Loading...
AG 97-174 OATE IN: DATE CUT: ~ CITY OF FEDERAL WAY W DEPARTMENT REQUEST FCR CCNTRACT PREPARATICN/DCCUMENT REVIEW/SI¡I3NATURE 1. ORIGINATING DEPT./Dlv.: ~~\L ~C:>{\L~~~~J~\.\ ~~ 2. ORIGINATING STAFF PERBCN:~~ \\~ EXT~ 3. DATE REQ. By: RCUTING SLIP 0 PRDFuSICNAL SERVICu AGR£EMENT 0 MAINTENANCE/LASDR AgREEMENT 0 PUSL'C WDRKS CDNTRACT 0 SMALL PUBLIC WORKB CONTRACT <L... THAN ...,eeo, 0 PURCHASE AgREEMENT 'HAU.'A". 'uP.u<., E,u'PH<NTO ~ S~~~':~:'<~~N~u.,:~~l~~~~~~~~~. B.~ ~ 0 CDNTRACTDR SEL£CTIDN CDCUMENT 'LS., R", .'P, .'QI 0 CONTRACT AMENOMENT 0 EASEMENT 0 OTH£R AmI: 4. TYPE OF DOCUMENT REQUESTEO (CHECK ONE): 0 R£AL ESTATE PURCHAB£ & SAL£S AGREEMENT S. PROJECT NAME: ~~-;~~ L ~~ 'Nß 6. NAME OF CDNTRACTDR: ~'\~ L ~,~~~~~ ~ ~~ \ -~~~\~'::í¡'I\'\N.\¡&: ACDRESS: "6.~\~ ~~~ ~~~~ ~~<::i:::'I~PHCNE: TYPE CF PERSCN CR ENTITY (CMECK ONE): 0 INDIVIDUAL 0 PARTNERSHIP 0 SDLE PRDPRI£TDRSHIP STATE: 0 CDRPDRATIDN TAX ID#/SS#, SIGNATURE NAME: TITLE: 7. SCOPE OF WORK: ATTACH EXHISIT A - A CCMPLETE ANC CETAILED DESCRIPTICN CF THE SERVICES CR SCOPE CF WCRK, INCLUDING CCMPLETICN CATES FOR EACH PHASE OF WORK AND LCCATICN OF WORK. B. TERM: CCMMENCEMENT DATE: \\~ COMPLETION DATE: 9. TOTAL COMPENBATION: $ "'~ !INCLUDES EXPENSES AND SALES TAX, IF ANY) II. .A~U~UO ON HOU..T ~... OHA.a< - ATTAOH .'P<OU'" O. <HP.OV<.. TOm. ANO HOU..T RAT'" REIMSURSABL~XPENSES: Is SALES TAX O~, 0 YES '-...g Nc 0 T£s ~ IF YE,MAXIMUM DOLLAR AM~T: $ ............ IF YES, " PAID BY~ 0 CONTR~R OCITY 1 O. SELECTIO~ROCESS USED (CMECK CNE): 0 REGUEST .'DB ' 0 R£GUEBT R QUDTEB 0 REQUEST 'DR DPDSALS 0 REGU£BT ,D UALI"CATIDNS 11.~~~~~~ 0 O'RECT¿:"D' "It LAW (ALL CDNTRACTSI 0 RISK MANAGEM£NT IA.. OONTRA~. <AO<.T AH<NOH<NT.. OONTRAOTe. .mOTIeN OOOUH<HTI INITIAL/DATE ApPROVED ~~ 7/171"/1 0 PURCHASING 12. CONTRACT SIGNATURE ROUTING 1f.. LAW OEPARTMENT 0 C'TT MANAG.. ~ERK ~ :~GS~::E:D:: S:!fi ::i'1'zt'NG O£PT. 0 PURCHASING: PL£AB£ CHARG£ TD: INITIAL/DATE ApPROVED =3£~¡);~'þ COMMENTS WH'TE' ..'.'NA. OVATP WOTH CONTRAC' CANARV - em. TO SW. PONK - .AW e<.T. OCLOENRoe. O.'.'NATON. STA..ì .OA" 'R.v ."5O A & q7-l7lf Applicant: Pierre L Pinsonnault & Sheryl L Pinsonnault Project: Aerospace Distributors Property Address: 34100 - 9th Avenue South Federal Way, WA 98003 Bond#: Æ~'sS Permit#: BLD97-0160 Bond Amount: $375.000.00 Cash Deposit Amount: $9,375.00 CITY OF FEDERAL WAY AGREEMENT AND PERFORMANCE/MAINTENANCE BOND THIS AGREEMENT ("Agreement") is dated effective this 11th day of July, 1997. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City") and Aerospace Distributors, a Washington corporation (" ApplicantH). A. The Applicant is required to perform certain work andlor complete certain improvements, including on-site and off-site work related to installation of a storm drainage system, sewer connections, water connections, grading, paving, water quality facilities, and street lighting 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. Imorovements. 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. Comoletion 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. ORIGINAL 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 p~rtion 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 "Co. 5. RiQht to Comorete 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. ~. The Community Dev.elopment 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 DeDosit. 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 DeDosit 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. ~. Applicant shall record a license in the form attached hereto as Exhibit "D" 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. 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 -2- 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. AEROSPACE DISTRIBUTORS r "- Pierre L. Pinsonnault & Sheryl L. P¡""u««aUIt-\ ~ By: ðttt~ ~~~. ' Its: J¡¡es/~7 By: Its: 1051 Industry Drive Seattle, WA 98188-4803 (253) 575-4696 CITY OF FEDERAL WAY ~1~~ By: 1 ." f- Kentth E. yberg, City Manager 33530 1 st Way South Federal Way, WA 98003 'ð1~ City Clerk, N. Christine Green. CMC APPROVED AS TO FORM: ~ ~~ I~ ) Londi K. Lindell, City Attorney ¿¡-~ -------- L,IPAMSYSIDOCUMENT\8lD97 01.60IPEAfMAJN.AGT R,v, 01.28-97 - -3- MAIL TO: CITY OF FEDERAL WAY 33530 1ST WAY SOUTH FEDERAL WAY, WA 98003 ATTN: Stephen Clifton EXHmII....D LICENSE The undersigned owner of certain real property located in Federal Way, Washington and legally described as follows: TAX PARCEL NO: 926480-0100 Legal Description: Lot 10, West Campus Business Park, According to the plat thereof recorded in volume 97 of plats. Pages 78 through 82, Inclusive in King County Washington: Together with an easement for ingress and egress over the south 12 feet of Lot 11 of said plat of West Campus Business park, as established by instrument recorded March 12, 1979 under recording number 7903120511. ("Property") hereby grants an irrevocable license to the City of Federal Way (SCityS) and the City's agents, employees, contractors or representatives to enter upon the Property to inspect the construction of improvements, the performance of work or to allow the City to perform any necessary maintenance or work, all pursuant to that certain Agreement and Performance/Maintenance Bond of even date entered into between the City and the under4':7.ated herein by this reference. DATED this #- day of ,1997. ":f:~"c~"-" (Signatd (Cf (Signature) [Corporate Notary] STATE OF WASHINGTON) ) ss. COUNTY OF KING ) ~ On this :Ø;:HIlY appeared before me Pierre L. Pinsonnault & Sher,1 L. ' ,to me known to be the"' Aerospace Distributors, 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. G~' m, ..."."" om"., .œ' ~" ~ ~;¡¡l1~ ,-L<,~ (notary slg ature) &ÆCe-~ ,Aj C! /"I-t€ (S; /' 14 ~ (typed/printed name of notary) Notary Public in and for the S~te of Washington. . My commission expires If lð-è II 0 [Individual Notary] STATE OF WASHINGTON I ) ss, :~~:::a~:e::::IlY appea:ed before me, 'Pierre L. Pinsonnault & Sher,! L. fl"SO'III"Ulto~own to be the individual(s) described in and who executed the foregoing License, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and vDluntary act and deed for the uses and purposes therein mentioned, . ~ GIVEN my hand and official seal thiS-Z3 L,IPRMSYSleOCUMENnSLD.' O'.""PER'MAIN.ACT R."..d,C'.'..., - +012065754154 REROSPRCE DIST (SER) 373 P05 JUL 18 '97 10:37 EXHIBIT A P,aj_: A.....- Dlotril>ijta,. P.,mlt: 'BLD87-Ð1 eo CITY OF FEDERAL WAY PERFORMANCE/MAINTENANCE BOND Bond #4403635 KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned, Pierre L. Pinsonnault " Sheryl PinlJOnnault, as principal ("PrincipaIR), and Developers Insurance Company, the under.igned corporation organized end existing under the laws of the State of California. and legally doing business in the State of Washington as a suretV ("SuretV"), are held and firmly bound unto the City of Federal Way, a We.hingtòn munìcipal corporation ("City" in the penal sum of Three Hundred Seventy-Five Thou.and no/1oo Dollers (1375,000.00) for the payment of which they firmly bind themseives and their legal representatives, successors and assigns, jointly end aeverelly, This obligation is entered into in pursuant to the statutes of the Stata of Washington and the 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 install on-aite end off-site work related to a storm drainage system. sewer connections, water connections. grading. paving. water quality facilities, and street lighting et the above referenced address located in Federal Way. WashinQtòll in conneCtion with Applicant's Land Use Application under the above-referenced permit number ("Permit"); NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the 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 City harmless from any damage or expense by reason of failure of performance as specified in the 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 ecceptance 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 end agrees thet 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 wal"e notice of any cihenge. extension of time. alterations or additions to the terms of the Agreement or to the Work. The Surety hereby agrees that modificetions and changes may be mede in the terms and provisions of the Agreement without notice to Surety, end any such modifications or chenges increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond In alike amount, such increase, however. not to exceed +012065754154 AEROSPACE DIST (SEA) 373 P06 JUL 18 '97 10:37 twenty-five percent (25%) of the original amount of this bond without the consent of the Surety. Within forty-flve (45) days of receiving notice that the PrincipII has defaulted on III or pin of the terms of the Agreement. the Surety shall make a written commitment to the City that it will either: la) cure the default itself within a reasonable time period. or Ib tender to the City. the amount neC888ary for the City to remady the default. including legal fees incurred by the City. Or 0 in the event that SuretY's evaluation of the dispute is not complete or in the event the Surety disputes the City's elaim of default. the SuretY shall notify the City of ita finding and ita Intent. if any. to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it hes elected. Should Surety elect option la) to cure the default, the penal Bum of the Bond shall be reduced in an amount equal to the co... actually incurred by the Surety in curing the default. If the Surety elects option Ib). then upon completion of the necessary work. the City shall notify the Surety of ita actual costa. The City shell 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 Panies agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration and Mediation I"USA8IM"). The Parties shall proportionately share in the COlt 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 ~ day of July .1992. CORPORATE SEAL OF PRINCIPAL: AEROSPACE DISTRIBUTORS Pierre L. Pinsonnault 81 Sheryl L. Pinsonnault By: am of (kNf/C (Title) By: x1/Lo. / ~~ Name 6i Person Executing Bond Its: rYuJ/1//Z / ¿"/J/'4/ ITitle)! Its: 1051 Industry Drive Seattle. WA 98188-4803 (253) 575-4696 -2- CORPORATE SEAL OF SURETY: Victoria B. McBride Name of Person Executing Bond q72~ Third Ave. NE Sui te 602 Seattle, WA 98115 Address (206) 525-8201 Phone BOND NUMBER: 4403635 APPROVED AS TO FORM: ~~~ LONDI K. LINDELL, CITY ATTORNEY f/ CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond; that , who signed the said bond on behalf of the Principal, was of the said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed. sealed. and attested for and in behalf of said Corporation by authority of its governing body. Refer to attached Power of Attorney Secretary or Assistant Secretary c,\PAMSYS\DDCUMENnBlD97 01.60\PEAFMAlN.AGT MIs No. BlD97.0160 - ¡If'-~ POWER OF ATTORNEY OF ....DEMNITY COMPANY OF CALIFOR..,A AND DEVELOPERS INSURANCE COMPANY p.o. BOX 19725, IRVINE, CA 92713. (714) 263-3300 N~ 2) 1 a 8 6 9 NOTICE' ,. All pow", and authonty he..in g,anted shall in any event terminate on the 31 st day el Me",h. 1 ggg, 2. This Pewe' el Attemey is void" alte,"" or" any port",n Is e<ased. 3, This Pow... 01 Attorney is void unless the seal is readable, the texl is in brown ink. the signatu..s are in blue ink and this netice is in red ink. 4, This Pew... el Attorney sheuld net be ,",umed Ie the Attemey(s)-In-Fact. but should nomaln a po..".nent part 01 the ebllg..'s <acords. KNOW All MEN BY THESE PRESENTS. that except as exptOaSly limited. INDEMNITY COMPANY OF CAUFORNIA and DEVELOPERS INSURANCE COMPANY. do Bach severally, but not jointly. hereby make, constitute and appoint "'VICTORIA B, McBRIDE, KATHIE L. WIEGERS, HEIDI FELDER, JOINTLY OR SEVERALLY'" the true and lawful Attomey(s)-In-Fact. to make, execute, dellv... and acknowledge. fer and on behall el said corporations as su,",ias, bonds, undertakings and centracts of sun>tyship in an amounl nol exceeding Two Million Five Hundred Thcusand Dcll... ($2,500,000) in any "ngle undertaking; giving and grant"g unte said Attomey(s)-In-Fact full POW'" and sutholity te do and te perle"" every act necessa'}', requisite « proper te be done in connection therewith as each el said corporations could dc, but ..serving te each el said corporations full pow", of subslitutien and ,"vccation; and all el the acts of said Attorney(s)-In-Fscl. pu,"uant to these ",esenlS, ",e h...eby ratified and confi""ed. This Power 01 Attomey is granted and is signed by facsimile under and by autherity el Ihe lellewlng ...elutiens adepted by the ...pective Board el Directers 01 INDEMNITY COMPANY 01' CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effactlve as el Septembe, 24, 1986, RESOLVED, thet the Chal""an el the Board, the P...ident and any Vice P..sidenl el lhe cerporatien be, and that Bach of Ihem h....by i., suthonzed te execute Pew"," el Attomey, qualifying the attorney!s) named in the Powers of Attomey te execute, en behall 01 the co'po..tion, bonds, undertakings and centracts of suretyship; and that the See..,a'}' e' any Assistant See,",a'}' 01 the corporation be, and Bach el them h....by is, authorized to attest the execution el any such Pow... el Attemey; RESOLVEO, FURTHER. thaI the signslu..s 01 such efftc"," may be affixed te any such Powe, el Attorney or te any certificate ,"Iating Ihe,",e by facsimile. and any such Pewer el Attorney er certificate bearing such lacsimilo signatu... shall be valid and binding upon the ce_atien when so affixed and in the Mu.. with respect to any bond. undertaking «centracl of sun>tyship to which it is altached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CAUFORNIA and OEVELOPERS INSURANCE COMPANY heve severally caused these ",",,""IS te be signed by thei, ,"spective P...idenls and attested by their ..spective Sec..laries this 14th day 01 June, 1 995. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By ATTEST Ak...~ By Ak~ Wait... Crowell Sec,,'a'}' By Sec..tary STATE OF CALIFORNIA ) )SS, ) COUNTY OF ORANGE On June 14, 1995. belo.. me, C.V. Brink. personally appeared Dante F Vincenti. Jr. and Walter Crowell, personelly known te me «<proved to me en the basis el satislacte'}' evidence) to be the person(s) whese name(s) is/are subscribed te the within instrumenl and acknewledged te me that he/shalthey exaculed the same in hislherriheir authorized capacity(i..), and thai by hislherriheir signature(s) on the instrumenl the person(s), or the entity upon behall el which the po..on(s) acted, executed the instrument WITNESS my hand and efficial seal. Signatu.. ~ CERTIFICATE The undersigned, as Senior Vice P...idenl 01 INDEMNITY COMPANY OF CAUFORNIA. and Senior Y<:a P...idenl el DEVELOPERS INSURANCE COMPANY, does he..by certify thai the leregeing and attached Pow... 01 Attomey ..mains in full le",a and has not been ..voked; and furtherme.., that the provisions 01 Iha ..solutions el the ..spactiva Boalds el Oirecte.. el said corporations sel forth in the Power el Attomey, a.. in force as el the data 01 this Certificate, This Certificale is executed in Ihe City el ilVine. Calilomia. Ihis 25tl-¡'ayel Jul~' , 199~, IINDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By -/.. (õ ð;;;-M l.C, Fiebiger Senior Vica P..sident -/.. (1! ~ Senic< Vice P...ident 10-310 REV. (2/96)