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AG 95-018 q To: )( aJ-e# Lan ea.:S L CITY OF FEDERAL WAY LAW DEPARTMENT REI¡JUEST FOR CONTRACT PREPARATION/DoCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING OEPT./O'V.: -p~~\\C WC'\r~~ I- ~,\r~ets 2. ORIGINATING STAFF PERSON: (~ I c,.1".(c..c; t-è,....-- EXT: 4121 3. OATE REQ. Bv: ~ I\\: 4. TVPE eF DOCUMENT REQUESTEe {CHECK eNE}: D PRDFESSIDNAL SERVICES ASREEMENT L MAINTENANcE/LABDR ASREEMENT U PUBLIC WDRKB CDNTRACT [J SMALL PUBLIC WDRKS CDNTRACT ""B 'HAH OZS,CCCI ~ ,,~~~, ~ ,.,.., A.mM'H' A P'B"M^,H BCHC, BB'.HM'H' c, ruHCB 'H L'.U C, BCHCI D CDNTRACTeR SELECTIDN eDCUMENT I..... RFB. RFP, RF., IMmBOALB, SUP.L"., EOU'.M'H" D CDNTRACT AMENCMENT D EABEMENT D eTHER AG#: L PURCHASE ASREEMENT D REAL ESTATE PURCHABE & SALES ASREEMENT 5. PROJECT NAME: -::r A- foQ~ ¡.J D 1Z-\ "Lt.JÅÝ .4 f' f' 1l..D<\c..-H 6. NAME OF CONTRACTOR: 11( CaNST' L-o- , ¡Me... (11, I< E:: j4(o.ß.5o^, ') 2o_~ ./ ADDRESS: .-- - :5"/0 D Ke-<' '78'01:"1 PHeNE: / TVPE eF PERSON eR ENTITV (CHECK eNE): U INCIVICUAL D PARTNERSHIP fc~~~:R:c;,~~ETeRBHIP STATE: tJ 11 TAX ID#¡SS#: SIGNATURE NAME: TITLE: 7. ScOPE OF WORK: ATTACH EXHIBIT A - A ceMPLETE AND eETAILED DESCRIPTleN eF THE BERVICEB eR BcePE eF WORK, INCLUDING CeMPLETIeN DATES FeR EACH PHASE eF WORK AND LeCATleN eF WORK. B. TERM: CeMMENcEMENT OATE: --..-- CeMPLETleN OATE: 9. TOTAL COMPENSATION: $ '" CALOULmc CH HCUB" LABCB CHAB.' . mACH 'CH<cu,n CF 'H.,cnn mm AHD HDUB" RAmi REIMBURSABLE EXPENSES: DYES DND IF VES, MAXIMUM DeLLAR AMeUNT: $ ------ 15 SALES TAX OWED? DYES D ND IF VES, PAID SV: D CDNTRACTeR DCITV 10. SELEcTleN PReCESS USED 'CHECK oNE): D RE<OUEST FOR BICS RE<OUEST FDR PRDPDBALS U RE<OUEST FOR QUDTEB D RE<OUEST FOR QUALIFOCATIDNS D ARCHITECT & ENGINEER LIST D SMALL WDRKS RDSTER C RISK MANAGEMENT ~ ApPReVED s- -- /,//.q ~ " 1 1. CONTRACT REVIEW ~LL CDNTRACTS' ,^" CCH'BAC," <xc.., AM'HCM'H'B, CCH'BAC'CB .mC,"CH CCCUM'H" 0 PURCHASINg u W DEPARTMENT .r;; 12. CONTR CT SIGNATURE ROUTING ~ :n ANAGER . Ò CITY CLERK U S,"NED COpy BACK TD DRY'A"ATINS CEPT. e ASSIGNED AG # qs - f't COMMENTS ---- WHITE. CB'.'H^, mYB W"H CCH'BAC', CANABY' LAW C.n, P"K' LAW C.n, .CLCENRCC. CB'",HAY'H. BmF LC"Z ,... .,.., A6 Cfj-/ó Applicant: 4R Construction Co., Inc. Project: Campus Highlands Property Address: 945 S.W. 347th St. Federal Way, WA Bond #: Permit#: ROW 95-0013 Bond Amount: $1,642.00 Cash Deposit Amount: $100.00 347439th PI. S.W. Federal Way, WA CITY OF FEDERAL WAY AGREEMENT AND PERFORMANCE/MAINTENANCE BOND THIS AGREEMENT ("Agreement") is dated effective this 10th day of January, 1995. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City") and 4R Construction Co., Inc, a Washington corporation ("Applicant"). A. The Applicant is required to perform certain work andfor complete certain improvements, including the installation of driveway approaches for property located at the above referenced addresses 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 146 through 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 . ImDrovements. Applicant shall construct all improvE!ments 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. ComDletion 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. PerformancefMaintenance 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 portion of the Bond equal to thirty percent (30%) of the original penal sum shall remain in full force and effect for twò (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. Rioht to ComDlete 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 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 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. 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 -2- 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. By: P.O. Box 5100 Kent, WA 98064 (206) 947-3214 CITY OF FEDERAL WAY By: "Kenneth E. Nyberg, City Manager 33530 1 st Way South Federal Way, WA 98003 ¡' Ci Y Clerk, Maureen M. Swaney, CMC APPROVED AS TO FORM: K,IPUBWORKI4RCon.".AMB "'0/95 -3- EXHIBIT A BOND NO. 22-RN5-638492-10377 CITY OF FEDERAL WAY PERFORMANCE/MAINTENANCE BOND KNOW All PEOPLE BY THESE PRESENTS: We, the undersigned, 4R Construction Co., Inc., a Washington corporation, ("Principal") and AAA Insurance & Bonding" the undersigned corporation organized and existing under the laws of the State of Washington, 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 One Thousand Six Hundred Forty-two and nof100 Dollars ($1,642.001 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 install driveway approaches for property located at 945 S.W. 347th St., Federal Way, Washington and at 347439th PI. S.W., Federal Way, Washington. 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 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 17thdayof JANUARY ,19~. CORPORATE SEAL OF PRINCIPAL: 4R CONSTRUCTION CO., INC. By, ;¿(17~ - Its: ~.....-3 (Title) P.O. Box 5100 Kent, WA 98064 (206) 947-3214 -2- CORPORATE SEAL OF SURETY: AAA INSURANCE & BONDING Surety By: Daniel A. Welch Attorney-in-Fact (Attach Power of Attorney) .kL~ ~ 'v-2c- (Name of Person Executing Bond) AAA INSURANCE & BONDING P.O. BOX 6318 (Address) FEDERAL WAY, WA. 98063 (Phone) (206) "838-5220 APPROVED AS TO FORM: /.~~ ~K. LINDELL, CITY ATTORNEY CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) SÐfretary of the Corporation named as Principal in the within bond; that }IJ,¡<,f.. -:s4Cðß:>M-J who signed the said bond on behalf of the Principal, was T3ÞFS. 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 bod K,'FORMS'PEAfMAIN.8ND RBV. 09.31>94 -3- EXHIBIT B PARTIAL RELEASE OF BOND # The undersigned hereby acknowledges that a portion of the conditions of the Agreement and PerformancefMaintenance Bond for Campus Highlands, Permit No. ROW 95-0013 have been satisfied and hereby authorizes the release of an amount equal to One Thousand One Hundred Forty-Nine and no/100 Dollars ($1,149.00). The remaining funds equalling 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 ,19_. CITY OF FEDERAL WAY By: (Name, -r:itle) 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 PerformancefMaintenance Bond for Campus Highlands, Permit No. ROW 95-0013 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 Four Hundred Ninety-Three and no/100 Dollars ($493.00). DATED this - day of ,19_. CITY OF FEDERAL WAY By: (Name, Title) HARTFORD FIRE INSURANCE COMPANY HBrtfC"" Conne<:ticu1 POWER OF ATTORNEY Kncw all men by these Presents, That the HARTFORD FIRE INSURANCE COMPANY, a corporation duly crganized under the laws cf the Stale cf Connecticut, and having its principal office In the City of Hartford, Ccunty of Hartfcrd, Slate ot Ccnnecticut, does hereby make, constitute and appoint DA VIEL A. WELCH, DA VID A JVIITA aDd CLEMENCE A. 0' NEAL of FEDERAL WAr, WASHINGTON its true and lawful AttorneYls}.in.Fact, with full power and authority to each of said Attorney(s}.in.Fact, In their separate capacity n more than one is named above, tc sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature therecf on behalf of fhe Company in its business of guaranteeing the fidelity cf perscns holding places cf public or private trust: guaranteeing the pertormance of ccntracts other than insurance policies; guaranteeing the pertormance of Insurance contracts where surety bonds are accepted by states and mumcipalities, and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, in penalties not exceeding the sum ofrwo HUNDRED PInT THOUSAND DOLLARS ($250,000,00) each. """"""""""""""""""""""""""""""""""""""""""""""""""............................................. and to bind the HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer cf the HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one cther cf such Officers, and hereby ratifies and confirms all that its said Attorney(s).in.Fact may do in pursuance herecf This power of attorney is granled by and under authority of the following prcvlsions. 1'} By-Laws adcpted by the Stockholders cf the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 9th day cf March, 1971, AATICLE IV SECTION 8 The P""deo! oe ,cy Vi"-p,,,ldecI, zoticg with 'cy Se"eta,"! oe "'i'tac: Se",!&y, ,",II h", pow" zoO ,uthoriry 10 "00'"1, loe purpo""oclyof"eouticg""d """"gbOc"""d uoOerta.<mg' zcd u1h"writicg' obllg"O,"! ic the c,,",e Ihe'eot, 0", oemo" Ae"dectV"""P""den", A"ident "'"Iaot Seo""c" ""d Anomey,-ic-Fzot ,nd " ,cy 'me" "mo" ""y ,uoh AeSideo! Vi".P",""" AeSideo! A"""o! Seo"ta'"! oe Attomey-M,O!, ""d "voke the pow" znd ""oori,"! gim " h'm. SECTION". Attomey,-ic-F,ot ,hzll he" pow" ,cd '"thocry, ,ubleclto 'he te~, znd hm""ooc, 01 lhe pow" ot ,tt,,",y '..ced 10 them," exeoute ""d del",r oc behelt 01 the Comp,cy ,cd" eltzoh the ,..1 01 the Comp,cy the"" 'cy znd ~I bOc", ""d ucde""'ucg', zoO u1h" wcticg' ool'g"""! 'c ti1e naw" ."eol, zoO ,cy ,"Oh ,c'lNmenl execuled by zny ,"oh Attomey.in.Faot ,nzll be " binding coon the Com"ny " if "~geed by zc ',ecuti" OI""r ,nO "~ed znd ztt"ted by oce off>" ot 'uoh OtflÅ“~ This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Directcrs cf the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 12th day cf February, 1993. A"olved, ff>zt the Signzture, ot ",n Office" zoO <he "'" 01 the Com"ny mzy be ,ff;,'" <0 'ny '"'" pow" of ,"ome, or" ,ny "rt;I;""" relzlong Ih"e<o Py "",m,le, ,cd 'ny MC power ot "'mey " "",,;"" "'Zcc, ,"ch 1,~'m,1e Sigcztur" "t",;mile"~ "'" be v"'d ,cd bmd,c, upoc the Comp'cy 'CO ""y 'u'" oow" " "edUI" ,cd "rtHoed by '""mile ,;gczture, 'cd "~;mtle ,," ,h," be '~id znd b,ndm, upon :he Com"ny ,n the luture Mff> ""eo! <0 zny bOnd" u""e",,,c, <0 w"ooh ;t " zn"hed. In WItness Whereof, the HARTFORD FIRE INSURANCE COMPANY has caused these presents fo be signed by Its Vice.President, and its corporate seal to be hereto affixed, duly attested by its Secretary, this 19th day of January, 1994, Attest: ~¿)Æ ~ HARTFORD FIRE INSURANCE COMPANY R;,h"d R. HermzrtSQn Sec",.,,! ~.~~ STATE OF CONNECTICUT ¡ " COUNTY OF HARTFORD ( On this 19th day of January, A,D. 1 994, before me personally came Robert N, H, Sener, to me known, who being by me duly sworn, did depose and say: that he resides in the County 01 Hartford, State of Ccnnecticut: that he is the Vice-President 01 the HARTFORD FIRE INSURANCE COMPANY, the corpcration described in and which executed the above Instrument: that he knows the seal cf the said corporaticn; that the seal affixed to the said instrument is such corpcrate seal; that it was sc affixed by order of the Board of Directors ot said corporation and that he signed his name fhereto by like order. Aobert N. H. Secer Vice.Pre,".m STATE OF CONNECTICUT ¡ " COUNTY OF HARTFORD ~ "CD., ~ ~#.~~ Nor." Pub'" My Comm",~n E><p;re, Mzroh 31. 1999 CERTIFICATE I, the undersigned, Assistant Secretary cf the HARTFORD FIRE INSURANCE COMPANY, a Ccnnectlcut Corporaticn, DO HEREBY CERTIFY that the fcregcing and attached POWER OF ATTORNEY remains in full force and has not been revcked; and furthermore, that the Resolutions of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed at the City of Hartford. Dated the day of 19 Fo= 5-3507-8 (HF) Pricted;c U.S,A Ç}J 1Ir- D'"d A. JohrtSQn """'nl Seore",,!