HomeMy WebLinkAbout25-085 - Contract - Pape & Sons Construction, Inc. - S 149th & S 150th Street Watermain ReplacementCITY OF TUKmLA
AGREEMENT FORM
25-085
Council Approval 3/3/25
THIS AGREEMENT is made and entered into on this 17th day of March --_, 2025.., by and
between the City of Tukwila, Washington ("Owner') and c 4 Swa cpnis&�chm 15y1[
("Contractor"). Now, therefore the parties agree as follows:
1. Project. Contractor shall complete all work and furnish all labor, tools, materials, and
equipment for the project entitled S 149TH AND S 150TH STREET WATERMAIN REPLACEMENT,
Project No. 923 401 02, including all changes to the Work and force account work, in accordance
with the Contract Documents, as described in Section 1-04.2 of the Supplemental General
Requirements.
2. Payments. Owner shall pay Contractor at the unit and lump sum prices, and by force account
as specified in the Proposal according to the Contract Documents as to time, manner, and condition
of payment. The payments to Contractor include the costs for all labor, tools, materials and
equipment for the Work.
3. Completion Date. Contract time shall commence upon Owner's Notice to Proceed date. The
Work under this Agreement shall be completed within the time specified in the Proposal. If the Work
under this Agreement is not completed within the time specified, as detailed in the Contract
Documents, Contractor shall pay liquidated damages and all engineering inspection and supervision
costs to Owner as specified in the Proposal.
4. Attorney's Fees. In the event litigation is commenced to enforce this Agreement, the
prevailing party shall be entitled to recover its costs, including reasonable attorney's and expert
witness fees.
5. Disclaimer. No liability of Contractor shall attach to Owner by reason of entering into this
Agreement, except as expressly provided in this Agreement.
6. Counterparts. This Agreement is executed in two (2) identical counterparts, by the parties,
each of which shall for all purposes be deemed an original.
CITY OF TUKWILA, WASHINGTON PAPE & SONS CONSTRUCTION, INC.
(Owner) Signed by: (Contractor)
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PMJ`'�A bIMA $� B ® I
Mayor Title: Vice President
Attest:
This 17th day of March , 2025.
Sig -d by
Approved as to Form*
City.....°,ssEaseyz
orn
Address for giving notices:
6200 Southcenter Blvd
S 149TH AND S 150TH
WATERMAIN REPLACEMENT
PROJECT NUMBER 923 401 02
Attest:
This'17th day of March , 2025
PAPESI*204DE
Contractor's License No.
Address forgiving notices:
9401 Bujacich Rd., Suite 1A
Gig Harbor, WA 98332
JANUARY 2025
CITY OF TuKIMLA
PAYMENT AND PERFORMANCE BOND
Bond to City of Tukwila, Washington
Bond No. 23 5797
We, Pape 8 Sons Construction, Inc_ and Swiss Re Corporate Solutions America Insurance Corporation
(Principal) (Surety)
a Missouri corporation, and as a surety corporation authorized to become a surety upon
Bonds of Contractors with municipal corporations in Washington State, are jointly and severally
bound to the City of Tukwila, Washington ("Owner"), in the penal sum of
One Million Two Hundred Fourteen Thousand Twelve Dollars and 98/100
Dollars ($1,214,012.98 ). the payment of which sum, on demand, we bind
ourselves and our successors, heirs, administrators, executors, or personal representatives, as
the case may be. This payment and Performance Bond is provided to secure the performance
of Principal in connection with a contract dated March 17th , 2025, between
Principal and Owner for a project entitled S 149TH AND S 150TH STREET WATERMAIN
REPLACEMENT, Project No. 923 401 02 ("Contract"). The initial penal sum shall equal 100%
of the Total Bid Price, including sales tax, as specified in the Proposal submitted by Principal.
NOW, THEREFORE, this Payment and Performance Bond shall be satisfied and released only
upon the condition that Principal:
• Faithfully performs all provisions of the Contract and changes authorized by Owner in the
manner and within the time specified as may be extended under the Contract;
• Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material men,
and all other persons or agents who supply labor, equipment, or materials to the Project;
• Indemnifies and holds Owner, its officers, and agents harmless from and against all
claims, liabilities, causes of action, damages, and costs for such payments for labor,
equipment, and materials by satisfying all claims and demands incurred under the
Contract, and reimbursing and paying Owner all expenses that Owner may incur in
making good any default by Principal; and
• Indemnifies and holds Owner harmless from all claims, liabilities, causes of action,
damages and costs, including property damages and personal injuries, resulting from any
defect appearing or developing in the material provided or workmanship performed under
the Contract.
The indemnities to Owner shall also inure to the benefit of the Consulting Engineers and other
design professionals retained by Owner in connection with the Project.
The liability of Surety shall be limited to the penal sum of this Payment and Performance Bond.
No change, extension of time, alteration, or addition to the terms of the Contract or to the Work
to be performed under the Contract shall in any way affect Surety's obligation on the Payment
and Performance Bond. Surety hereby waives notice of any change, extension of time,
alteration, or addition to the terms of the Contract or the Work, with the exception that Surety
shall be notified if the Contract time is extended by more than twenty percent (20%).
S 149TH AND S 150TH
WATERMAIN REPLACEMENT
PROJECT NUMBER 923 401 02 JANUARY 2025
Crry OF TuKmLA
PAYMENT AND PERFORMANCE BOND
C-4
If any modification or change increases the total amount to be paid under the Contract, Surety's
obligation under this Payment and Performance Bond shall automatically increase in a like
amount. Any such increase shall not exceed twenty-five percent (25%) of the original amount of
the Payment and Performance Bond without the prior written consent of Surety.
This Payment and Performance Bond shall be governed and construed by the laws of the State
of Washington, and venue shall be in King County, Washington.
IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical
counterparts this 17th day of March 2025 .
Pape & Sons Construction, Inc.
Principal
rf
Signaturfe of Authorized Official
Title
Name and address of local office of
agent and/or Surety Company:
Swiss Re Corporate Solutions America Insurance Corporation
Surety
Signature of Authorized Official S E A L)
By Joanne Reinkensmeyer
Attorney in Fact
(Attach Power of Attorney)
Acrisure West Divison
19401 40th Ave W #440
Lynwood, WA 98036
Surety companies executing bonds must appear on the current Authorized Insurance List in the State of
Washington per Section 1-02.7 of the Standard Specifications.
S 149TH AND S 150TH
WATERMAIN REPLACEMENT
PROJECT NUMBER 923 40102
JANUARY 2025