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AG 22-132 - ELIZABETH KELLERMANRETURN TO: PW ADMIN EXT: 2700 ID #: 4164 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / 2. ORIGINATING STAFF PERSON: Desiree Winkler EXT: 2711 3. DATE REQ. BY: 11 /4/22 3. TYPE OF DOCUMENT (CHECK ONE): p 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 ❑ CONTRACT AMENDMENT (AG##): ❑ INTERLOCAL m OTHER Major Sidewalk Repair Aareementa 4. PROJECT NAME: Major Sidewalk Repair Agreement - 4720 SW 315th PI 5. NAMEOFCONTRACI'OR: Elizabeth Kellerman ADDRESS: 4720 SW 315th Place Federal Way,VII E-MAIL: tali ref rtyahoomm SIGNATURE NAME: Elizabeth Kellerman 6. EXHIBITS AND ATTACHMENTS: m SCOPE, WORK OR SERVICES REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN CFW LICENSE # n/a BL, EXP. 12/31/ TELEPHONE: FAX: TITLE: Property Owner m COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS UBI # n/a , EXP. 7. TERM: COMMENCEMENT DATE: COMPLETION DATE: 1c�� 8. TOTAL COMPENSATION: $ she pays City l q..W. 12S (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 O PURCHASING: PLEASE CHARGE TO: 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED ❑ PROJECT MANAGER ❑ DIVISION MANAGER 8 DEPUTY DIRECTOR DSW 10/24/22 6 DIRECTOR N- -� ❑ RISK MANAGEMENT (IF APPLICABLE) 6 LAW DEPT KVA 10/27/2022 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: "a SCHEDULED COUNCIL DATE: n/a INITIAL / DATE APPROVED COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATI DATE REC' D: (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 ❑ LAW DEPT p(SIGNATORY (MAYOR OR IE EM' R CITY CLERK ❑ ASSIGNED AG # ❑ SIGNED COPY RETURNED COMMENTS: EXECUTE " " ORIGINALS Confirmed property owner via King County Assessor ti � I z�zZ AG DATE SENT: I/2020 CITY OF CITY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalway com REIMBURSEMENT AGREEMENT FOR SIDEWALK REPAIRS This Reimbursement Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and the individual or entity identified below ("Responsible Person") (collectively "Parties"), and shall be effective on the date of mutual execution below. RECITALS A. Federal Way Revised Code ("FWRC") 4.40.020 places responsibility for sidewalk maintenance, repair, reconstruction, and/or construction upon the abutting property owner or occupant when damage to the sidewalk is caused by the abutting property owner's act, error, or omission. B. Under FWRC 4.40.025, when repair, reconstruction and/or construction of a sidewalk is necessary in the City's determination, and where such work is the responsibility of the abutting property owner or occupant, the responsible person must either perform the necessary repair, reconstruction and/or construction at their own expense, or request that the City undertake the necessary work at the expense of the responsible person. C. The City has determined that the Responsible Person is responsible for repair, reconstruction and/or construction of sidewalk, and the Responsible Person has requested the City undertake the necessary work at the expense of the Responsible Person. D. The City has determined that it shall undertake the required work under FWRC 4.40.025, and has prepared this Agreement to govern reimbursement of the costs associated with the required sidewalk repair, reconstruction and/or construction by the Responsible Person. Now, therefore, the Parties agree as follows: AGREEMENT 1. SCOPE OF PROJECT; WORK TO BE PERFORMED. The location and scope of the sidewalk repair, reconstruction and/or construction is specifically described in Exhibit A ("Sidewalk Work"), attached hereto and incorporated by this reference. The City shall perform the Sidewalk Work with the City's own employees, or with a contractor(s) of the City's choosing. The City is authorized to engage contractors at its sole discretion. 2. TIMING. City shall perform the Sidewalk Work within a reasonable time, as resources permit. Any project schedule identified in Exhibit A or elsewhere in this agreement is an estimate only and subject to change with respect to both commencement and completion. 3. ENGINEERING AND CONSTRUCTION COSTS_. The Responsible Person shall be responsible for the cost of the Sidewalk Work in its entirety ("Engineering and Construction Costs"), and shall reimburse the City for the Engineering and Construction Costs as provided in Section 4 below. The estimated Engineering and Construction Costs are Nine Thousand Six Hundred Forty -Four and 18/100 dollars ($9,644.18) as listed in Exhibit B. The estimated Engineering and Construction Costs identified in this section are an estimate only, and subject to change. The Responsible Person shall be responsible for the full Engineering and Construction Costs even if all estimates are exceeded. The City waives and shall not collect any applicable Street Use Permit fees. 4. REIMBURSEMENT. 4.1 Payment. Following completion of the Sidewalk Work, the City shall submit an invoice to the Responsible Person containing an itemized list of Engineering and Construction Costs for the Sidewalk Work. The Responsible Person shall tender payment for the full amount of the invoice to the City within thirty (30) days after receipt of the invoice, unless SIDEWALK REIMBURSEMENT AGREEMENT - 1 - Rev. 9/2022 CITY of CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 www atyof ederalway com the Responsible Person elects to pay in monthly installments as provided in Section 4.2. 4.2 Installments. Payment may be made in monthly installments of not less than Three Hundred and no/100 dollars ($300.00) per month until paid in full. A service charge of ten and 00/00 dollars $10.00 per month shall be added to the total invoiced amount if the Responsible Person chooses to make installment payments. 4.3 Failure to Pax, Collection Procedures. Should the Responsible Person fail to timely pay the invoice, or fail to timely pay an installment payment, the City may utilize any collection method to recover the full Engineering and Construction Costs. 5. NOTICES. The Parties are located and/or do business at the below addresses, which shall be valid for any notice required under this Agreement: RESPONSIBLE PERSON: Elizabeth Kellerman 4720 SW 315" Place Federal Way, WA 98023 818-468-2402 (telephone) call ref(a)yahoo.com 6. GENERAL PROVISIONS. CITY OF FEDERAL WAY: Desire6 S. Winkler, P.E. 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835.2711 (telephone) desiree.winkler@cityoffederalway.com 6.1 Indemnification. The Responsible Person agrees to release, indemnify, defend and hold the City, its officers, directors, shareholders, partners, employees, agents, representatives, contractors and sub -contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses 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 to the extent solely caused by the negligent acts, errors, or omissions of the City. 6.2. Execution. Each individual executing this Agreement on behalf of the City and Owner represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof, it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] SIDEWALK REIMBURSEMENT AGREEMENT - 2 - Rev. 9/2022 CITY 4F Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoifederalway, com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: E.J. 6alsh, Public Works Director DATE: X\ \ \b`?p22 Elizabeth Kellerman: By: Printed Name:!c I l ec►MG^ Title: 0(,, „n e C DATE: rI I I Z / 2-0'2-Z STATE OF WASHINGTON ) ss. COUNTY OF On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of Notary's signature Notary's printed name See Attached Certificate 20_ Notary Public in and for the State of Washington. My commission expires SIDEWALK REIMBURSEMENT AGREEMENT - 3 - Rev. 9/2022 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of San Francisco J} On 12, 2021 before me. f%N'L l_llli A- ��u� iw IVai-Av l �—Li3Lit: Date Here Insert Name and Title of the Officer personally appeared r LI 2 ��� LLi}[ L a Z Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing PAULWlLLIAMYOUNAOIM MntarpPuhlie- iallturnta paragraph is true and correct. San Fran[is[n ccun;y — C9mmfsson p 22G9085 WITNESS my hand and official seal. :tiy {^ nfi. E%p3rEi tiBC 1. 20 2i' Signature- Place Notary Seal and/or Stamp Above Signature of Notarypdb is Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Docu Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: �)2019 National Notary Association Number of Pages: Signer's NarneF.- _ ❑ Corporate Officer ❑ Partner — ❑ Limited ❑ G-arleral ❑ Individual ❑ Attorney -in- Fact ElTrustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: CITY OF CITY HALL 33325 8th Avenue South Federal ay Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com EXHIBIT A SIDEWALK WORK 1. Location of Sidewalk Work: 4720 SW 315th Place, Federal Way, WA 98003 2. Scope of Sidewalk Work: ■ Concrete Panel Replacement (35 feet): Concrete sidewalk panel removal and disposal, tree and tree root removal, crushed rock base installation and compaction, concrete panel placement, landscape restoration, clean-up, and traffic control. Schedule of Sidewalk Work: Work will be completed as part of the city's 2023 Asphalt Overlay Project. Estimated schedule for this sidewalk work is between April 2023 and July 2023. SIDEWALK REIMBURSEMENT AGREEMENT - 4 - Rev. 9/2022 N N O N r-I r-I O c-1 O O O O N M lzj- O 69 69 6R b9 6R N 64 64 O � U oc O O O �n O In Aa"o t` O -- M 00 �O 64 cos 6R N N 64 h bR b9 Ea9 W 6R sue'. v a CA 1:4 Q cc a x 'b in. W ° U ai rn W ,o U C11 mU k o N " 3 as b a C o 0 0 0 0 M N� tn 1=� ro V] M 3 0 N � 00 r-i 14 O� 69 II O