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AG 03-014 DÄfE IN: \ ~~t\b~ I TO: ~ 1 ~ Æ'L ()V'XYL{ CITY OF FEDERAL WAY d~w DEPARTMENT REQUEST FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP I. 2, 4, 5, 6, 8, 9, 10, II. ORIGINATING DEPTJDIV: f Lù /-QT ORIGINATING STAFF PERSON ~ I~ EXT: TYPE OF DOCUMENT REQUESTED (CHECK ONE) 0 PROFESSIONAL SERVICE AGREEMENT n MAINTENANCE/LABOR AGREEMENT 0 PUBLIC WORKS CONTRACT 0 SMALL PUBLIC WORKS CONTRACT (LESS TlI^N "00,000) 0 PURCHASE AGREEMENT) (MATERIALS, SUPPLIES, EQUIPMENT) '--,--- '¿¡ld-l 3, DATE REQ, BY: ~---~ ¥'SECURITY DOCUMENT (EG AGREEMENT & L"fRFiM'AINRmJD ASSIGNMENT OF FIINDS IN Llt'li nr IION[), CON~ELECTION DOCUMENT (E(;,"m,RFI',RIQI CONTRACT AMENDMENT CDBG " OTHER AG~, ---~---- 0 REAL ESTATE DOCUMENT PROJECT NAME <..ew_--~-!I.--1i.-w- 1- .()~ JìÌLLruJ]-------- NAME OF CONTRACTOR C~~~ ~ ADDRESS: ~'6..Jt1h.L?L. "IF -, f.ni. ,0 U LV TELEPHONE àQ? 7R',f-(t£1L) SIGNATURE NAME: ~~- '-' TITLE f'Vl4.i,.,¿~- ATTACH ALL EXHIBITS AND CHECK BOXES SCOPL 01 SERVICES Li ALL EXHIBITS REFERENCUJ IN DOUlMI, I 0 INSURANCE CERTIFICATL L1 DOCUMINT AUTHORIZING SI(;NAILJIŒ COMPLETION DATE:____-- TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LAHOR CIIA[(C,[:AITÃClI SCIIEDULESOF EMPLOYEES TITLES AND HOUDA Y RATES) REIMBURSABLE EXPENSE: [j YES 'J NO IF YES, MAXIMUM DOLLAR AMOUNT: $ ---- IS SALES TAX OWED 'lYES :JNOIFYFS,$___- PAID BY: CONTRACTOR 01 INITIAL/DATE APPROVED --,-,---~- v --~- CONTRACT REVIEW ) f'; PROJECT MANAGER I 7h.!J ß DIRECTOR 1 1.11 Iv -' [l RI~K HAtI/.8EMEI<fF iji'LAW P ~~~J Ijd:lb?J CONTRACT SIGNATURE ROUTING I{!"LAW DEPARTMENT ~ CITY MANAGER ~\\.),b'>J l' CITY CLERK n SinN ropy BACK TO GRCI!~ATI!;G DEPT ,~ ~;~~~~'i~~!~# PL~~G[ TO, ~-~-,-- CO;;;~U -¡. M5 f---Jl~!I_d"Y¿~' "LC-<J"'I~~re----(/¡v1tL;"i TERM: COMMENCEMENT DATE: ~i\t)Ï) Ul \ ------- ~------- INITIAL/DATE APPROVED ,------'-- ~------ ---~-'-- -:U.-o:J ~"--'-- Po,,) -~- --'-- , 0Rt1JtN1Q 10109/02 AG#()'3~O/'f Applicant: Cary Lang Construction Project: Lots 3, 4, H & G L'Origan Manor Property Address: 8th Ave SW Federal Way, WA 98003 Bond #: 8595148 Permit#: 03-100221-000-00-0P Bond Amount: $3,800.00 Cash Deposit Amount: $190.00 CITY OF FEDERAL WAY AGREEMENT AND PERFORMANCE/MAINTENANCE BOND TIllS AGREEMENT ("Agreement") is dated effective this).l day of ::r ~ , 2003, The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City") and Cary Lang Construction, a Washington corporation ("Apphcant"), A. The Applicant is requíred to perfonn certain work and/or complete certain improvements, including ftontage improvement, remove existing curb, gutter, sidewalk, replace with four driveway approaches & stonn drain connections 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 Apphcant 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 accordauce with the Plans as a condition of granting the Permit. NOW, TIlEREFORE, the Parties agree as follows: I, [muroyements, Apphcant 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 [mal inspection, or such longer period as required by the FWCC or other apphcable law, rule or regulatiou, 2, CollIDletion 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 fonn 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, 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 rednced 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 ORIGINAL guarantee against defective materials and workmanship in the construction of the improvements and to insure continued maintenance of the improyements, 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. Right 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 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 yolunteers 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 tills 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, General Provisions, This Agreement may not be amended except by writteu 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 inure to the benefit of the Parties' successors in interest. Time is of the essence, CARY LANG C~STRUC, TION ( !- ¿...- - L:- By: - ~ Cary Lang Its: ~- Presi&ent 34618 11TH Place S Federal Way, Washington 98003 (253) 661-6880 I, \csdc\docs\save\4118555076,doc By: Da H, Mos ley, City Manager 33 30 1st Way South PO Box 9718 Federal Way, Washington 98063-9 8 ÎJ ~lç¡1~ ( A.Å City Clerk, N, Chnstme Green, MC APPROVED AS TO FORM: ~~lÀ~l~~ ~~j;Jy STATE OF WASHINGTON) ~ )ss, COUNTY 0 ) On this day personal y appeared before me Cary Lang, to me known to be the President of Cory Lang Construction that executed the foregoing instrument, and acknowledged Ihe 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/"¡'" 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 l.c ~ ,20Q3 (typed/printed name of notary) Notary Public in and for the tate My conunission expires \ l 1:\csdc\docs\saye\4118555076,doc G: \LA WFO RM S\Agreemen I&Perfonnan ce M aintenan ce Bond Rev 12/02 ',- ~,~ L, Martin 1:\csdc\docs\save\4118555076,doc Bond # 8595148 EXHIBIT A Project: Lots 3, 4, G & H L'Origan Manor Permit #: 03-100221-000-00-0P CITY OF FEDERAL WAY PERFORMANCEIMAINTENANCE BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned Cary Lang Construction, ("Principal") and Indemnity of California, the undersigned corporation organized and existing under the laws of the State of California and legally doing business in the State of Washington as a surety ("Surety"), are held and finnly bound unto the City of Federal Way, a Washington municipal corporation, ("City") in the penal sum of Three Thousand Eight Hundred Dollars and no/100 ($3,800,00) for the payment of which they firllÙY bind themselves and their legal representatives, successors and assigns, jointly and severally, This obligation is entered into 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 remove existing curb, gutter, sidewalk, replace with four driveway approaches & storm drain tie-ins, 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 hannless 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 harllÙess 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; bul 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 tenns 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 waiye 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 tenns 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 (aJ to cure the default, the penal sum of the Bond shall be reduced in an I: \csdc\docs\save\4118555076,doc 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 cosl oflhe mediation. The medialion 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, DA TED this~ day of JA-t-J ,2003. CORPORATE SEAL OF PRINCIPAL: By: CARY J.?NG CONSTRUCTION é-- ø,..... C--- ¡tL- Cary Lang Its: ~ Presfdent 34618 11TH Place S Federal Way, Washington 98003 (253) 661-6880 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 Cary Lang, who signed the said bond on behalf of the Principal, was President 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, J-G- CORPORATE SEAL OF SURETY: Surety By: ~e£1f (Attach Power of Attorney) :¿d'Wr íJ ¡)A-f-I&lA¡!:1 (Name of Person Executing Bond) Po. lJðl<. It),) /~oJJ (.NI/- q !G-Í7 (Address) 1:\csdc\docs\save\4 I 18555076,doc '-(2í.nfe, --'tJ'Z..'--/ (Phone) APPROVED AS TO FORM: G: \La w F arms \P erformanceM aintenanceB and Rev, 12/02 1:\csdc\docs\save\4118SSS076,doc POWER OF ATIORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623. (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, thai excepl as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitule and appoin" ***Lela M. Hunt, Robert D. Davenport, Scott K. Humble, jointly or severally*** as their lrue and lawful Altomey(s)-in-Fact, 10 make, execute, deliver and acknowledge, fm and on behalf of said corporations, ., suleties, bonds, undenakings and comracls of suretyship giving and granting unto said Altomey(s)-in-Fact full power and authorily to do and to perform every act necessary, requisite m propel 10 be done in conneelion thCtewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocal;on, and all of tbe acts of said Altomey(s)-in-Fact, pursuant to tbese presenls, are hereby ratified and confirmed, This Power of Altomey is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of D;rectors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. effective as of November 1,2000, RESOLVED, Ihat Ihe Chainnan of the Board, the Presidenl and any Vice President of the corporation be, and Ihat each of Ihem hereby is, authmized to execule Powers of Altomey, qualifying the altomey(s) named in the Powers of Altomey 10 execule, on behalf of the corporations, bonds, undenakings and contracls 01 suretyship; and thai Ihe Semlary or any Assistant Secretary of the corporat;ons be, and each of them hereby is, authmized to altest Ihe execulion of any such Power of Altomey; RESOLVED, FURTHER, that Ihe s;gnalures of such officers may be affixed 10 any such Power of Altomey or to any cenif;cate reiating thetelO by facsimile, and any such Power of Altomey or cenificotle bearing such facsimile sigmtlures shall be "lid and bind;ng upon the corpomlion when so affixed and in Ihe fulure wilh lespeCllO any bond, undenaking m conlmct of suretysh;p to which it is a!tached, IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY tmd INDEMNITY COMPANY OF CALIFORNIA have severally caused these plesenls to be signed by their lespective Executive Vice Plesident and attested by their lespeclive Secreta<y this 8'" day of JanUtny, 2(K)2, By C~~ David H, Rhodes, Execulive Vice Plesident Aku~ By, Waller A. Crowell, Secretary \~~ STATE OF CALIFORNIA ) )SS, ) COUNTY OF ORANGE On January 8, 2002, before me, Anlonio Alvarado, personally appealed David H, Rhodes and Waller A. Crowell, personally known to me (m proved to me on the basis of satisfaclory evidence) to be the persons whose names are subscribed to the within instrumenl and acknowledged to me Ihal they executed the same in Iheir authorized capac;I;", and Ihal by theit signatules on the instrument Ibe entity upon behalf of wh;ch the ner~ns acted, execu'ed the instrumenl ANTONIO ALVARADO ~ COMM, # 1300303 ~ Notary Public - California ~ ORANGE COUNTY ~ My Comm, Ex~res APRIL to, 2005 I V,"""~~ t éi ~ ~ I, CERTIFICATE The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the folegoing Power of Attomey lemains in full force and has nol been levoked, and funhermore, tha! the provisions of Ihe lesolulions of Ihe lespective BoardsofDileClors of said corpomtions sel forth in the Power of Altomey, ale in force as of the dale of this Cenificate, This Certificate is executed in the City of Irvine, California, the ;:r4- - day of /CiJ"---"-'1 , ~u.!> By o~. ~, David G, '-'me, Chief Operaling Officer ID-1380(01/02) Cost breakdown for curb remoyal and installing driveway approaches for lots 3, 4, H, G at L 'Origan Manor 4 - curb cuts @ 75,00 each remove 4 curbs @ 150,00 each Prep and pour driveway approaches at 500,00 each Sales Tax TOTAL ~~~ $300,00 $600,00 ~ $2900,00 lli..2Q. $3155.20 OO-{Lf)a:d- \ RECEIVED DEC 0 6 CITY OF FEDERAL WAY BUILDING DEPT, èu~ ~~D'~~ 0 6-- 'Cöd-~'\ 4~'ERAL ~~~~)ý DLI'AlZT,'IU'T OF ('lIlILle \\"""'" 33530 Firs( Way South PO ßox 9718 Federal Way W A 98063-9718 253-661-4000; Fax 253-661-4129 www,ei,federal-way,wa,us INFORMATION SHEET AGREEMENT & PERFORMANCE/MAINTENANCE BOND ror use if NOT paying a cash bQnd, . Administrative DeQCJsit Required, A"'¡;Œ"UCom,",,, N""'O'~ \~ ~""*""' Wc- ' Address :?~\<6 [lTÞ t S. í.u,k.;}OO ~ WYH.¡, W1!- c¡gCð~ APplicant'sTitle~ Phone:)5?-- Ú~[, Ce,,~t> Nature of Applicant's I2ntity: ~f1VcvhlÏŸ1 (e,g" Co~)oralion, General Partnership, LId Partnership, Indrvidual, ele,) Project Name: ¡; D~ V'¥'a;v\GIý - Projcct Address I.&.t ã- ~ ~ G::; ~ 1+ I ) Bond CQmpany Name::ï=\.JDC¥Y\tV\' of (í.ð.lifOÝnì;:¡, Contact:~ Address: q1 ~S 3 ~~~""-~.k~--:~\.Q:íW¡/f""ì<tll~ Phone:).jXq' 5~Ç <?1-t>\ State of Incorporation: Cc>ll-Ç[ry-rÙ;:;\ \, ( i' Nature of Bond Principal's I2ntity, e.iJÝb(/ýéPh~ (e,g" Corpor~lion, General Partnership, LId, Partnership, elc.) , ' Title of Person SigningofBehalfQ(Bond Principle: ...ßDbVf/, ~~trrt"V 51" ~ Jo;'d Prine~)~Ý( ld~r~ss' &1[' hon:: ~~.~ .~~ 't 25- "2'2Ü "2- \ .' 11':';,)!",c -,,\(',+- propcrtYOwncr'SNal11c:~_'~çJ, - __,_phone .:2Çj<.t~I.(d¥O DcscriptionOf\VO[k~ 1'...tLt~..I ~~n~~cu.r- _~......x~n~'+D ( î¡ '~'" r\, { -~~.i' " (' [(ì nCCEIVED ,J - - ---- --,---- r'r', °, ': 0 '~- \ 06C1 a- I RELATED I'EI<MIT 11:..f..\1f:3J tÇ¡~ Bond AmOlIl't:~~~'6d)- Admillistralivc Deposi!: ~ CITY OF FEDERAL WAY BUILDING DEPT, lQO-