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AG 96-011 - FED WAY SD 210/CITY OF FEDERAL CAn: IN: .;1.- ç-<J s' .;,l qr;:-¡'Io CITY F' F'EDERAL WAY LAW DEPARTMENT REQUEST F"OR CONTRACT PREPARATION/CeCUMENT REVIEW/SII!INATURE 1. ORII3INATIN13 DEPT./olv.: ~ 2. ORI13INATIN13 STAF"F" PERSON:f Ç¡ vl ( OCI Q r ROUTINI!I SLIP 4. TVPE OF" DOCUMENT REIõ UEBTED ICHECK ONE): 0 PRO'ESSIONAC SERVICES AGREEMENT 0 MAINTENANCE/LABOR A"REEMENT 0 pusc,c WORKS CONTRACT 0 SMACL PUSCIC WORKS CONTRACT 'L..s T.A. "',0001 EXT~.lD.lJLÌs. DAn REQ. BV:? 17 () J 0 SECUR'TY DOCUMENT '"..., A.."M.~ A "."MA'. Oa.ol A."..HE.T a. "".as ,. L'.u a. 'aHa' 0 PURCHASE ABREEMENT IMAYS.'ALS, BU""'" E.u".s.TO 0 CONTRACTOR SECECTION DOCUMENT ILS.. .'0. .,.. .'QI 0 CONTRACT AMENDMENT. (."'#1 J ~~:~:ENT ~lìter '()(I cL 0 REAC ESTATE PURCHASE & SACES A"REEMENT Lct!wtú :::Ln--t-e.r 1t:'C cD 6. NAME OF" CONTRACTOR: ,,'i--Lú s,t }¡!Jc.J ~b is, rn' (1- / é r'1-ï ADDRESS: PHONE: S. PRO,JECT NAME: TVPE DF" PERSON OR ENTITV ICHECK ONE): 0 INDIVIOUAC 0 PARTNERSHIP 0 SOCE PROPRIETORSHIP 0 CORPORATION STATE:- TAX 10#/SS#: S'13NATURE NAME: TITLE: 7. SCOPE OF" WORK: ATTACH EXHIBIT A - A COMPLETE AND OETAILED DESCRIPTION OF" THE BERVICES OR BCOPE OF" WORK, INCLUOIN13 COMPLETION DATES F"OR EACH PHASE OF" WORK AND LOCATION OF" WORK. S. TERM: COMMENCEMENT OATE: COMpLETION DATE: 9. TOTAL COMPENSATION: $ I" CALCU~YSO a. "aU.LY LAsa. C"A.SS ' ATVAC" .C"EOUL" a. s..~n.s mLSS A.O "aU.LY OAT'" REIMBURSABLE EXPENSES: DYES DNa 0 No " VES, MAXIMUM DOLLAR AMOUNT: . Is SALES TAX OWED? 0 YES IF" VES, PAID BV: 0 CONTIOAOTO.. oCITV 10. SELECTION PROCESS USED ICHECK ONE): 0 REQUEST 'OR SlOB 0 REQUEST 'OR PROPOSACS 0 RE..UEST "'R lõ UOTES 0 REQUEST 'OR lõ UALI"CATIONO 0 ARCHITECT. ENGINUR LIST 0 SMACC WORKO ROOTER 0 R'SK MANABEMENT 'ALL ca.TOACTS .XC." A.s.a.E.TS. caHTOACTa. SSLSCT'OH aaCUM..TI ~ ~T?ATï'¿'t;Ï1ç \,~'V:i~~5 (¡ G tr17i/~ s 1 1. CßNT~$ë~ ~d. ~ ;,c: 'IACC ceNTRACTS) 0 PURCHASIN" COMMENTS )te ~Ttlt L nf d ~""/,,,,"'.'::"""""~A"""OV;; ~~ /:~/- '=^( .'"7Ç 'Z'ifqç A1t~?~{?~d ~~ ¡tJnf.s- 12. C1N'5""'CT SIGNATURE ROUTING ~PAOTMENT 0 cYY MANA"ER ....e CITY CLERK ~~"S:::E:O:: 0;C96"- ¡i"'NATIN" DEPT. , . )lót e_~ WHITE. a."'.AL STAYS W'T" ca.T.ACTI CANA"Y , a."'.AY'.' STAB" PINK . ~W aE",1 GDCDEN"DO . LAW OE", LO..' '.EY 7/041 I ) .:(; '1 DATE IN: , f: I> ,i.! 'J l. -- " 1'110 CITY F FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DoCUMENT REVIEW/BII3NATURE ReUTINI3 BLIP VIII '11 ( 1. ORI13INATINII OEPT./DIV.: r . 2. ORI13INATIN13 STAF"F" PERSON: ì (.1 11 r (,/'1 ( r EXTi~. DAT" REIõ!. Bv: / / ( / 4. TVPE OF" DOCUMENT REIõ!UESTED ICHECK ONE): 0 PRo,nBIONAC SERVICES A"REEMENT 0 MAINTENANcE/LAseR ABREEMENT 0 PUBCIC WORKS CeNTRACT 0 SMACC PUSCIC WeRKS CONTRACT 'L..s T"A. "',COO' , 0 SECURITY DOCUMENT IE,... A.SSEME~ .. ....<I"A'. Oa.a, US'.NNEMT a. ""MaS ,. C"U O' Sa.a' 0 CONT_CTOR SECECT'ON OOCUMENT 'E,... ".S, ""', ..g, 0 PURCHASE ABREEMENT IHAUS'ALS, su""". E.U,"ME.TI 0 CONTRACT AMENDMENT AII#: fo~:::ENT ,/ II t ( ( If (i «( I 0 REAC ESTATE PURCHASE & SACEB AgREEMENT S. PRO.JECT NAME: ill ( , , ! /, II , I, 6. NAME OF" CONTRACTOR: 1\ I ~ \ , ! ,. I i, ADORESS: PHONE: TYPE 0' PERSON DR ENTITV ICHECK ONE): 0 INDIVIDUAC 0 PARTNERSHIP 0 SOCE PROPRIETORSHIP 0 CORPORATION STATEI- TAX 10#/SS#, BI13NATURE NAME: TlTL": 7. SCOPE OF" WORK: ATTACH EXHIBIT A - A COMPLETE ANa DETAIL"D QEBCRIPTION 0" THE SERVIOEB DR SCOPE OF" WORK, INCLUDINg COMPLETION DATES F"OR EACH PHABE 0.. WORK AND LOCATION OF" WORK. S. TERM: COMMENCEMENT DATE: COMPLETION DATE: I" OALCU~UO ON "aUSLY ~sas CN...E ' ATV"" SC"EOU"S a. -......... YWLES ANO NCU_Y OAT'" $ 9. TOTAL COMPENSATION: REIMSURSABLE EXPENSES: DYES ONe DNa IF" VEB, MAXIMUM DOLLAR AMOUNT: $ Is SALES TAX OWED? 0 YEB IF" VES, ..AID SVI 0 CONTIOADTDR oCITV 1 O. SELECTION PROCESS USED ICHECK ONE): 0 REQUEST ,eR SIDS 0 REQUEST 'OR ~UDTES 0 REQUEST 'OR PROPOSAC8 0 REQUEST 'OR ~UACI"DATIONB 0 ARCHITECT. ENIIINEER LIST 0 SMALL WORKS RD8TO1:R 0 RISK MANA"EMENT 'ALL OONYOAOYS S'CS" A"ENOME~S. ca.TOAOTas SSLEOy,aN oaCUMCNT' ~ lI;t:t7L/DAT:""'7':0/ /;:-'\ ,-"", ( ) ( . ' 1 1. CONTRACT REVIEW , ~~: IACC C~~TRACT81 0 PURCHABINB 12. CONTRACT SIGNATURE ROUTING INITIAL/DATE ApPRDV"D 0 LAW OEPARTMENT 0 CITY MANABER ....Er'é',TY CCERK . \=J.JSI"NED COpy SACK TO ORIBINATINB DEPT. ~"'BNED All # q¿,-// COMMENTS / i I ; , ~ "'Or M+ lAp 1>. 0, LO.'S "'EY ,"'., AGREEMENT BETWEEN FEDERAL WAY SCHOOL DISTRICT AND CITY OF FEDERAL WAY This Agreement is entered into this 19th day of December¡ 1995 by and between Federal Way School District No. 210, a municipal corporation ("the District") and the City of Federal Way, a municipal corporation ("the city"). I. RECITALS A. The District is the owner of certain real property commonly known as Lakota Junior High School located at 1415 S.W. 314th¡ Federal Way¡ Washington ("the District property"). B. The city is the owner of certain park property adjoining Lakota Junior High School ("the City property"). C. The District and the city desire to jointly plan for the development of their properties for community recreational purposes in order to ensure efficient and economical utilization of the adjoining properties. D. RCW Chapter 39.34¡ the Interlocal Cooperation Act, permits municipal corporations to reach agreement to provide for services which jointly benefit their communities. E. The purpose of this Agreement is to establish a framework for the master planning of potential joint use of the District property and the city property for the purpose of providing a football field¡ baseball and soccer fields and a park for the community. II. AGREEMENT In consideration of the mutual benefits herein¡ the parties agree as follows: 1. SCODe of Work. The scope of work performed under this Agreement shall be for the purpose of preparing a conceptual design and master planning for the potential combination and coordination of use of the District property and the City property to provide services in the nature of a football field¡ baseball and soccer fields, and a park for the community of Federal Way. 2. EmDlovment of Consultants. The city shall be solely responsible for contracting with appropriate architectural and planning consultants to perform the work set forth under paragraph 1¡ above. The city agrees to seek the input of and advice of the District in the selection of said consultants. The city, however, shall have the final decision in the selection of said consultants. - 1 - ORIGINAL 3. Costs of Consultants. The District and the City agree to equally share the costs of said consultants employed by the city; provided. however¡ that neither the City's nor the District's share of said fees and costs shall exceed the sum of Twenty-five Thousand and no/100 Dollars ($25¡000.00) apiece. The District¡s obligation to remit its share of the cost of said consultants shall be due and owing upon completion of this Agreement, as set forth in paragraph 5 herein. 4. Cooperation. The District and the City agree to cooperate fully with each other to fulfill the purpose of this Agreement. All consultants employed by the city to satisfy the obligations of this Agreement shall actively seek and obtain the input of and the advice of the District and the City, including the scheduling and parameters of any meetings¡ to satisfy the obligations of the master planning and conceptual design work for the joint recreational use of the District property and the City property contemplated under this Agreement. All consultants employed by the City shall be further obligated to provide progress reports to the District. 5. Completion of Scope of Work. The District and the city agree that all obligations required under this Agreement shall be completed by no later than July 1¡ 1996. 6. No Future Obliqations. The District and the City agree that the master planning and conceptual design work performed under this Agreement shall be presented to the Board of Directors of the District and the city Council for purposes of review and consideration. Nothing herein shall create any obligations or expectations by the District or the city to perform¡ complete or implement any improvements ¡designs, recommendations or plans prepared by any consultant employed in accordance with the purpose of this Agreement. 7. Notice. All notices required under this Agreement and the Project Coordinator for the parties shall be as follows: The District: Rod Leland Facility Services Department 1066 South 320th Street Federal Way¡ WA 98003 Telephone: 206-839-9250 Facsimile: 206-941-3834 w/copy to: Jody Putman operational Support Services 31405 18th Ave. So. Federal Way¡ WA 98003 Telephone: 206-941-0100 Facsimile: 206-941-0422 - 2 - The City: Jennifer Schroder Director of Parks, Recreation & Cultural Services 33530 First Way South Federal Way, WA 98003-6210 Telephone: 206-661-4041 Facsimile: 206-661-4024 8. Indemnification. The District agrees to indemnify and hold the city¡ its elected officials¡ officers¡ employees¡ agents, and volunteers 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 from, resulting from¡ or connected with this Agreement to the extent caused by the negligent acts¡ errors or omissions of the District¡ its partners¡ shareholders¡ agents¡ employees¡ or by the District's breach of this Agreement. The City agrees to indemnify and hold the District, its elected officials, officers, employees¡ agents, and volunteers 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 from, resulting from¡ or connected with this Agreement to the extent caused by the negligent acts¡ errors or omissions of the City, its partners¡ shareholders, agents, employees¡ or by the city¡s breach of this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 9. Work Product. All work product, including plans, sketches¡ layouts, designs. design specifications, records¡ files¡ computer disks, magnetic media or material which may be produced or modified by any entity¡ directed¡ hired or appointed or employed by either Party to perform the services or carry out the intent of this Agreement shall be jointly owned by the city and the District. At the termination or cancellation of this Agreement¡ copies of any such work product remaining in the possession of any contractor shall be delivered to the Parties. 10. Entire Aqreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. - 3 - 11. Full Force and Effect. 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. 12. Attornev Fees. In the event the City or the District defaults on the performance of any terms in this Agreement, and the District or City places the enforcement of the Agreement or any part thereof¡ or the collection of any monies duel or to become due hereunder ¡ or recovery of possession of any belongings, in the hands of an attorney¡ or file suit upon the same, each Party shall pay all its own attorney¡s fees¡ costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 13. Modification. No modification, amendment, addition to or changes to this Agreement shall be valid or enforceable unless in writing and signed by all parties. 14. ADDroval bv Board/Citv Council. Execution of this Agreement shall represent that this Agreement has been approved by the Board of Directors of the District and has been approved by the city Council. In witness whereof¡ the parties have executed this Agreement on the date and year set forth above. FEDERAL WAY SCHOOL DISTRICT NO. 210 By:ç;¡Ø4!te~k Its: Superintendent CITY OF FEDERAL WAY BY'~ enneth E. Nybe Its:City Manager Attest: Its: APPROVED AS TO FORM: þ~ ~ Ldhdi K. Li ell city Attorney ~ K: \doclIIIOnt\LakotB21 o. agr (95-140) 12-27-95 - 4 -