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AG 18-045RETURN 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 3 N aJ 113 C 0 cifa. 01 cc a) U C CU C ++ C 2 C 0J E co (Reference Appendix A, page A-7 of the 2016 King County Stormwater Design Manual Outlet Control Structure/Flow Restrictor Maintenance Categories) C CI) C 0 E 0 {J GJ U C fo C CJ +r C .CU E GJ N C co PLA 0 H E U) 0 O. C co a., u GJ GJ 0 dA C 0 0 GJ s L 0 U) .— C 0 0. N U) U, 5 4' u v s 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 0 fo C J - U _-- U E o 4-4 4. 0 _a Settlement/ misalignment Damaged pipe joints Contaminants and pollution Ladder rungs missing or unsafe Maintenance Component v L Z U M L 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 a, OA co E ro0 Damaged or missing Damaged or missing Obstructions Obstructions Deformed or Damaged Lip Sediment Accumulation Damaged Unsafe grate opening Damaged or missing Maintenance Component C 0 u v Lil 17 CL 0 CC LL 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 Component N .3 o L- c a) Rs > U Zil C OJ C 0 a E 0 v U) v C to C OJ C E a OJ N C as bJ) 0 vi E OJ 0 Q. C CD U, v GJ C 3 0 0 a 0 'F U) I1 N C a.0 W OJ .0 v v oiS t7 -J I - 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 VI L di CD R5 HL Trash and debris Trash and debris Maintenance Component U) 0 4J 0 V) Inlet/ Outlet Pi Metal Grates