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AG 22-044 - SOUND TRANSITRETURN TO: PW ADMIN EXT: 2700 ID #: 4079 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / Sound Transit 2. ORIGINATING STAFF PERSON: Ryan Medlen EXT: 2716 3. DATE REQ. BY: 04/01 /2022 3. TYPE OF DOCUMENT (CHECK ONE): p CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) O PUBLIC WORKS CONTRACT O SMALL OR LIMITED PUBLIC WORKS CONTRACT p PROFESSIONAL SERVICE AGREEMENT O MAINTENANCE AGREEMENT a GOODS AND SERVICE AGREEMENT O HUMAN SERVICES / CDBG ® REAL ESTATE DOCUMENT O SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) O ORDINANCE O RESOLUTION O CONTRACT AMENDMENT (AG#): O INTERLOCAL O OTHER a. PROJECT NAME: Sound Transit - FWLE - Laurelwood Right -of -Entry _ S. NAME OFCONTRACI.OR: Sound Transit (Jennifer Corrigan) ADDRESS: 401 South Jackson Street Seattle, WA 98104 TELEPHONE: 206-954-4548 E-MAIL: c-Jennifer.Corrlgan(a soundtransit.org _ _ FAX: SIGNATURENAME: Mike Bulzomi TITLE: Real Property Manager 6. EXHIBITS AND ATTACHMENTS: m SCOPE, WORK OR SERVICES O COMPENSATION [3 INSURANCE REQUIREMENTS/CERTIFICATE p ALL OTHER REFERENCED EXHIBITS O PROOF OF AUTHORITY TO SIGN O REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ 4 'ZUBI # , EXP. I 7. TERM: COMMENCEMENT DATE:. When signed � Ill 1 � COMPLETION DATE: 12/31 /2022 8. TOTAL COMPENSATION: $ NIA (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: O YES O NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: O YES O NO IF YES, $ PAID BY: O CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: a RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED i ❑ PURCHASING: PLEASE CHARGE TO: 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED d PROJECT MANAGER d DIVISION MANAGER RM, 3121/2022 d DEPUTY DIRECTOR DSW 3123/22 6 DIRECTOR FJW 3/31/2022 ❑ RISK MANAGEMENT (IF APPLICABLE) 6 LAW DEPT KVA 3/30/2022 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC' D: a ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION 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 ,KLAW DEPT K V'4 q U 1.'L _ ►iLSIGNATORY (MAYOR OR DIRECT) `i�I/1S/7�Li i IIZo�- ti' CITY CLERK ASSIGNED AG # A G# — 22- _44 SIGNED COPY RETURNED DATE SENT: 2- CONINII: TS: EXECUTE " 1 " ORIGINALS We Sign lint 1 /2020 R/W No.: FL322.1I I Federal Way Link Extension ENTRY AGREEMENT Form C This Entry Agreement ("Agreement") is between the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY ("Sound Transit"), a regional transit authority of the State of Washington and the ICITY OF FEDERAL WAY, a Washington municipal corporation ("Owner"). This Agreement is effective as of the date Owner signs below (the "Effective Date"). RECITALS Owner owns certain real property ("Property") described below. Sound Transit wishes to gain access to the Property for the purpose(s) described below. Owner is willing to grant Sound Transit access to the Property on the terms and conditions of this Agreement. The Property is described as follows: Parcel Address(es): 23rd Ave. S., south of S. 292nd St., Federal Way WA 98003, Laurelwood Park Parcel Number(s): 4222800370 1. Grant of License. Owner grants to Sound Transit a non-exclusive license of reasonable access to the Property for a period of ten''10 rnonth(s) from the Effective Date, for the purpose of completing some or all of the Construction Activities listed below. • (Invasive species removal to support final design of the environmental restoration work for the Laurelwood Park Mitigation project,, Sound Transit will not permit any other party except Sound Transit's duty authorized representatives, employees, agents and independent contractors (collectively "Representatives") and, in the case of utility locates, third -party utility companies to enter or use the Property. 2. Contacts. In the event Sound Transit and/or its designated Representatives cannot access some or all of the Property, the following representatives of the owner (the "Contact Person(s)") can arrange for access to the Property. Property Access: Name: Jason Gerwen Title: Parks Deputy Directo±{ Telephone 9: 253-835-691� Email: ason.Gcr+� cony Form C Federal Way Link Extension Approved by Civil 8/21 /18 R/W No.: IFL322.11 3. Liability. While on the Property, Sound Transit will comply and will cause all Representatives to comply with all applicable government laws and regulations. Sound Transit and its Representatives will be responsible for any damage done to the Property by Sound Transit or its Representatives and will repair and restore the Property to a condition as good as or better than that which existed before Sound Transit's or its Representatives' entry onto the Property. 4. Indemnity. Sound Transit shall defend, indemnify and hold harmless Owner, its agents, employees and assigns from all costs, claims, loss, damages, penalties, fines, attorney fees and expenses (collectively, "Claims") arising out of, connected with or resulting from this Agreement or Sound Transit's or its Representatives' entry onto and use of the Property in connection with the Construction Activities, except to the extent such Claims are caused by the sole negligence or intentional misconduct of Grantor or its employees, agents, representatives, or invitees. For the sole purpose of enforcing and effectuating this indemnity and not for the benefit of Grantee's employees or any third party, Grantee specifically and expressly waives any immunity that may be granted to it under any workers compensation laws, disability benefit acts or other employee benefit acts (Title 51 RCW or otherwise). 5. Governing Law/Captions. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Washington. 6. No Third Party Rights/Assignment. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies upon any person other than the parties and their respective employees and representatives. 7. License Agreement. This license does not constitute a real property interest and does not confer any rights upon Sound Transit other than the rights expressly granted herein. This license may be revoked by Owner at any time by providing notice to Sound Transit Federal Way Link Extension at 206-398-5300 or by email at fwle@soundtransit.ori Central Puget Sound Regional Transit Authority: City of Federal Way:', T leJT L iL�yer Tyler Geyer Real Property Project Manager Date: Apr 5, 2022 Approved as to Form By: - ; -_- Sound Transit Legal Counsel Form C Federal Way Link Extension EJ Vsh, PE Dir&for of Public Works Date: i 1 Z.o'L'Z Approved as to Form By: J tty of Federal Way Legal . nsel Approved by Civil 8/21/18