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AG 01-131 DATE IN: I DAT~CJ'LJT' TThrltnt LtMtlS.';1 tv! Ann Dowef' CITY OF FEDERAL WAY LAW DEPARTMENT REcíU!5ST FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP .-. 1. ORIOINATINO DEPT.lDlv.: fvJ llliv'e.lvpV)i~ì\.+ XýVI (('5 E. DRIOINATINO STAFF PIpISON' Ar1 v¡ Dowe.( EXT't.J1l!2 3, DATE REG. Bv, ill 2- ï 2-DD I 4. TYPE OF DOCUMENT REGUESTEO [CHECK ONEJ: 0 P"OFEBSIONAL SE"VICE A""EEMENT 0 MAINTENANCEILABO" A""EEMENT 0 PuBLIC WO"KB CONT"ACT 0 SMALL PUBLIC WO"KB CONv..ACT 'L... THAN .8B,ooDI ~SECU"'TV OOCUMENT IE,".. AoR~ENT .. ""FIMA'N BDND, ABO_- ~ FUNDO IN Uou ~ BDN'" 0 CONT"ACTe" SELECTION OOCUM&NT 'E."., "FB, "FP, "..., 0 PU"CHABE A""EEMENT IMATOR'~, BUPDUE., E~'PM.N" 0 REAL EBTATE PU"CHABE .. SALEB A""EEMENT 0 CONmACT AMENOMENT 0 EASEMENT 0 DTHE" 0 COBB AO', 15. PRO.JECT NAME: kJVldtJ(úVv WfnlV1j (Gn+e¡S,.'Ln6. S. NAME OF CONTRACTOR' AOORESS. ~41 q U Hoyt I2d Sw TYPE OF PERSON DR ENTITY [CHECK ONEh FfljUtil w~, WAÞHONE' q '00,23 , 0 INDIVIDUAL 0 PA"TNE"BHIP 0 SOLE P"O""'ETe"BHI" STATE' DE" TAX 10018S0, ~ CO"~_TION - ~ SIONATURE NAME' TITLE' 7. SCDPE DF WORK, ATTACH ExHIBrT A . A COMPI.J!'TE AND OETAILEO OESCRIPTION OF THE SERVICES OR SCOPE OF WORK, INCLUOINO COMPLETION OATE FOR ~.. PHASE OF WORK ANO LOCATION OF WORK. B. TERM, COMMENCEMENT DATE' COMPLETION DATE' B. TOTAL CDMPENSATION $ IINCLUOE EXPENSES ANO SALES TAX, IF ANy) IIF CA~ULATOD - H~RLV LAODR CH"""" ~ ATTACH OCHODU,""" DF EMP=EE. T'TLEO AND H""DAV RA_I REIMBURSABLE EXPENSES' Is SALES TAX OWED? DYES ONO ONO IF YES, MAXIMUM OOLLAR AMOUNT' $ DYES IF YES, $ PAlO BV, 0 CONTRACTOR 0 CITY 10. SELECTION PROCESS USEO [CHECK ONEJ, 0 R&EWEBT FO" BlOB 0 REEWEBT FO" ""OPOBALB 0 REEWEBT FO" QUOTEB 0 REEWEBT FO" QUALIFICATIONB 0 _CHITECT & ENØINEE" UBT 0 SMALL WO"KB ROBTE" - 11. CONTRACT REVIEW fo~~€/ þ(LAW 'ALL CONmACTBI ~ I/IAV iii Ix I Ci I, ¡(RIBK MANA"EMENT /ALL CDNTRACTO .XC.PT AMENDMENTO, CDNTRACTDR .ELECT'DN DOCUMONT> 10/),/01 INITIALIDATE ApPROVED \" "--i¡\:j( JDII 1',\(1 \ ( Ø'lflf1(((¡I!(/(C( -t:!- 1!j .. 11. CONTRACT SIONATURE ROUTINO INITIALIDATE ApPROVED X1 LAW OEPA"TMENT ;M CITV MANA"E" )If CITY CLE"K ~\$14L ~ =:.:::: ';::-,- ~~J;:~ ~. 0 ----~-g...g, .- ." .. '><~ COMMENTS W"'" - D""'NOC ~OY. - CF~ CANARY - ~'K = .".. "'NO - ~W D.~. "~NF" - ""WO"-~-- ~.. "~ "~., ~~~\ - ~\ Applicant:Kindercare Leanring Centers, Inc. Project: Federal Way Kindercare Property Address: 34180 Hoyt Road SW Federal Way, WA 98023 Bond#: 103103 i:no Permit#: 01 - I 02302~000-00~CO Bond Amount: $7,875 Cash Deposit Amount: $394 CITY OF FEDERAL WAY AGREEMENT AND PERFORMANCEIMAINTENANCE BOND THIS AGREEMENT ("Agreement") is dated effective this d~àay of ~f'¡",b1'V' ,200J The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City") and Kindercare Leanring Centers, Inc., a Deleware corporation ("Applicant"). A. The Applicant is required to perfonn certain work and/or complete certain improvements, including stonn drainage system, paving, and erosion control, 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 wjll be constructed or the work perfonned in accordance wjth record drawings and approved plans on file with the City ("Plans"); C. The City has determined that the Applicant must post security wjth 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 wjth the Plans as a condition of granting the Permit. NOW, THEREFORE, the Parties agree as follows: I. Improvements. 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 ofthe 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, wjthin 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 PerfonnancelMaintenance Bond to the City in the fonn attached hereto as Exhibit "A" and incorporated by this reference ("Bond"), to guarantee Applicant's perfonnance 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 tenDS of the Bond, the Permit and all applicable law, the sum of the Bond shall be reduced by seventy percent (70%) after fmal inspection and approval ofthe improvements by the City and the City will deliverto 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 fmal inspection and approval, as a maintenance bond to guarantee against defective materials and workmanship in the construction ofthe improvements and to insure continued maintenance of the improvements. Two (2) years after fmal inspection and approval of the improvements and performance of the mainteuance, the City wjll release the remaining portion of the Bond by executing and delivering to Principal the Full Release of Bond attached hereto as Exhibit "C". ORIGINAL 5. Right to Cornulete 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 Wark. 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 Connnunity Development Department of the City shall be given forty~eight (48) hours notice prior to the connnencement 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 Devosit. In addition to the amount of the Bond, Applicant agrees to pay a cash depositto 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 $100,00] 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 adnllnistering 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 "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. II. 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. By: Its: STATE OF OREGON ) ss. COUNTY OF MUL TNOMAH On this day personally appeared before me ì3Î\.lJ') A. WaQ!'ÿ to me known to be the - 3-. \1 P 4' (' Or, of Kinder care Learning Centers, Inc., the corporation that executed the foregoing instrument, 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 1'1.¡ ') day of rA 1,)4 Me (notary signature) U<:;CI P,roo h (typed/printed name of notary) Notary Public in and for the State of Oregon. My commission expires 1-5-6 " {)~r ,200...L. OFFICIAL SEAL LISA BROOKE NOTARY PUBLIC-OREGON COMMISSION NO A325007 MY COMMISSION EXPIRES jULY 5, 2003 k Idevrevlpcojectslk;nd."",lperl'ma;n .agt.doc By: ATTEST: APPROVED AS TO FORM: ~(lliytl~~L~( t fvv ob SterbaOk, ty Attorney I STATE OF WASHINGTON ) ) ss. ) COUNTY OF KING On this day personally appeared before me David H. Moseley to me known to be the City Manager of the City of Federal Way, the corporation that executed the foregoing instrument, 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 authonzed to execute said instrument and that the sea~ffixed, if any, is the corporate seal of said corporation. GIVE~dan~YOf tJI.~ ,200-!-. ~I' (r ~ (notarx,signature) 1 /Y, (!H£/S'/!/f/e ~E€/I/ (typed/printed name of notary) Notary Public in and for the State of Washington. My connnission expires I ~/ 1/ 0 v. . SUPERSEDES BOND NO. 103631270 EXECUTED 8/21/01 Bond # 1011í11 no Project: Kindercare Learning Centers. Inc. Permit #: OI-IO2302-000-00-CO EXHIBIT "A" CITY OF FEDERAL WAY PERFORMANCE/MAINTENANCE BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned, Kindercare Learning Centers, Inc., as principal ("Principal"), and Travelers Casualty and Surety Company of America, the undersigned corporation orgaIrized and existing under the laws of the State of Connecticut, and legally doing business in the State of Washington as a surety ("Surety"), are held and fmnly bound unto the City of Federal Way, a Washington municipal corporation ("City") in the penal sum of Seven Thousand Eight Hundred and Seventy-Five and no/1 00 Dollars ($7,875) for the payment of which they finnly 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 a storm drainage system, paving, and erosion control for a coI11I11ercial building. 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 oftime 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 volnnteers hannless trom 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 perfonnance of said work, and shall indenmify and hold the City hannless trom any damage or expense by reason offailure ofperfonnance as specified in the Agreement, or trom defects appearing or developing in the material or workmanship provided or performed under the Agreement within a period of two (2) years after its fmal acceptance thereofbythe 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 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 waive notice of any change, extension of time, alterations or additions to the tenns of the Agreement or to the Work. The Surety hereby agrees that modifications and changes may be made in the tenns 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 Perfonnance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) ofthe original amount of this bond without the consent of the Surety. Within forty-five (45) days of receiving notice that the Principal has defanlted on all or part of the tenns of the Agreement, the Surety shall make a written connnitment 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. Ifthe 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 adnllnistered by the Seattle USA&M office, 4300 Two Union Square, 601 Union Street, Seattle, Washington 981O1~2327. The Surety shall not interplead prior to completion of the mediation. DATEDtllls~dayof October ,200-1. CORPORATE SEAL OF PRINCIPAL: By: ~~I\. \oJ a.t..k,s Its: Kindercare Learning Centers, Inc. 650 NE Halladay #1400 Portland, OR 97232 (503) 872-1300 CORPORATE SEAL OF SURETY: Surety By: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Attorney-in~Fact ;¡~::";) ;;¡y~ ~ , Muriel M. van Veen 13221 SW 68<" Parkway Tigard, Oregon 97223 (503) 603~4450 BOND NUMBER: 103631270 APPROVED AS TO FORM: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183.9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S).IN.FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY corporations duly organized under lie laws of lie State of Connecticul, and having lheir principal offices in lie City of Hartford: County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Edward M. Thompson, Jennifer Keene, Muriel M. van Veen, Richard A. Stevens, Charlene Eason, Gail A. Flynn, of Portland, Oregon, lheir true and lawful Attorney(s)-in-Fact, willi full power and aulhority hereby conferred to sign, execute and acknowledge, at any place within lie United States, the following instrument(s): by his/her sole signature and act, any and ail bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind lie Companies, thereby as fully and to lie same extent as if lie same were signed by lie duly aulhorized officers of the Companies, and ail :he acts of said Attorney(s).in.Fact, pursuant to the authority herein given, are hereby ratified and confinned. This appointment is made under and by aulhority of lie following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chainnan, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys.in.Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chainnan, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in.Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following oftìcers: President, any Executive Vice President, any Senior Vice Presidem, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys.in.Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) EXHIBIT "B" PARTIAL RELEASE OF BOND # The undersigned hereby acknowledges that a portion of the conditions of the Agreement and Performance/Maintenance Bond for Kindergarten Learning Center have been satisfied and hereby authorizes the release of an amount equal to Five Thousand Five Hundred Thirteen Dollars ($5,5t3). 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 ,20o_. 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 Kindercare Learning Center, 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 Two Thousand Three Hundred Sixty~Two Dollars ($2,362). 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 ,2°- CITY OF FEDERAL WAY: By: (Name, Title)