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AG 00-082 DATE IN: To: C,fð:::ú fb, ~ CITY OF FEDERAL WAY LAW DEPARTMENT RECilUEBT FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING BLIP CATS CUT: 1. ORIGINATING DEPT./DIV.: ~ 2. ORIGINATING STAFF PERSON: EXT:~z.a. DATE REo.. By: 4. TYPE OF DOCUMENT RECl.UESTED [CHECK ONE): 0 PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCEILASOR AGREEMENT 0 PUBLIC WORKS CONTRACT 0 SMALL PUBLIC WORKS CONTRACT [LESS THAN 812I5,ODD] 0 SECURITY DOCUMENT [E.G., AGREEMENT & PERFIMAIN BONO; AØøIGNMENT OF FUNDS IN LIEU OF SONoJ 0 CONTRACTOR SELECTION DOCUMENT IE. G., RFB, RFP, RFCI) 0 PURCHASE AGREEMENT IMATERIALS, BUPPUEB, EƒJIPMENT1 0 CONTRACT AMENOMENT 0 EASEMENT 0 0 ì AGI: 5. PRO,JECT NAME: ADDRESS:J), o. &t- \ ~O TYPE OF PERSON DR ENTITY [CHECK ONE): 0 INDIVIDUAL 0 PARTNERSHIP ~OLE PROPRIETORSHIP STATE: W ^ A CORPORATION 6~O'rj~ F. ~y4-tw~n Jr TAX IDIIBSI: TITLE: V \'"<....6 ~.e~IJ~t SIGNATURE NAME: 7. SCOPE OF WORK: ATTACH ExHIBIT A . A COMPLETE AND DETAILED DEBCRIPTION OF THE SERVICES DR SCOPE OF WORK, INCLUDING COMPLETION DATE FOR EACH PHASE OF WORK AND LOCATION OF WORK. B. TERM: COMMENCEMENT DATE: COMPLETION DATE: 9. TOTAL COMPENSATION S [INCLUDE EXPENSES AND SALES TAX, IF ANY) [IF CALCULATED ON HOURLV LASOR CHARGE - ATTACH SCHEDULES OF EMPLOVEES TITLES AND HOUOAV RATES] REIMBURSABLE EXPENSES: DYES ONO IF YES, MAXIMUM DOLLAR AMOUNT: S IS SALES TAX OWED? DYES ONO IF YES, S PAID BY: 0 CONTRACTOR 0 CITY 10. SELECTION PROCESS USED [CHECK ONE): 0 REClUEST FOR BIOS 0 REClUEST FOR PROPOSALS 0 REClUEST FOR QuOTES 0 REClUEST FOR QuALIFICATIONS 0 ARCHITECT & ENGINEER LIST 0 SMALL WORKS ROSTER 11. CONTRACT REVIEW - 0 DIRECTOR 0 LAW [ALL CONTRACTS] INITIALIDATE ApPROVED 0 RISK MANAGEMENT [ALL CONTRACTS EXCEPT AMENDMENTS, CONTRACTOR SELECTION OOCUMENT1 0 HUMAN SERVICES 11. CONTRACT SIGNATURE ROUTING INITIALIDATE ApPROVED ~(~i~/~ C lL~~ 0 III _~_ Al!llr 48. r-bolii - Ii. SilII "III! 'I'D. " LD4.... [A.V 11111111 ". " ~~ ~~- ~~ Property Address: The Quadrant Corporation East Campus Parcel 3 - Lots 3 & 4 Grading & TESC 33940 Weyerhaeuser Way FederalWay,WA 98003 Bond #: Permit #: Bond Amount: Cash Deposit Amount: 6032627 BLD99-0540 $233,262.00 $5,831,00 Applicant: Project: CITY OF FEDERAL WAY AGREEMENT AND PERFORMANCE/MAINTENANCE BOND THIS AGREEMENT ("Agreement") is dated effective this 24th day of March 2000. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City") and The Quadrant Corporation, a Washington corporation ("Applicant"), A. The Applicant is required to perform certain work and/or complete certain improvements, including grading, clearing, drainage improvements, and installation of temporary erosion control facilities, at the above referenced address located in Federal Way, Washington in connection with Applicant's Land Use Application under the above-referenced permit number ("Permit"); B. The improvements will be constructed or the work performed in accordance with record drawings and approved plans on file with the City ("Plans"); C, The City has determined that the Applicant must post security with the City pursuant to Sections 22-146 through 22-159 of the Federal Way City Code ("FWCC") as now existing or hereafter adopted or amended, to guarantee Applicant's performance of the required construction of improvements or performance of work, maintenance or repair in accordance with the Plans as a condition of granting the Permit. NOW, THEREFORE, the Parties agree as follows: 1. Improvements. Applicant shall construct all improvements and perform all maintenance pursuant to the Plans, to the City's satisfaction ("Work"). The obligation to maintain the improvements shall continue for a period of two (2) years after issuance of the certificate of occupancy or final inspection, or such longer period as required by the FWCC or other applicable law, rule or regulation. 2. Completion of Work. The Applicant shall complete the Work to the City's satisfaction, within the time period prescribed by the City, and in full compliance with the Plans, including any approved amendments thereto, and in conformance with all applicable laws, rules or regulations. 3. Performance/Maintenance Bond. Applicant shall deliver the fully executed Performance/ Maintenance Bond to the City in the form attached hereto as Exhibit "A" and incorporated by this reference ("Bond"), to guarantee Applicant's performance of the construction of the improvements and/or maintenance of the improvements pursuant to the Plans. (CQ)(P»f 4. Release of Bond. If the Principal constructs the improvements in accordance with the terms of the Bond, the Permit and all applicable law, the sum of the Bond shall be reduced by seventy percent (70%) after final inspection and approval of the improvements by the City and the City will deliver to Principal the fully executed Partial Release of Bond attached hereto as Exhibit "B". Except as set forth in the preceding sentence, the Bond shall remain in full force and effect. That portion of the Bond equal to thirty percent (30%) of the original penal sum shall remain in full force and effect for two (2) years after final inspection and approval, as a maintenance bond to guarantee against defective materials and workmanship in the construction of the improvements and to insure continued maintenance of the improvements, Two (2) years after final inspection and approval of the improvements and performance of the maintenance, the City will release the remaining portion of the Bond by executing and delivering to Principal the Full Release of Bond attached hereto as Exhibit "C", 5. RiÇ)ht to Complete Work, In the event the Applicant fails to perform the Work, the City may, but in no event is it obligated to, request the disbursement of the Bond from the surety and perform any of the necessary Work, Upon demand, Applicant agrees to pay the City an amount equal to all of the City's costs and expenses in performing such Work in excess of the amount of the Bond, 6. Notice. The Community Development Department of the City shall be given forty-eight (48) hours notice prior to the commencement of the Work. 7. Indemnification. Applicant 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 attorney fees) arising from, resulting, or connected with this Agreement and the Bond, including without limitation, the City's performance of the Work pursuant to Section 5 herein. 8. Administrative Cash Deposit. In addition to the amount of the Bond, Applicant agrees to pay a cash deposit to the City pursuant to Section 22-151 of the FWCC, upon the execution of this Agreement equal to the following percentages of the amount of the Bond: ').~ Amount of Bond Amount of Cash Deposit Up to $20,000 $20,001 - $50,000 $50,001 - $100,000 $100,001 and up 5% of Bond (minimum $100) 4 % of Bond 3% of Bond 2-1/2% of Bond The cash deposit may be used by the City to cover its actual expenses in administering this Agreement and, if necessary, collecting and using the proceeds from the Bond, 9. Remedies Cumulative. No remedy provided for by this Agreement shall be deemed exclusive, but shall be deemed cumulative and in addition to every other remedy available to the City at law, in equity or by statute. Applicant's liability under this Agreement is not limited to the amount of the Bond, 10. License. Applicant shall record a license in the form attached hereto as Exhibit "0" and incorporated herein by this reference with the King County Department of Records, immediately upon the execution of this Agreement and at Applicant's cost. -2- 11. General Provisions. This Agreement may not be amended except by written agreement signed by the Parties. Any provision of this Agreement which is declared invalid, shall not invalidate the remaining provisions of this Agreement. The failure or delay of the City to declare any breach or default shall not waive such breach or default. This Agreement may not be assigned by any Party without the written consent of the other Party. This Agreement shall be binding upon and insure to the benefit of the Parties' successors in interest. Time is of the essence, The Quadrant Corporation By /Í)A 7- ~}l Its: \/tee. (/yu; c/tJ,J P.O. Box 130 Bellevue, WA 98009 425-455-2900 ~ STATE OF WASHINGTON) ) ss. C; COUNTY OF KING) -J . . On this day p~ljSon_ally ~peared ~efore me . e ~1J r S ~(/'1^, ~. , to me known to be the V LtJ2 - f~ 'r.h.n r' , of the corporation that executed the foregoing License, 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 ;)7#'" day of !Î1t1hë.1-L ,20æ. ~ Ii ¿ ìftI'Ý-lÙu AJ (nfa signature) l,..-/ (typed/printed name of notary) Notary Pu.bli~ in an~ for the S~te If Washington. My commiSSion expires 7 01 (J 3. . :~~ JUNE M. KILLMER NOTARY PUBLIC STATE OF WASHINGTON ~ COMMISSION EXPIRES JULY 1, 2003 ...... -- ~ ~ ~ David H. Moseley, City Mager 33530 1 st Way South FederalVVay, VVA 9800 . , >7 ,(])~~ City Clerk, N, Christine Green, CMC APPROVED AS TO FORM: Cary~bl~r (Gr) ," Project: East Campus Parcel 3, Lots 3 & 4 Grading & TESC Permit #: BLD99-0540 EXHIBIT A CITY OF FEDERAL WAY PERFORMANCE/MAINTENANCE BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned, The Quadrant Corporation, as principal ("Principal"), and Safeco Insurance Company of America, the undersigned corporation organized and existing under the laws of and legally doing business in the State of Washington as a surety ("Surety"), are held and firmly bound unto the City of Federal Way, a Washington municipal corporation ("City'l in the penal sum of Two Hundred Thirty-Three Thousand Two Hundred Sixty-Two and no/100 Dollars ($233,262,00) for the payment of which they firmly bind themselves and their legal representatives, successors and assigns, jointly and severally. This obligation is entered into in pursuant to the statutes of the State of Washington and tile ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. -:',:," The Principal has entered into an Agreement with the City of even date to complete certain improvements including grading, clearing, drainage improvements, and installation of temporary erosion control facilities. NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in tJhe manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold the City, their officials, agents, employees and volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the Oty harmless from any damage or expense by reason of failure of performance a.s specified in me Agreement, or from defects appearing or developing in the material or workmanship provided or performed under the Agreement within a period of two (2) years after its final acceptaoce thereof by the City, then and in the event this obligation shall be void; but otherwise, it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees th::3t no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Agreement or to the Work. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the Agreement without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without the consent of the Surety. Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Agreement, the Surety shall make a written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the City, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected, Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs, The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action, In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration and Mediation ("USA&M"). The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by the Seattle USA&M office, 4300 Two Union Square, 601 Union Street, Seattle, Washington 98101-2327. The Surety shall not interplead prior to completion of the mediation. ,~;., DATED this 28thclay of March ,2000. CORPORATE SEAL OF PRINCIPAL: By: Its: Vict, ~L/' Ij~ r (Title) P.O. Box 130 Bellevue, WA 98009 425-455-2900 '. CORPORATE SEAL OF SURETY: SAFECO Insurance Company of America /'; Surety - ,11. Dv-iU By: Attorney-in-F act (Attach Power of Att rney) ALLISON J. NORR Name of Person Executing Bond SAFECO INSURANCE COMPANY OF AMERICA 10915 Willows Rd., Bldg. F Fl. 3 Address Redmond WA 98052 (253) 924-5209 Phone BOND NUMBER: 6032627 CERTIFICATE AS TO CORPORATE SEAL ... I hereby certify that I am the (A~8~~ Secretary of the Corporation named as Prir~cipal in the within bond; that George F. Sherwin Jr. , who signed the said bond on behalf of the Principal, was Vice President of the said Corporation; that I know his or her signature thereto is genuine, nd t t said bond was duly signed, sealed, and attested for and in behalf of said Corporation auth ity of its governing body. APPROVED AS TO FORM: ~~(&-) Cary M. Roe, Public Works Director ~ S A FEe o~ POWER OF ATTORNEY 'ECO INSURANCE COMPANY OF AMERICA ",¿NERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PlAZA SEATTLE, WASHINGTON 98185 No, 9670 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint .""."...."......".".GARY A, BAXTER; MARK E. TA YLOR; JOHN W. LAMBDIN; ALLISON J, NORR; Tacoma, Washington.."........................""".. its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby, IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 16th day of April , 1999 .Ø? ¿:( -é? ~ k) {kM~ R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Artide V, Section 13. - FIDELITY AND SURETY BONDS .., the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidendng such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970, "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, RA. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attomey issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attomey are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 28th day of March 2000 .Ø? ¿:( -é? ~ R.A. PIERSON, SECRETARY S-<l9741SAEF 7/98 @ Registered trademark of SAFECO Corporation. 4/16/99 PDF , - EXHIBIT B PARTIAL RELEASE OF BOND # The undersigned hereby acknowledges that a portion of the conditions of the Agreement and Performance/Maintenance Bond for East Campus Parcel 3, Lots 3 and 4 Grading & TESC (BLD99-0540), have been satisfied and hereby authorizes the release of an amount equal to One Hundred Sixty-Three Thousand Two Hundred Eighty-Three Dollars ($163,283,OO). The remaining funds equaling thirty (30%) of the cost of the work or improvements shall be retained by the City for a period of two (2) years as security for Assignor's performance of all maintenance for the above described project and as a guarantee against defective materials or workmanship in the construction and maintenance of such improvements, Dated this day of ,20 CITY OF FEDERAL WAY By: (Name, Title) . . . , . EXHIBIT C FULL RELEASE OF BOND # TERMINATION OF LICENSE The undersigned hereby acknowledges that the two (2) year maintenance period has expired, that the work or improvements covered by the Agreement and Performance/ Maintenance Bond for East Campus Parcel 3, Lots 3 & 4 (BLD99-0540), have been completed to the City's satisfaction and that the City is not aware of any defect in workmanship or materials. Accordingly, the undersigned hereby releases the sum of Sixty-Nine Thousand Nine Hundred Seventy-Nine Dollars ($69,979,00). The undersigned further releases all right, title and interest granted to the undersigned by reason of a certain License Agreement recorded under King County Recording No, ("License Agreement") and acknowledges that all obligations and rights contained in the License Agreement are hereby terminated. Dated this day of ,20 CITY OF FEDERAL WAY By: (Name, Title)