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AG 02-033 ~:()2- I D1Tß~rJ~- I T°J)¡ rff,jl)(/ Lt A/{tI5;{U -1M kJWJ cyra+fa (pi} tL-- 'i ll1 ID<-. CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. 2. 4. 5. 6. 7. 8. 9. 10. 11. ORIGINATING DEPT.IDIV: PW /J)¿Aj~j oDmrJ] {~, ~f.rLl { Cf4./ f I ORIGINATING STAFF PERSON: k'J1ì15;~á.iflUtU ß,./ EXT: ~/3L 3. DATE REQ. BY: TYPE OF DOCUMENT REQUESTED (CHECK ONE) 0 PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE/LABOR AGREEMENT 0 PUBLIC WORKS CONTRACT 0 SMALL PUBLIC WORKS CONTRACT )( SECURITY DOCUMENT (E.G. AGREEMENT & PERFIMAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) 0 CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) 0 CONTRACT AMENDMENT 0 CDBG 0 OTHER AG#: (LESS THAN $200,000) 0 PURCHASE AGREEMENT) (MATERIALS, SUPPLIES, EQUIPMENT) 0 REAL ESTATE DOCUMENT RrmLf-4F(){ -/0 !(jI:j;¿-()OO '00 -{'O TELEPHONE TITLE <' ':{aUr£ 1L.f.1/ JAf' ' 1'?t j ATTACH ALL EXHIBITS AND CHECK BOXES 0 SCOPE OF SERVICES 0 ALL EXHIBITS REFERENCED IN DOCUMENT 0 INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE TERM: COMMENCEMENT DATE: COMPLETION DATE: TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE, ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOUDA Y RATES) REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CfT CONTRACT REVIEW 0 PROJECT MANAGER 0 DIRECTOR 0 RISK MANAGEMENT 0 LAW fJrft. 1111C¡!O2 ftr 5¡tíjYl£Llw'¡,{, M'l re.d'&â tlqUI/L[1".t. 1-/ 7 fZ- CONTfACT SIGNATURE ROUTING INITIALIDATE APPROVED ~. ~ :;~~~Ié ~t; I ~î q/N/: ~~£' CITY CLERK 10 U tit-IV J/f;l-lO::f-, ~ SIGN COpy BACK TO ORGINZf'fJd DEPT. -u,- 2- ASSIGNED AG# D:J. - 0'3:3 0 PURCHASING: PLEASE CHARGE TO: INITIALIDATE APPROVED INITIAUDATE APPROVED INITIALIDATE APPROVED ~<::,~ ~~~ \\,,'b(\ (J)C 04/04/02 ':"--' ".\\..' ~ ~ 'f ~<:)'"' <u... ~ \ ~~ ~ ':'~r" AG1fC>~-O~3 Applicant: Quadrant Corporation Project: Delta Society Building Property Address: Weyerhauser Way S Federal Way, W A 98003 Bond #: 6123696 Pennit#: 01-10l632-000-00-CO Bond Amount: $519,189.60 CashDepositAmount: $12,979.74 CITY OF FEDERAL WAY AGREEMENT AND PERFORMANCE~AINTENANCEBOND THIS AGREEMENT ("Agreement") is dated effective this L gty of ~ ' 2002. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City") and Quadrant Corporation, a Washington corporation ("Applicant"). A. The Applicant is required to perfonn certain work and/or complete certain improvements, including construction of two office building sites, including clearing, grading, frontage improvements and stonn water facilities at the above referenced address located in Federal Way, Washington in cOImection with Applicant's Land Use Application under the above-referenced pennit 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 detennined 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 o~ granting the Permit. NOW, TIfEREFORE, the Parties agree as follows: I. hnprovements. Applicant shall construct all improvements and perfonn 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. PerfonnancelMaintenance Bond. Applicant shall deliver the fully executed PerformancelMaintenance 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. (c~[P11 ß 4. Release of Bond. If the Principal constructs the improvements in accordance with the tenns of the Bond, the Pennit 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 perfonnance 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. Right to Complete Work. In the event the Applicant fails to perfonn the Work, the City may, but in no event is it obligated to, request the disbursement of the Bond from the surety and perfonn 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 perfonning 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 ITom any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) arising ITom, resulting, or connected with this Agreement and the Bond, including without limitation, the City's perfonnance 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 ITom 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 fonn 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. Anyprovisionpfthis 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 inure to the benefit of the Parties' successors in interest. Time is ofthe essence. QUADRANT CORPORATION ,,'. ( .. ", ,," \. By: ~~J~Q~ , , Its: ~ Vicki A. Merrick Assist. Corporate Secretary 1110 I 12th Avenue NE, Suite 300 Bellevue, W A 98009 ( .) i,l, ,) , , CITY OF FEDERAL WAY By: City Manager 33530 1st Way South POBox 9718 Federal Way, Washington 98063-9718 Its: ~~~~ APPROVED AS TO FORM: fg-i,~.fr Bob C. Sterbank, City' Attorney STATEOFWASHINGTON) ) ss. COUNTY OF King ) Vicki Merrick Asst. On this day personally appeared before me ßl:w~1tO.ß\ to me known to be the Corporate Secretary of Quadrant Corporation that executed the foregoing instrument, and acknowledged the said instrument to be the ITee 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 ~ clay of ~~~\lmunl1/ll!l~ ~o~~,~'ß.OoS'.~~ ?-' ION Ä" ,-:" """'" ~ . ~. f!f !u NØ'WIY ..:\ E . , ~ i _8- : s ...~\ r~ !~!i: ~'f~.!o.15.ct.:if; ,CO' øi:'wÃ,-- U\ll\\~ ~ ~ 71 ~ LlYR. .. I. R ù '5 f> (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires 10-15 -() '-I ,2002. ¡,'<sdcldocslsa",\41539516.do< O,\LA WFORMSIA.,..,.,.",t&Pmo"""",'M'mteoan"Bond Rev. 01-31-02 Bond # 6123696 EXHIBIT A Project: Delta Society Bldg. Permit #:01-1O1632-QO-CO CITY OF FEDERAL WAY PERFORMANCE/MAINTENANCE BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned Quadrant Corooration, as principal ("Principal"), and ~ the undersigned corporation organized and existing under the laws of the State of Washlnaton. 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") in the penal sum of Five Hundred Nineteen Thousand, One Hundred Eighty Nine and 60/100 Dollars ($519,189.60) 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 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 Construct two office buildino sites. Includlno clearlno. oradlno. frontaoe Imorovements and storm water facilities. 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, ag~nts, 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 acceptance 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 that 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 /1, 'H1 day of ~e .200..2-: CORPORATE SEAL OF PRINOPAL: QUADRANT CORPORATION By: ~A.1h~ CLAIRE S.c§RACE, SECRETARY Name of Person Executing Bond Its: CorporateSèc~etary Quadrant Corporation P.O. Box 130 Bellevue, WA 98009 (425)-455-2900 CORPORATE SEAL OF SURETY: Surety By: ~1l / .. OOL-- Attorney-in-Fact (Attach Power of Attorney) Allison J. Norr Name of Person Executing Bond Safeca Insurance 10915 Willows Rd., Bldg. F, Fl. 3 Redmond, WA 98052 (253)-924-5209 BOND NUMBER: 6123696 APPROVED AS TO FORM: fl-d ~ )-h.r Bob C. Sterbank, City Attorney 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. u~ A.4tue Secretary or Assistant Secretary K:\FORMS\PERFMAlN.BND Ale No. - EXHIBIT B PARTIAL RELEASE OF BOND # 6123696 The undersigned hereby acknowledges that a portion of the conditions of the Agreement and Performance/Maintenance Bond for Delta Society Building, have been satisfied and hereby authorizes the release of an amount equal to Three Hundred Sixty-Three Thousand, Four Hundred Thirty-Three Dollars ($363,433), 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 .200_, CITY OF FEDERAL WAY By: (Name, Title) EXHIBIT C FULL RELEASE OF BOND # 6123696 TERMINATION OF UCENSE 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 Delta Society Building, 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 One-Hundred Fifty-Five Thousand, Seven Hundred Frfly-Six and (60/100) Dollars ($155,756.60). The undersigned further releases all right, title and interest granted to the undersigned by reason of a certain Ucense Agreement recorded under KIng County Recording No. ("Ucense Agreement") and acknowledges that all obligations and rights contained in the Ucense Agreement are hereby terminated. DATED this day of .20- OTY OF FEDERAL WAY By: (Name, Title) ~ S A FEe O' POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL 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. TAYLOR; JOHN W. LAMBDIN; ALLISON J. NORR; Tacoma, Washingtoo"""""""""""""""""" its true and lawful attorney(sHn-Iact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents 01 a similar character issued in the course 01 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 exeaJted and attested these presents this 16th day 01 April ,~ ..Ø? t:{ ~ ~ 'iJ fWJL ~ RA, PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By-Laws 01 SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13, - FIDELITY AND SURETY BONDS ,.. the President, any Voce President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge 01 surety operations, shall each have authority to appoint individuals as attorneys-in-Iact or under other appropriate titles with authority to exeaJte on behalf 01 the company fidelity and surety bonds and other documents 01 similar character issued by the company in the course 01 ns business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile, On any instrument conlerring such authority or on any bond or undertaking 01 the company, the seal, or a lacsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity 01 any such instrument or undertaking." Extract from a Resolution 01 the Board 01 Directors of SAFECO INSURANCE COMPANY OF AMERICA and 01 GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970, "On any certificete executed by the Secretary or an assistant secretary 01 the Company setting out, (i) The provisions 01 Article V, Section 13 01 the By-Laws, and (Ii) A copy 01 the power-ol-attomey appointment, executed pursuant thereto, and (Iii) Certifying that said power-ol.attomey appointment is in full force and effect, the signature 01 the certifying officer may be by lacsimile, and the seal 01 the Company may be a facsimile thereol." I, RA. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and 01 GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts 01 the By-Laws and of a Resolution 01 the Board 01 Directors 01 these corporations, and 01 a Power 01 Attomey issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power 01 Attorney are still in full force and effect, IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal 01 said corporation this s'h-.. day 01 ~ , ¿..ðO I . ..Ø? t:{ ~ ~ R.A. PIERSON, SECRETARY S'{)974/SAEF 7/98 fi Registered trademark of SAFECO Corporation, 4/16/99 PDF FILED FOR RECORD AT REQUEST OF: MAIL TO: CITY OF FEDERAL WAY PO BOX 9718 FEDERAL WAY, WA 98063-9718 ATTN: KIM SCATTARELLA EXHIBIT D LICENSE The undersigned owner of certain real property located in Federal Way, Washington and legally described as follows: TAX PARCEL NO: 152104-9005 THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF THE EASTERLY MARGIN OF 32ND DRIVE SOUTH AND SOUTHERLY OF THE SOUTHERLY MARGIN OF SOUTH 320TH STREET, TOGETHER WITH THAT PORTION OF THE NORTH 200 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF THE EASTERLY MARGIN OF 32ND DRIVE SOUTH; EXCEPT THE EAST 165 FEET THEREOF. ("Property") hereby grants an irrevocable license to the City of Federal Way ("City") 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 undersigned and incorporated herein by this reference. ~ DATED this5 day of, 2001. ~çr. (J.f'-\. (Sig~ Qv,,-J~J- Carfðr'tk¡ ) ) 55. COUNTY OF KING ) On this day personally appeared before me ß hJ.r to me known to be the PbrJ'bt~r:;;of the corporation that executed the foregoing Ucense, and ac owl g 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 ~I this 1;-Ih day of 4/}¡;;¡~fÍ.¿IJ qi~ =I¥l¿~ature) J¡111! ~ (typed/printed name of notary) STATE OF WASHINGTON Notary Public in and for the Sta~ of f,¿ashington. My commission expires 7 ( '3 / K:\forms\perfmain.agt Revised: 01-28-97 .2O_. JUNE M KILLMER NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES JULY 1. 2003