HomeMy WebLinkAboutAG 18-045 - Twin Lakes Golf & Country ClubRETURN TO: PW ADMIN EXT: 2700 ID #:�I. ¢"
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/DIV: PUBLIC WORKS /..fli (fci M1oggerfe?vr
2. ORIGINATING STAFF PERSON: 7;42,124 (,E7TC EXT: 215-7 3. DATE REQ. BY: ////Z/$
3. TYPE OF DOCUMENT (CHECK ON
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
o PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED
❑ PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE
❑ GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES
o REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT
❑ ORDINANCE o RESOLUTION
❑ CONTRACT AMENDMENT (AG#): 0 INTERLOCAL
PUBLIC WORKS CONTRACT
AGREEMENT
/ CDBG
(E.G. BOND RELATED DOCUMENTS)
A OTHER Aot i
4. PROJECT NAME: {I a..,./' .., /, .I. Gu A . �:i !L . i1 /� 'I-AA' a..../h.:
MEMORANDUM OF UNDERSTANDING BETWEEN
TWIN LAKES GOLF & COUNTRY CLUB AND
THE CITY OF FEDERAL WAY
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made this /(j day of
tkA th� 2018 by and between the City of Federal Way ("City"), a Washington municipal
corporation, and Twin Lakes Golf & Country Club ("TLG&CC"), a Washington limited liability
company, collectively referred to as the "Parties."
RECITALS
WHEREAS, the City constructed the Lake Jeane outlet structure and downstream trunk
line improvements in 2008 in order to prevent flooding under future land use conditions, and to
construct an outlet with manual lake level control; and
WHEREAS, the TLG&CC granted the City a permanent easement over the constructed
improvements with standard rights of entry to construct and for any future repair of the outlet
control structure; and
WHEREAS, the City and TLG&CC have been operating under a verbal agreement
where TLG&CC maintenance staff respond for all routine maintenance and inspection
requirements at the Lake Jeane outlet structure; and
WHEREAS, the City and TLG&CC desire to formally document maintenance
responsibilities for the outlet control structure; and
WHEREAS, the City and TLG&CC desire unobstructed function of the outlet control
structure during rainfall events and the associated lake level maintenance; and
WHEREAS, the parties agree that this MOU is mutually beneficial.
NOW, THEREFORE, in consideration of the mutual agreements and covenants
contained herein and for other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, it is mutually agreed and covenanted, by and between the parties
to this Agreement, as follows:
1. Commitment of Twin Lakes Golf & Country Club. TLG&CC agrees to operate the outlet
control structure year round to maintain the water level during the dry season and to prevent
flooding during the rainy season. TLG&CC agrees to perform the maintenance activities
identified in Attachment A and to respond to resident inquiries and action requests related to
function of the outlet structure, potential debris blockages, and associated water level issues.
TLG&CC will provide the City with an emergency contact number and agrees to notify the
City should the number change. TLG&CC agrees to defer all structural and downstream
conveyance deficiencies to the City to maintain, repair, or replace if needed.
2. Commitment of the City. The City agrees to defer year-round operation of the outlet control
structure, weir adjustments and routine maintenance activities identified in Attachment A to
TLG&CC, and to direct resident inquiries and action requests related to the water level and
outlet structure operation to TLG&CC. The City reserves the right to respond to after-hours
emergency conditions in the absence of a response by TLG&CC. The City will provide
TLG&CC with an emergency contact number and agrees to notify TLG&CC should the
number change. The City agrees to maintain the outlet structure as identified in Attachment
A, including repairing or replacing structural deficiencies at the outlet control structure and
outlet pipe as needed when notified of an issue by TLG&CC and/or as determined during
inspection by City staff.
3. Term and Termination. The term of this MOU shall commence on the date written above
and shall continue for a period of ten years. The MOU shall automatically renew for
additional five year periods unless either party provides a notice of termination 30 days prior
to the expiration of the term. Additionally, either party may terminate this agreement with 60
days' written notice to the other party. Modifications to this agreement must be mutually
agreed upon in writing by both parties.
4. Indemnification. TLG&CC shall indemnify and hold harmless the City and its officers,
boards, commissions, employees, agents, attorneys, and contractors from and against any and
all liability, damages, and claims, (including, without limitation, reasonable fees and
expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of
any act or omission of TLG&CC, its employees, agents, or contractors, which may arise out
of this MOU.
The City shall indemnify and hold harmless TLG&CC and its officers, boards, commissions,
employees, agents, attorneys, and contractors from and against any and all liability, damages,
and claims, (including, without limitation, reasonable fees and expenses of attorneys, expert
witnesses and consultants), which may be asserted by reason of any act or omission of the
City, its employees, agents, or contractors, which may arise out of this MOU.
Nothing in this agreement shall be construed to create a cause of action against the
TLG&CC, or to create liability for damage to property caused by the actions of third parties.
5. Governing Law. This MOU shall be governed by and construed in accordance with the laws
of the State of Washington.
6. Severability. If any provision of this MOU is held to be void, invalid, illegal or
unenforceable under any law or regulation, such void, invalid, illegal or unenforceable
provision shall be deemed stricken, and all remaining provisions shall continue to be valid
and binding upon the City and the HOA.
7. Entire Agreement. This MOU represents the entire understanding and agreement between
the Parties. This MOU cannot be amended or modified except by another written document
duly signed and executed by the City and TLG&CC.
2
IN WITNESS WHEREOF, TLG&CC and the City have executed this Memorandum of
Understanding as of the day and year first written above by their duly authorized representatives.
CITY OF FEDERAL WAY
B
Ferrell, Mayor
33325 8th Ave S
Federal Way, WA 98003
TWIN LAKES GOLF & COUNTRY CLUB
By:
STATE OF WASHINGTON )
) ss.
COUNTY OF
Phil Matonti, President
Twin Lakes Golf & Country Club
3583 SW 320th St
Federal Way, WA 98023
On this day personally appeared before me Phil Matonti to me known to be the President of
Twin Lakes Golf & Country Club that executed the foregoing instrument, and acknowledged the
said instrument to be the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that he/she was authorized to execute said
instrument and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this I 5T day of r lei' \ , 20I
(LOCO-
4erc-e s M.T�►1oto
(typed/printed name of notary)
Notary Public in and for thetate of Washington.
My commission expires Q5/0 q iaco.n
S:\Engineering\Maintenance Support\Twin Lakes Outlet MOU\Twin Lakes Maintenance MOU.docx
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(Reference Appendix A, page A-7 of the 2016 King County Stormwater Design Manual Outlet Control Structure/Flow Restrictor Maintenance Categories)
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Results Expected When Maintenance is
Performed
Sump of structure contains no sediment.
Top slab is free of holes and cracks.
Frame is sitting flush on top slab.
Structure is sealed and structurally sound.
No cracks more than 1/4 inch wide at the joint
of inlet/outlet pipe.
Basin replaced or repaired to design standards.
No cracks more than'/ -inch wide at the joint of
inlet/outlet pipes.
Materials removed and disposed of according
to applicable regulations. Source control BMPs
implemented if appropriate. No contaminants
present other than a surface oil film.
Ladder meets design standards and allows
maintenance person safe access.
Condition When Maintenance is Needed
Sediment exceeds 60% of the depth from the bottom of the
structure to the invert of the lowest pipe into or out of the
structure or the bottom of the FROP-T section or is within 6 inches
of the invert of the lowest pipe into or out of the structure or the
bottom of the FROP-T section.
Top slab has holes larger than 2 square inches or cracks wider than
1/4 inch.
Frame not sitting flush on top slab, i.e., separation of more than 3/4
inch of the frame from the top slab.
Cracks wider than 1/2 inch and longer than 3 feet, any evidence of
soil particles entering structure through cracks, or maintenance
person judges that structure is unsound.
Cracks wider than 1/2 inch and longer than 1 foot at the joint of any
inlet/outlet pipe or any evidence of soil particles entering structure
through cracks.
Structure has settled more than 1 inch or has rotated more than 2
cinches out of alignment.
Cracks wider than 1/2 -inch at the joint of the inlet/outlet pipes or
any evidence of soil entering the structure at the joint of the
inlet/outlet pipes.
Any evidence of contaminants or pollution such as oil, gasoline,
concrete slurries or paint.
Ladder is unsafe due to missing rungs, misalignment, rust, cracks,
or sharp edges.
Defect or Problem
Sediment
Damage to frame
and/or top slab
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Damaged pipe
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Contaminants and
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Ladder rungs
missing or unsafe
Maintenance
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Results Expected When Maintenance is
Performed
T section securely attached to wall and outlet
pipe.
Structure in correct position.
Connections to outlet pipe are water tight;
structure repaired or replaced and works as
designed.
Structure has no holes other than designed
holes.
Replace cleanout gate.
Gate is watertight and works as designed.
Gate moves up and down easily and is
watertight.
Chain is in place and works as designed.
Plate is in place and works as designed.
Plate is free of all obstructions and works as
designed.
Pipe is free of all obstructions and works as
designed.
Overflow pipe does not allow overflow at an
elevation lower than design.
Inlet/outlet pipes clear of sediment.
No cracks more than 1/4 -inch wide at the joint of
the inlet/outlet pipe.
Grate opening meets design standards.
Grate is in place and meets design standards.
Condition When Maintenance is Needed
T section is not securely attached to structure wall and outlet pipe
structure should support at least 1,000 lbs of up or down pressure.
Structure is not in upright position (allow up to 10% from plumb).
Connections to outlet pipe are not watertight or show signs of
deteriorated grout.
Any holes—other than designed holes—in the structure.
Cleanout gate is missing.
Cleanout gate is not watertight.
Gate cannot be moved up and down by one maintenance person.
Chain/rod leading to gate is missing or damaged.
Control device is not working properly due to missing, out of place,
or bent orifice plate.
Any trash, debris, sediment, or vegetation blocking the plate.
Any trash or debris blocking (or having the potential of blocking)
the overflow pipe.
Lip of overflow pipe is bent or deformed.
Sediment filling 20% or more of the pipe.
Cracks wider than 1/2 -inch at the joint of the inlet/outlet pipes or
any evidence of soil entering at the joints of the inlet/outlet pipes.
Grate with opening wider than 7/8 inch.
Grate missing or broken member(s) of the grate.
Defect or Problem
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Damaged or
missing
Damaged or
missing
Obstructions
Obstructions
Deformed or
Damaged Lip
Sediment
Accumulation
Damaged
Unsafe grate
opening
Damaged or
missing
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Cleanout Gate
Orifice Plate
Overflow Pipe
Inlet/ Outlet
Pipe
Metal Grates
Results Expected When Maintenance is
Performed
Cover/lid protects opening to structure.
Mechanism opens with proper tools.
Cover/lid can be removed and reinstalled by
one maintenance person.
,Condition When Maintenance is Needed
Cover/lid is missing or only partially in place. Any open structure
requires urgent maintenance.
Mechanism cannot be opened by one maintenance person with
proper tools. Bolts cannot be seated. Self-locking cover/lid does
not work.
One maintenance person cannot remove cover/lid after applying
80 lbs. of lift.
Defect or Problem
Cover/lid not in
place
Locking
mechanism not
working
Cover/lid difficult
to remove
Maintenance
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Results Expected When Maintenance is
Performed
No Trash or debris blocking or potentially
blocking entrance to structure.
No trash or debris in the structure.
No condition present which would attract or
support the breeding of insects or rodents.
No trash or debris in pipes.
Grate free of trash and debris.
Condition When Maintenance is Needed
Trash or debris of more than % cubic foot which is located
immediately in front of the structure opening or is blocking
capacity of the structure by more than 10%.
Trash or debris in the structure that exceeds 1/3 the depth from
the bottom of basin to invert the lowest pipe into or out of the
basin.
Deposits of garbage exceeding 1 cubic foot in volume.
Trash and debris accumulated in inlet/outlet pipes (includes
floatables and non-floatables).
Trash and debris that is blocking more than 20% of grate surface.
Defect or Problem
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Trash and debris
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