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AG 10-138�TUxlv To: � Y'men � e� `I ExT: a`7lJ a--J CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / V YV M 2. ORIGINATING STAFF PERSON: �P_�. �QI�OI EXT: ��� � 3. DATE REQ. BY: TYPE OF DOCUMENT (CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT (E.G, RFB, RFP, RFQ� ❑ PUBLIC WORKS CONTRACT � ❑ PROFESSIONAL SERVICE AGREEMENT ❑ ❑ GOODS AND SERVICE AGREEMENT ❑ ❑ REAL ESTATE DOCUMENT ❑ ❑ ORDINANCE ❑ AMENDMENT �AG#): 5. PROJECT SMALL OR LIMITED PUBLIC WORKS CONTRACT MAINTENANCE AGREEMENT HUMAN SERVICES / CDBG SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS� RESOLUTION INTERLOCAL 11 � . � G NAME OF CONTRACTOR: t. C. .E,�"'a..l. ' ADDRESS: O S C'1 �, � I Q, P' I� TELEPHONE: E-Mnlr.: FAx: SIGNATURE NAME: TO () Q St70 CtY TITLE: �✓e � IL� EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMP NSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE � ALL OTHER REFERENCED EXHIBITS �PROOF OF AUTHORITY TO SIGN�o REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. / / TERM: COMMENCEMENT DATE:�I �7I I� COMPLETION DATE: 1� 1/� . lo� L� � C.�c�1 Y Uuw` '� TOTAL COMPENSATION: $ ��j "" "� �� '"� �� (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURL '�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 �1, PURCHASING: PLEASE CHARGE TO: 7(J q �� w ZLD � ��D —` Z l. �L t "J O 0 lO. DOCUMENT / CONTRACT REVIEW $�'1 [�PROJECT MANAGER l F4. B' DNISION MANAGER � j� j(( t" C�YDEPUTY DIRECTO�y %11.�� t�-/� [�DIRECTOR /C�ry � �PFT (IF APPLICABLE� I9�I,AW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE� INITIAL / DATE REVIEWED I f ¢ ' S " �l y � INITIAL / DATE APPROVED ��'l�,-i COMMITTEE APPROVAL DATE: " i�i� -� COUNCIL APPROVAL DATE: C4 C 12. CONTRACT SIGNATURE ROUTING �i�I � ' E�SENT TO VENDOR/CONTRACTOR DATE SENT: �� ' ' ' `�` � �� �'ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENS S, XHIBITS -�� l�? I�I.AW DEPT � � f,YSIGNATORY (CM 6�1�$FR�EE3'�) ,� �CITY CLERK [�ASSIGNED AG # [H�S`IGNED COPY RETURNED ❑ RETURN ONE ORIGINAL �� DATE REC'D: � � ' � L� � ��'�n��tG� �� v ./ C� c:� �Q e. QY er'v�-,Q � d�. Prao¢ o�'�.i�,�lior��y P�ov�d4d -�►- �=� Motc.l� /nc �� irad.e.� �nc. Al � Propu' O wr�a.rS Ct✓e. i d.en.�,'�r��.. . o� � .e re ✓cr.�..� s�(,e. � INIT AL / DATE SIGNED � • U .�� 0 �0 aG# � � 0 - 13 " DATE SENT: 11/9 Agreement for the West Hyle,bos Creek Culvert Replacement/Removal and Flood Control Improvements Project PROPERTY OWNERS: Jong Soo Park, President Fife Motel, Inc. 706 S Marine Hills Way Federal Way, WA 98003 Faruq Ramzanalli 2200 Sixth Avenue, Ste 520 ' . , :', ` ` : " Seattle, WA 98121 . . �. . � . , , ' ` Alfred Kim � . 708 S 288 Lane � Federal Way, WA 98003 Ed Kim, President Spiradex, Inc. 2200 Sixth Avenue, Ste 520 Seattle, WA 98121 ,' 1 AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND FIFE MOTEL, INC., FARUQ RAMZANALLI, ALFRED KIM, AND SPIRADEX, INC. FOR THE WEST HYLEBOS CREEK CULVERT REPLACEMENT/REMOVAL AND FLOOD CQNTROL IMPROVEMENTS PROJECT THIS AGREEMENT is made and entered into this�day of , 2010, by and between the City of Federal Way (hereinafter "City") and Fife Motel, In ., Faruq Ramzanalli, Alfred Kim, and Spiradex, Inc. (hereinafter collectively "Property Owner"), collectively referred to herein as the "Parties". WHEREAS, the City proposes to construct the West Hylebos Creek Culvert ReplacemenURemoval and Flood Control Improvements (hereinafter "Project"); and WHEREAS, the Property Owner has conveyed to the City a permanent easement for the construction and maintenance of the Project at no cost to the City; W H EREAS, a portion of the Project is located on the property owned by the Property Owner where the City has a permanent easement for the purpose of designing, constructing and maintaining the Project. The Project scope consists of, among other things, restoring a portion of the property by planting with native plants; and W HEREAS, the Property Owner proposes to develop the properry after the completion of the Project. The development requires installing a sanitary service lateral and a storm line in the area that will be restored by the City's Project; and WHEREAS, the Property Owner can achieve cost savings by contracting with the City to perform certain services for the Property Owner, including letting a Public Works construction contract for the installation of a section of the sanitary sewer service lateral and a section of the storm line within the area that will be restored in connection with the Project (hereinafter "Property Owner Work"); and WHEREAS, the City can achieve an environmental benefit by performing Property Owner Work for the Property Owner thus eliminating the need to disturb the restoration area a second time. NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: I. BIDDING AND CONSTRUCTION. A. It is the intention of the City and the Property Owner that the Property Owner's pians and specifications shall be incorporated into the Contract Bid Documents for the Project in such manner as to allow, to the extent possible, identification of cost allocations between the Parties. Schedule "C" in the Project contract bid form, as described in Exhibit A attached hereto and incorporated herein by this reference, is set up to identify the Property Owner Work. B. Following opening of construction bids on the Project, the Property Owner shall be furnished with the bid responses submitted for the Property Owner Work for the Property Page 1 May 2010 Owner's approval. W ithin five (5) calendar days of receiving the bid prices, the Properry Owner shali notify the City in writing that the Property Owner either approves or rejects their portion of the bid award. Bid award shall be made to the lowest responsible bidder for the total Project subject to applicable laws and regulations. If the Property Owner approves their portion of the bid award, the Property Owner shall also send the City a check in an amount equal to the total bid amount of Schedule C of the Contract. The check shall be payable to the City of Federal Way, 33325 8� Avenue South, Federal Way, WA 98063-9718. The said check shall be received by the City within five (5) calendar days of the Property Owner receiving the bid prices. In the event that the City does not receive the Property Owner's decision and the check within the above specified time frame, the City shall construe the Property Owner's inaction as rejection of all bids, the Property Owner Work shall then be deleted from the project contract, and the City shall proceed with its portion of the Project. The City shall not proceed with the Property Owner Work until the City has received approval from the Property Owner for its portion of the bid award; provided, however: if no bids are received which, in the estimation of the Properry Owner, are acceptable to the Properry Owner for the Property Owner Work, the Property Owner shall so immediately notify the City. The Properry Owner Work shall be deleted from the project contract and, in this event; the City shall proceed with its portion of the Project. This Agreement shall terminate effective the date of the Property Owner's notice to the City of the Property Owner's rejection of all bids, or in case no notice and check are received by the City, on the fifth day after the Property Owner receiving the bid prices, whichever is earlier. CONTRACT ADMINISTRATION. A. The Ciry shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the Project. In providing such services, the City Public Works Director and/or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. The Property Owner grants to the City Public Works Director and/or his or her designee authority to act on behalf of the Property Owner sufficient to carry out the provisions of this Agreement. B. The Property Owner shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect the Property Owner Work, which changes shall be made, if feasible. The City shall notify the Property Owner, in writing, of any changes required of the Property Owner Work and shall obtain the Property Owner's approval of such changes. The Property Owner's approval shall not be unreasonably withheld. The Property Owner shatl be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by the Property Owner. III. PAYMENT. A. The Property Owner shall compensate the City for all costs incurred by the City in performing the Property Owner Work, which costs shall include but are not limited to the Properry Owner Work performed by the Project contractor(s), and all Property Owner required and requested changes. West Hylebos Cr,eek Culvert ReplacemenURemoval and Flood Control Improvements Page 2 May 2010 B. Upon compietion of the construction and City's acceptance of the Project as fully constructed according to plans, specifications and change orders, depending on whether the final costs of the Property Owner Work including all Property Owner required and requested changes, is equal to, over, or under the amount previously paid by the Property Owner to the City, the City shall send the Property Owner either a notice of project completion, a final invoice to the Property Owner for any final payment due, or a check to reimburse the overpaid amount. The final notice, payment, or reimbursement check shall, in effect, transfer ownership of these storm line and sanitary service lateral and appurtenances to the Property Owner and the Property Owner shall thereafter be responsible for maintenance of such facilities. C. The payment to the City, if applicable, shall be due from the Property Owner to the City within thirty (30) days after the invoice is received by the Property Owner. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. IV. INDEMNIFICATION AND HOLD HARMLESS A. The City agrees to indemnify and hold the Property Owner, its officers, employees and agents 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 or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this Agreement. B. The Property Owner agrees to indemnify and hold the City, its elected officials, officers, employees and agents 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 or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the Property Owner, its agents or employees, or by Property Owner's breach of this Agreement. The provisions of this paragraph shall sunrive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. V. DURATION. This agreement shall become effective immediately upon execution by both parties. This Agreement shall continue in force until either (1) the Property Owner rejects all bids, by either notifying the City explicitly, or being construed with its inaction, or (2) the City Council accepts the completion of the project, whichever is earlier. VI. OTHER PROVISIONS. A. This Agreement contains the entire written agreement of the Parties and supersedes all prior discussion. This Agreement may be amended only in writing, signed by both Parties. B. This Agreement shall be in full force and effect from the date of signature by all Parties to the date the City completes the Final Inspection upon completion of the Project and may be extended for additional periods of time upon mutual written agreement of the City and Property Owner. Adherence to deadline dates is essential to the performance of this Agreement. West Hylebos Creek Culvert ReplacemenURemoval and Flood Control Improvements Page 3 May 2010 C. Any provision of this Agreement, which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this Agreement. IN W ITNESS W HEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. DATED this � day of �;� �' , 2010. CITY OF FEDERAL WAY Brian . Wil n, City Manager\Police Chief 33325 8th venue South PO Box 9718 Federal Way, WA 98063-9718 (253) 835-2401 APPROVED AS TO FORM: �, � . m :�� �Y.�-� Patricia A. Richardson, City Attorney ATTEST: City ler Carol McNeilly, C K:ICONTRAC112010\W Hylebos Creek Agreement.doc West Hylebos Creek Culvert ReplacemenURemoval and Flood Control Improvements Page 4 May 2010 DATED this �� day of , 2010. PROPERTY OWNER FIFE MOTEL, INC. .��°' Jon S Park, Pr i nt 70 Marine Hilis ay Federal Way, WA 98003 ���>> ����� Phc�ne STATE OF WASHINGTON ) ) ss. COUNTY OF K l�1fs� ) On this day personaily appeared before me Jong Soo Park, to me known to be the President of Fife Motel, Inc., that executed the foregoing instrument, and acknowledged the said instrumentto 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 �'{'�" day of � u��_, 2010. ��,,����,,,,�� ,,��'�� ,,,,�,�,yN"'�: : ,,�` �o�+ss�.� s ' . � , �,,` ti : ' �� �: _ _m: �,,�, ;,� �,� := : .,, .•• : ,. •••-.,.,,,,,,. .= =,,,�qs y � � . � p � `, , , . lllll -so�+ N o t� (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires bS- 09 —t i West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements Page 5 May 2010 DaTED this ,�'f d y af �wu� ; , 2010. PROPERTY OWNER FARUQ RAMZANALLI By: v�/t., • Signatur - � ?.zso 6 � �-� .� ' � "�-, ° � . .': fAddress . M . .�- _ � - � �,�,a.;tt , c,�� �- �i Q t'z.�1. City/State2ip - -� - - --- - � �o .6 � �{ Z - -t-.S�- - -- - _ _ ... Phone STATE OF WASHINGTON ) ) ss. COUNTY OF �.� Ncr-" ) On this day personally appeared be#ore me, �aruq Ramzanalli, a married person, to me icnown to be the individual described in and who executed the foregoing instrument, and on oath swore that helshe/they executed the foregoing instrument as his/her/fheir free and voluntary act and deed for the uses and purposes therein mentioned. � � GIVEN my hand and officia! seal this 2$' oi ��.�,r�1t , 2010. �� � �, � � �, ►,,,,� ! ,.��''� ,,,,..,�.�yy�-- : f : . �� : a ' , �/o �'� = �' =_ � o ci o : --� : �O� �'' �: � (typed/printed name of notary) -�" ' G�� 9 �' Notary Public in and for the State of Washington. - _� ���, _ = = � '= � �i� �: My commission expires G5 - e 9 - � ► �.,,; ,.' . ...,.,.,,.�• . qS ' �'-,� y�NGTON ,��'� �����i��ri��'�� West Hylebos Creek Culvert . RepfacemenURemoval and Flood Control Improvemenis Page 6 May 20i0 DATED this � day of wl , 2010. PROPERTY OWNER ALFRED KIM By: Signature ����____�� �P-�I� L �, Address ���I��-��,( ���.y/Gvi�/ ��'��� City/State/Zip T .�� 73�6 �' PS��� Phone STATE OF WASHINGTON ) ) ss. COUNTY OF Kcl� [-f" ) On this day persanaily �ppeare� before me, Alfred Kim, a single person, 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 1� day of S��y , 2010. `` �,,���ir,.,.. ,,,�� pHN s �--,, . � ,,,,. �,,.. p : � ��.�o '' ; ,. G A, - � = , = NOTq ��; _ - . - . - : ' _`=+� A�'F.Y= = -�'� 8Ll � : . � �-• � C ., : ! . R � -11 ,,,, O � ,, �,,, p ���in������ \ �,� '�� � wASH1��',+`' ''���►,�������+'' "S o � N o kt� (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires o�—oQ—�� West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements Page 7 May 2010 DATED this � day of �utsc�. , 2010. PROPERTY OWNER SPIRADEX, INC. By: Ed Kim, Pre ent 2200 Sixth venue, Ste. 520 Seattle, WA 98121 Zob- �//-s7.r'S' x /Qa Phone STATE OF WASHINGTON ) ) ss. COUNTY OF �IN� ) On this day personally appeared before me Ed Kim, to me known to be the President of Spiradex, Inc., 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 � day of f}K(ruS? , 2010. ```�,,,��������. �oHN s'� .� �. ,, , 1111II�� i `` �\���M1$SIpN��I� O j : ••• �° �+�; : �' = J b k � fl 1� � ;� NOTq �= = (typed/printed name of notary) ' 1 ► •��' : = Notary Public in and for the State of Washington. �p�: ;' ; My commission expires oT- 0�-11 : t�` ••.,os-�';,. •,,,,�,. . �'�-,'� WASH���'.t'' '��.,,,„�„�,,, West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements Page 8 May 2010 West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements Exhibit A Bid Form Schedule C ESTIMATED ESTIMATED ITEM DESCRIPTION UNIT UNIT PRICE �UANTITY COST Shorin or Extra Excavation Class B LF $ 5.00 191 $ 955 PVC SDR 35 Storm Drain 12" Diam. LF $ 60.00 118 $ 7,080 PVC Sanita Sewer Pi e 6" Diam. LF $ 50.00 73 $ 3,650 Connection to Draina e Structure EA $1,000.00 1 $ 1,000 Subtotal $ 12,685 9.5%SalesTax $ 1,205 Construction Total $ 13,890 Note: Costs presented are estimates only. Actual costs incurred will be used to calculate final Property Owner's cost. West Hylebos Creek Culvert ReplacemenURemoval and Flood Control Improvements Page 9 May 2010