preparation of the final report. The final report will describe the study design,methods and findings of the study. As part of this final report,the City will analyze the continuous temperature data and continuous turbidity data from the stations described in Task 2. The City will also include comparisons of the temperature and turbidity data with data collected previously(2012-2014). WLR and the City will work together to determine which statistical analyses are appropriate. The City will also include macroinvertebrate data generated from samples collected from the North Fork of West Hylebos Creek in the final report. Data will be uploaded to the Puget Sound Stream Benthos Monitoring and Assessment database, and the City will include the BIBI metric scores for each sample in the final report. Material provided by the City to WLR may include raw data, data summary tables, figures displaying data, statistical analyses of data, and written discussion of results. WLR will include the Federal Way results and discussion in the final report, and the City will review drafts of the final report. Task 3 Deliverables: D3.1. Draft Report—Target: September 2018 D3.3. Final Report—Target: December 2018 Task 4: Project Management ($5,739; April 2015—December 2018) Federal Way staff will contribute to the management of the RSMP project by providing site access, reviewing the site history, sharing previous and current data, attending relevant meetings, and consulting with County staff when needed. Federal Way will prepare semi-annual reports that will include a status of data collection and analysis efforts. Task 4 Deliverables: 6 D4.1. Meeting attendance and correspondence regarding project management—Target: completed by December 2018 C. Schedule for tasks and deliverables Schedule for Tasks and Deliverables 2015 2016 2017 2018 shading indicates when sub-tasks will be occuring Q1/Q2 Q3/04 01/02 03/Q4 Q1/02 Q3/Q4 Q1/Q2 Q3/04 Task 1- Planning and QAPP D1.1.Review of QAPP `t:r: Chic t.i tin• :. DFiti .•�h�•�i�•n�i��rr=��r.>t� D2.1.Progress report D2.2.Progress Report D2.3.Progress Report Task 3- Final Re•ort D3.2.Draft report D3.3.Final Report Task 4- Pro'ect Mana:ement D4.1.Semi-annual Project Report D. Federal Way Budget by Task Cost Task. - estimate Task 1:Planning and QAPP $4,449 Task 2:Field sampling, data collection and analysis $30,120 Task 3:Final report $12,955 Task 4:Project management $5,739 Total $53,263 7