AG 10-138 - FIFE MOTEL, INC., FARUQ RAMZANALLI, ALFRED KIM, & SPIRADEX�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
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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
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lO. DOCUMENT / CONTRACT REVIEW
$�'1 [�PROJECT MANAGER l F4.
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t" C�YDEPUTY DIRECTO�y %11.��
t�-/� [�DIRECTOR /C�ry
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I9�I,AW DEPT
11. COUNCIL APPROVAL (IF APPLICABLE�
INITIAL / DATE REVIEWED
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INITIAL / DATE APPROVED
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COMMITTEE APPROVAL DATE: " i�i� -� COUNCIL APPROVAL DATE: C4 C
12. CONTRACT SIGNATURE ROUTING �i�I � '
E�SENT TO VENDOR/CONTRACTOR DATE SENT: �� ' ' ' `�` � ��
�'ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENS S, XHIBITS -��
l�? I�I.AW DEPT
� � f,YSIGNATORY (CM 6�1�$FR�EE3'�)
,� �CITY CLERK
[�ASSIGNED AG #
[H�S`IGNED COPY RETURNED
❑ RETURN ONE ORIGINAL
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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
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Phc�ne
STATE OF WASHINGTON )
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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.
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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., •
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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.
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GIVEN my hand and officia! seal this 2$' oi ��.�,r�1t , 2010.
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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
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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.
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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
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STATE OF WASHINGTON )
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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.
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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