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AG 09-177 RETURN TO: PW ADMIN EXT: 2700 ID#: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORINT 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/ VN 2. ORIGINATING g _ ExT: 1-9""5 - 3. DATE REQ.BY. ..w 9�.._.. 3. TYPE OF DOCUMENT PERSON (CHECK NK: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 ❑ RESOLUTION ekC' IENI) lr,N-I'(AG#): ,7 1N �.t LOCAI OTHER _V �� �Ia ._.: "q "gN.Lt -64-r yl 4. PROJECT NAME 5. NAME OF CONTRACTOR: � � .mm..__ a�....._ ADDRESS: II..LIPI-ONE: E-MAIL" a13 d _. .�._ f7kx, SIGNATURENAME:_. Q� G"ItlI I ...... A1C & 6. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER. REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES RIOR CONTRACT/AMENDMENTS RE �' ' .. QEXP. 7. TERM: OMMENCEMENT DATE: �Mi�-% V COMPLETION DATE: N /e / ozq B L.EXP _ ..... _., 8. TOTAL COMPENSATION:$m (INC... PE .'^ ANY) (INCLUDE EXPENSE� ALES'I'A'k',R'A�� �,.�n....��.�� SAND 5....... (IF CALCULATED ON HO(Tr LABOR 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 RETAINAGE: RETAINAGE AMOUNT: p RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 9. DOCUMENT/CONTRACT REVIEW BN IlM./D;,%'CE RE VIEWED ��.,..__ CNl;,r;b r DME APPRO-VED m ...... .... l 7 DivisION VI DEPUTY DIRECTOR ,X" fir,M' ( PRG.JLI_"C MANAGER �k ll d �1141 DIRECTOR 00 f� (ISK MANAGEMENT (MAPPLICABLE) Wwmm,_ �.... ,,.\ 'DEPT ( IO. COUNCILAPPROVakI,,/I=',A.9I'PLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNAI LIRE ROurlNG DATE REC'Dmm ❑ SENTTO"�I�?>'PV DIJRII".ON"Il�ahCTOR DATE SENT: ��»� � �� mm ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFIQATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT.SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL/DATE SIGNED ❑ FINANCE DEPARTMENT 2,,'LAW DEPT � I Izf SII'aNAI(7M'(MAYOR OR DIRECTOR) y1 W CITY CLER ❑ ASS IGNED AG# AG# ❑ SIGNED COPY RETURNED DATE SENT: ❑RETURN ONE ORIGINAL COMMENTS: . E i-,-,cu.tl...tl a O,RIGIN'ALs -AllJ Q- I uzi,2 e al� e Ii20Is RECEIVED (311"Y ()F WAY' M/1,1111 F'E R & S E W PUBLIC WOF01,,S C) PT 31627 Ist Avenue South @ DI's O.Box 4249 o Federal Way,YVA 98063-4249 253-941-1516 Feder4l Way � 253--927-2922 Taconia o wwwJlakehaven.org January 3, 2020 Leah Myhre City of Federal Way 33325 8 1h Ave S Federal Way,WA 98003-6325 RE: Water Quality Monitoring Station Dear Ms. Myhre: Enclosed is the signed Amendment No. 1 to Indemnification Agreement Water Quality Monitoring Station. Very truly Lisa N.Alexander Legal Assistant/Board Clerk :Ina Enclosure -—-- —------------------------------- ............... ...................................... . . . ....... SII d. 33325 8th Avenue South mFederal Way a edeiW Way.. WA 98003 6325 (253) 835 7000 WWW("Ifyoffederalway con? AMENDMENT NO. 1 TO INDEMNIFICATION AGREEMENT WATER QUALITY MONITORING STATION This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation("City"), and Lakehaven Water and Sewer District(formerly known as Lakehaven Utility District), a Washington special service district ("Lakehaven"). The City and Lakehaven (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Indemnification Agreement for a Water Quality Monitoring Station ("Agreement") on Lakehaven property, dated effective September 29, 2009. 1. AMENDED TERM.The term of the Agreement,as referenced by Section 3 of the Agreement and any prior amendments thereto, shall be amended and shall continue for a period of ten (10) years, effective upon mutual execution ("Amended Term"), and may be extended for additional periods of time upon the mutual written agreement of the City and Lakehaven. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto,not modified by this Amendment, shall remain in full force and effect.Any and all acts done by either Party consistent with the authority of the Agreement,together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement,as modified by any prior amendments,as it existed prior to this Amendment.The provisions of Section 7 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment,which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - Rev. 3/2017 CITY OF' OTY HA� 33325 M Avpnue SOUth Federal Way Federak Way,WA. 98003 6325 (2.3) 835-7000 IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: By: CIA . ........... Jim FerV41 yoSeplianie Courtney, 'M "�Clerk DATE: 'M APPROVED AS TO FORM: ................. A- 0. / J. Ryan Call, City Attorney LAKEHAVEN WATER AND SEWER DISTRICT: By John Bowman, General Manager i DATE: . ......... .... .... .......... STATE OF WASHINGTON ) ss. COUNTY OF ) On this da personally� 1 � pp � � � , to me known to be the ��ll appeared c:ore me �� a. � . , " ���m��w of �. "a�Ve'll (� ��... �� 0- L,,W � � ,�cthat executed the foregoing instrument,and acknow dged 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. da of � GIVEN m hand and official seal this 20 � Y Y � � 1` tary's signature NOTARY g Notary e Expires. a�°yr s M��ntcd ����1�""Nota Public m�nd for th State ...... y Com Jssap Washington. 03 My commission expires ., - - - - . AMENDMENT - 2 - Rev. 3/2017 RETURN TO: U:, l� �.��C�-� X�� CITY OF FEDERAL WAY LAW DEPARTMENT REOUEST FOR CONTRACT PRFaPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING DEPT./DIV: S V�( 2. ORIGINATING STAFF PERSON: W��� ��1 e� EXT: c� 7v v 3. DATE REQ. BY: 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) PUBLIC WORKS CONTRACT SMALL PUBLIC WORKS CONTRACT PROFESSIONAL SERVICE AGREEMENT MAINTENANCE AGREEMENT GOODS AND SERVICE AGREEMENT REAL ESTATE DOCUMENT ORDINANCE CONTR OTF�R 5. PROJECT NAME: HUMAN SERVICES CDBG SECURITY DOCUMENT �E.G. BOND RELATED DOCtJMENTS) RESOLUTION oni�r i 6. NAME OF CONTRACTOR: Q, !a ✓Pf'] r' f r� �G l ADDRESS:3/(o 7- I fT V2 S PQ "EZy� Al I TELEPHONE SIGNATURE NAME: pru�@ 2rr TITLE G�C�nera.Q Manaa G�" /�{ac.�ffl Ct.t�'1t� Tohr� ,3nWmR�. P t. �n�ineGvin� Nla.nao 7. EXHIBITS AND A TACHMENTS: scoPE WORK OR S VICES OMPENSATION INSURA RE UIREMENTS/CERTIFICATE ALL OTHER REFERENCED EXHIBITS PROOF O AUTHORIT TO SIGN REQUIRED LICENSES �PRIOR CONTRACT/ Gxec 'o,� �x�c.� 8. TERM: COMMENCEMENT DATE: �?OO COMPLETION DATE: 1� a0� 9. TOTAL COMPENSATION �,//T (INCLUDE EXPENSES AND SALES TAX, ff ANY) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TTTLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑�s NO ff YES, MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED YES NO IF YES, PAID BY: CONTRACTOR CITY PURCHASING: PLEASE CHARGE TO: 10. CONTRACT REVIEW ITIAL DATE RE IT EWED INITIAL DATE APPROVED C�1'�ROJECT MANAGER 7 l� C�IRECTOR �Q� SIGNATORY (CM, ACM, OR DIRECTOR) RISK MANAGEMENT (tF �PLiCasLE) [�LAw 7�3 �S' 3 O y •-7 ,vots �s r► r A. �urc-. �hc, 11. CONT� CT SIGNATURE ROUTING 3, C c71.�.�.1�., t� N hc.�v C�'SENT TO VENDOR/CONTRACTOR DATE SENT: S"�' U 9 DATE REC'D: ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS �1/d 1 C�LAW DEPARTMENT q jz3 C�IGNATORY clvt �j 9/ �ci�r cLE� I�ASSIGNED AG# �IGNED COPY RETURNED C MMENTS: n qua.q U�-2oC_. n s 4 INITIAL DATE SIGNED ,Z�rp� �12 AG# [��I— f�l"� DATE SENT: f�N� Oc�.iG,lNA1� arcc.�nQ..� i s �om AC-� �'q�C 4/9 INDEMNIFICATION AGREEMENT WATER QUALITY MONITORING STATION This Indemnification Agreement ("Agreement") is dated effective this day of 2009. The parties ("Parties"} to this Agreement are the City of Federal Wa a Washington municipal corporation ("City") and Lakehaven Utility District, a Washington special service district ("Lakehaven"). A. The City wishes to locate a streamflow monitoring and sampling station ("Monitoring Station") on Lakehaven property known as King County Parcel Number 1221039009, located adjacent to State Route 509 (SW Dash Point Road) at milepost 9.93, in Federal Way, Washington ("Property"). B. Lakehaven acknowledges the need for such efforts and supports the City by allowing this Monitoring Station to be installed and maintained on the described Property. C. Upon request, Lakehaven will be provided data collected by the City from the Monitoring Station. NOW, THEREFORE, the Parties agree as follows: 1. License. Lakehaven hereby grants to the City and its agents, designees and/or assigns the non-exclusive license and right, without prior notice to Lakehaven, at such times as deemed necessary by the City, to enter upon the Property to install the Monitoring Station, to collect samples, measure streamflow, inspect, operate, repair, or replace the Monitoring Sta.tion or appurtenances thereto. 2. Access. The City shall have the right of access to the Monitoring Station over and across the Property to enable the City to exercise its rights hereunder. 3. Term. The term of this Agreement shall commence upon the execution of this Agreement by both of the Parties and shall continue for a period of ten (10) years ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and Lakehaven. 4. Termination. Prior to the expiration of the Term, this Agreement may be terminated upon ninety (90) days prior written notice by either party to the other party. 5. Indemnification. In consideration of Lakehaven authorizing its use of the Property for the Monitoring Station, the City agrees to indemnify and hold Lakehaven, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement or the use of the Property relating to the Monitoring Station except to the extent of Lakehaven's negligence. -1- 6. Condition of Properties. The City agrees to return the Property to Lakehaven upon the expiration of the Term in as good a condition as existed prior to the commencement of this Agreement. The City shall be responsible for cleaning up and removing, at its expense, any and all equipment, or other items used in connection with the Monitoring Station. 7. General Provision. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declazed invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of Lakehaven and/or the City to declaze any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, sha11 not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. DATED the day and year set forth above. CITY OF FEDERAL WAY By: S�z'� By: Brian ilson Interi City Manager 33325 8�' Avenue South PO Box 9718 Federal Way, WA 98063-97I8 ATTEST: City Clerk, arol Mc ei ly, C LAKEHAVEN UTILITY DISTRICT Donald T. Perry General Manager 31627 1 St Avenue South PO Box 4249 Federal Way, WA 98063 APPROVED AS TO FORM: Gener Y Counsel APPROVED AS TO FORM: City Attorney, Patricia A. Richardson K:\CONTRAC712009\09-xxx LUD Water Quality MonROring Station.doc -2-