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Home My WebLink AboutAG 20-043 - Federal Way School District RETURN TO: PW ADMIN EXT: 2700 ID#: '�n O a ( 3099 ksoaas CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATINGDEPT/DIv: PUBLIC WORKS/ CAPITAL PR03ECTS 2. ORIGINATING STAFF PERSON: CHRISTINE MULLEN EXT: x2723 3. DATE REQ.BY: ASAPIII 3. TYPE OF DOCUMENT(CHECK ONE): Construction starts ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) 09-Mar!! ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG Fq REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL ❑ OTHER 4. PROJECT NAME: S Dash Poln+Road Sidewalk Improuemen+s 5. NAME OF CONTRACTOR: Federal Mi School District No-290 ADDRESS: TELEPHONE: - E-MAIL: Chi�fm wll hand filer document to her project contacts for ;igna+ure FAX: SIGNATURE NAME: TITLE: 6. 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 4 ,EXP.—/—/- 7. TERM: COMMFNCEMENTDATE: Upon EXeCU+10n COMPLETION DATE: A+Coris+ructlon aces +ance (but no later than Dec 31, 2021) 8. TOTAL COMPENSATION:$NIA (INCLUDE EXPENSES AND SALES TA_`C IF ANY) (IF CALCULATED ON HOURLY 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: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: NIA 9. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL !D.qI E A4**ey;m A e.V A TcWED rfn PROJECT MANAGER C YY1 03-Mar-2020 /e-Div is I(.)N - ar- /e-DIVISI(JN MANAOFR DL•PUT%,DIRECTOR til I Dip_r-CTC)TI, �-I`qk4 law ❑ RIsK M,%N.ufEMENT (IFAPPLICABLE) LA�k IJ1 FT- 10. COUNCILAPPI10V4L(li APPLICAI'3LF.) T' SLM'DLS_::LDCOMMITTEEDATE: NIA COMMITTEE APPROVAL DATE: NIA SCHEDULED COUNCIL DATE: NIA COUNCIL APPROVAL DATE: NIA 11. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT:(,,D'i( kr • Z 2-b DATE REC'D:()5 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDERINOTIFICATION 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/ ATE SIGNED ❑ FINANCE DEPARTMENT O LAW DEPT S Ii'\d :I t 1''\ {_)t�tl DIRECTOR I,-L I'LOTO CI-1VGi . n5�,]°-;'FTD AG 4 AG# ❑ SIGNED COPY RETURNED DATE SENT: ❑RETURN ONE ORIGINAL CO1a IU NTS: ExEC LTTE"1 °°ORIGII A 5 Easement(prevwus�approved bg Legal Dept)was sent+o school dis+ric+for+heir sgra+ure Their law4er3 wan+ed additional lap quage added(poncalarl under purpose 4 indemnifica+Ions) Some of+heir lanquare is a little concerrm q(regard not ica+ms+o school or their abditzi to control when work is dare),but aver that construc+ron s+arts nex+week,I+alked nth Sarah Hamel and we think it e bast+o accWf if For this pralect Fee]f=ree+o caY me.at x2723 IF tiau want to dscuss more 1l3flls RETURN TO. PW ADMIN EXT: 2700 ID#: i CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATINGDEPT/DIV: PUBLIC WORKS/ CAPITAL ENGINEERING 2. ORIGINATING STAFF PERSON: CHRISTINE MULLEN EXT: x2?23 3. DATE REQ.BY: 21-3AN-2020 3. 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 6 REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL ❑ OTHER a. PROJECT NAME: S Dash Point Road Sidewalk Im rouements 5. NAME OF CONTRACTOR: Federal Wa School Disfricf No.210 ADDRESS: TELEPHONE: E-MAIL: Chrisfine A email docurrenf fo her prajecf corfacts for wfure _ FAX: SIGNATURE NAME: TITLE: 6. 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._/—/- 7. TERM: COMMENCEMENT DATE: Upon EXecuflon COMPLETION DATE: Af ConStruc+ion acceptance (but no later than Dec 31, 2021) 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: ❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑YES ❑NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: NIA 9. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ,PROJECT MANAGER C m -Jar-2020 CIVISION MANAGER r � I t i EPUTY DIRECTOR r 2c JDIRECTOR l LL ❑ MSK MANAGEMENT (IFAPPLICABLE) /LAW DEPT I ( � 10. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE:_N/A COMMITTEE APPROVAL DATE: N/A SCHEDULED COUNCIL DATE: NIA COUNCIL APPROVAL DATE: N/A 11. CONTRACTNT TO VENDOR ONTRACTOR DATE SENT:ZK;� O� em I'� ❑ DATE REC'D: ❑ 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.) [.Vl-1 AL.1 D.NI IGNED ❑ FINANCE DEPARTMENT ❑ LAW DEPT ❑ SIGNATORY(MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# AG# ❑ SIGNED COPY RETURNED DATE SENT: ❑RETURN ONE ORIGINAL COMMENTS: ENECIITE=u 1 "ORIGINALS 1/2018 RETURN TO: City of Federal Way 33325 8'" rive S Federal Way, WA 98003 Attn: Christine Mullen TEMPORARY CONSTRUCTION EASEMENT Grantor(s): FEDERAL WAY SCHOOL DISTRICT NO. 210, a Washington Municipal Corporation Grantee (s): CITY OF FEDERAL WAY, a Washington Municipal Corporation Assessor's Tax Parcel ID#(s): 052104-9024 Abbreviated Legal Description (full legal is on page 2 of the document): RECITALS A. Grantor owns a parcel of real property fronting South Dash Point Road, also known as Maltby Road (Parcel No. 052104-9024) (the "District Property"). The District Property is more particularly described in Section 1 below. B. In connection with development of real property in the vicinity, Grantee will construct and install road, sidewalk, and utility improvements along South Dash Point Road more particularly described in Section 2 below as the ROW Facilities. C. In connection with the construction and installation of the ROW Facilities, Grantee will need to make temporary and minor encroachments from the South Dash Point Road right-of-way owned by the City of Federal Way onto the District Property in the area more particularly described in Section 1 below as the TCE Area. D. Grantee's proposed temporary and minor use of the District Property is for a lawful purpose, complies with existing local zoning ordinances, and will not interfere with conduct of the district's educational program and related activities. E. Subject to the terms and conditions of this Temporary Construction Easement, Grantor grants permission to Grantee to non-exclusively use and make minor encroachments onto the TCE Area. Temporary Construction Easement Page 1 Parcel No.052104-9024 NOW, THEREFORE, the parties agree as follows: 1. Grant of Use of Portion of the District Property. For and in consideration of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, FEDERAL WAY SCHOOL DISTRICT NO. 210, a Washington Municipal Corporation, ("Grantor") grants to the CITY OF FEDERAL WAY, a Washington municipal corporation, ("Grantee") for the purposes hereinafter set forth a temporary easement ("Temporary Easement") under, across and over certain real property located in Federal Way, Washington, legally described as follows (the "District Property"): PARCEL "A": THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; AND THE EAST 210 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, LYING SOUTH OF COUNTY ROAD KNOWN AS SECONDARY STATE HIGHWAY NO. 1-V OR MALTBY ROAD OR SOUTH DASH POINT ROAD, ALL IN SECTION 5, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. Except as may be otherwise set forth herein, Grantee's rights shall be exercised upon that portion of the District Property (the "TCE Area") legally described as follows: THAT PORTION OF PARCEL "A", LYING NORTHWESTERLY OF A LINE THAT IS 54.00 FEET SOUTHEASTERLY OF AND PARALLEL WITH THE CENTERLINE OF SOUTH DASH POINT ROAD (ALSO KNOWN AS MALTBY ROAD), AS DEPICTED ON EXHIBIT A AND INCORPORATED HEREIN BY THIS REFERENCE. Temporary Construction Easement Page 2 Parcel No.052104-9024 2. Purpose and Limitations on Use. Grantee and its agents, designees and/or assigns shall have the right, upon prior written notice to Grantor, and at such times and in such a manner as Grantor may direct, to enter upon the TCE Area to inspect, design, construct, reconstruct, operate, maintain, repair, replace, remove, grade, excavate, and enlarge all sidewalk, retaining wall, storm drainage, illumination, and other improvements and all appurtenances thereto (the "ROW Facilities"). The purpose of the temporary construction easement is to provide a work area for adjacent street construction-related activities, including but not limited to: construction of a new sidewalk with ADA ramps; relocation of electrical wiring for a private luminaire out of public right-of-way and onto the District Property; and grading behind new retaining wall to accommodate construction as well as the installation of wall drainage system. Grantee (including its directors, officers, employees, agents, contractors, and representatives) shall perform all activities related to the ROW Facilities upon the District Property in a manner so as to prevent injury or death to all persons and damage or destruction to any property, and in a manner that is in compliance with any and all applicable federal, state and local laws. 3. Access. Grantee shall have the right of access to the TCE Area over and across the District Property to enable Grantee to exercise its rights hereunder. 4. Obstructions; Landscaping. Upon prior written notice to Grantor, and subject to Grantor's approval, which shall not be unreasonably withheld, Grantee may from time to time remove vegetation, trees, or other obstructions within the TCE Area, and may level and grade the TCE Area to the extent reasonably necessary to carry out the purposes set forth in paragraph 1 hereof, provided, that following any such work, Grantee shall, to the extent reasonably practicable, restore the TCE Area to a condition similar to its condition prior to such work. 5. Grantor's Use of Easement. This Temporary Easement shall be exclusive to Grantee; provided, however, Grantor reserves the right to use the Temporary Easement for any purpose not inconsistent with Grantee's rights. 6. Term. The Temporary Easement shall remain in force during construction and until such time the ROW Facilities have been substantially completed, but in no event later than December 31,2021. 7. Assignment; Termination. 7.1 This Easement is not assignable. 7.2 In the event Grantee breaches any of the terms or conditions of this Temporary Easement, and the same is not corrected within fourteen (14) days after notice from Grantor, this Temporary Easement may be terminated by Grantor upon fourteen (14) days' written notice given to Grantee in accordance with Paragraph 11 of this Temporary Easement. Temporary Construction Easement Page 3 Parcel No.052104-9024 7.3 Grantee may cause, sanction or otherwise permit its contractors (and such contractors' subcontractors, of any tier) to exercise the rights herein granted to Grantee; provided, however, Grantee shall be fully responsible to Grantor for the acts and omissions of such contractors and subcontractors as fully and to the same extent as if such acts and omissions were the acts and omissions of Grantee. This right of Grantee to cause, sanction, or otherwise permit such contractors and subcontractors to act on Grantee's behalf shall be subject to Grantor's approval, which shall not be unreasonably withheld, and which approval may be withdrawn by Grantor for any reasonable cause. 8. Release and Indemnity. 8.1 By Grantee Grantee does hereby release, indemnify and promise to defend and save harmless Grantor from and against any and all liability, loss, damage, expense, actions and claims to the extent asserted or arising directly or indirectly on account of or out of acts or omissions of Grantee and Grantee's officials, officers, employees, agents, contractors and volunteers in the exercise of the rights granted herein; PROVIDED, HOWEVER, this paragraph does not purport to indemnify Grantor against liability for damages arising out of bodily injury to persons or damage to property to the extent caused by or resulting from the acts, omissions, negligence or other fault of Grantor or Grantor's officials, officers, employees, agents, contractors and volunteers. 8.2 By Grantor Grantor does hereby release, indemnify and promise to defend and save harmless Grantee from and against any and all liability, loss, damage, expense, actions and claims to the extent asserted or arising directly or indirectly on account of or out of acts or omissions of Grantor and Grantor's officials, officers, employees, agents, contractors and volunteers in the exercise of the rights granted herein; PROVIDED, HOWEVER, this paragraph does not purport to indemnify Grantee against liability for damages arising out of bodily injury to persons or damage to property to the extent caused by or resulting from the acts, omissions, negligence or other fault of Grantee or Grantee's officials, officers, employees, agents, contractors and volunteers. 9. Risk Assumption. Grantee acknowledges that Grantor makes or gives no warranties or representations with respect to the District Property or the TCE Area (including, but not limited to, the condition of or conditions upon the District Property or the TCE Area) and, in all respects, Grantee acknowledges that any and all actions it takes in furtherance of the rights, benefits, and privileges granted to Grantee by this Temporary Easement are taken at Grantee's sole risk and expense. 10. Successors and Assigns. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. Temporary Construction Easement Page 4 Parcel No.052104-9024 11. Notices. Notices required to be in writing under this Agreement shall be given as follows: If to Grantor: Federal Way School District No.210 Attn: Executive Director of Maintenance and Operations Educational Service Center(ESC) 33330 8th Avenue South Federal Way,WA 98003 If to Grantee: City of Federal Way Attn: E.J. Walsh,Public Works Director 33325 8th Avenue South Federal Way,WA 98003 Notices shall be deemed effective, if mailed, upon the second day following deposit thereof in the United States mails, postage prepaid, certified or registered mail, return receipt requested, or upon delivery thereof if otherwise given. Either party may change the address to which notices may be given by giving notice as above provided. [SIGNATURES ON FOLLOWING PAGE] Temporary Construction Easement Page 5 Parcel No.052104-9024 IN WITNESS WHEREOF, the Parties have executed this Temporary Easement on the date written below. DATED THIS12— day of2020. GRANTOR: 41MMIJ410j) FEDERAL Y SCHOOS"I' I N . 210 L D By: Dr. Campbell (Printed Name) Its: Superintendent (Printed Title) GRANTEE: CITY OF D . - AY By: w'- kSh (Printed Name) (Printed Title) Temporary Construction Easement Page 6 Parcel No.052104-9024 STATE OF WASHINGTON) >/ ) ss. COUNTY OF !'�1!2 ) / i 7 � 9 �l On this day personally appeared before me to me known to be the - /A71t1e,'ZWe Z of the F that executed the foregoing instrument, and acknowledged t e 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 9;day of 2020. Signature of Yry Mary Lucille Hen)b%; Notarys A„ - � State of Washington /�/ �' M);Appanrnent Expires o3Nw7 i Printed Na of Notary Notary Public in and for the State of Washington. My commission expires AWV-17 /4 , ZZZ) STATE OF WASHINGTON) ) ss. COUNTY OF Vow ] On this day personally appearedbefore me 1::c,U0.rA T kkla.N� to me known t be the �w pi�t� of the b� that executed the foregoing instrument, and acknowledged the said in'strilmlint 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 12 day of T**A?C2C)A ___, 2020. TDMA PROCTOR ignatu of Notary NOTARY PUBLIC —'+ � STATE OF WASHINGTON (' ISSIONEXPIRES Tinted �aiii of Notary OCTOBER`11, 2021 otary Public in and for the State of Washington. My commission expires 10-11-RO a-1 Temporary Construction Easement Page 7 Parcel No.052104-9024 E— _. W LLI N W S 7d Hl�� o w 1 o p 1 O T �� 1 , QNU O � X Z Z La p 1 d � I Z W U �- o U z �'Q/ (-) W �Q J p I O �+- � L.L U91 � O a --w- -a— CL F-. W Q kc) 1 = I I wZW cn I �' O " _ Q I I U H 1 w 9 0 I U) IL I Ui o I 4 1 UI I U6 ¢�� 1 I 4� a � a� LU CO i rte. O 1 �a � I I d L c o U o II Q ` U44 uLLU d S Id H16 a 410 F— T Temporary Construction Easement Page 8 Parcel No.052104-9024