HomeMy WebLinkAbout25-256 - Contract - Flowline, LLP - Construction: 2025 Annual Small Drainage ProgramI} a
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25-256
CONTRACT NO. Council Approval 8/25/25
THIS AGREEMENT i made and entered into on this 2" day of , 205, by and between the
City of Tukwila, Washington ("Owner") and ("Contractor"). Now,
therefore the parties agree as follows:
1. P'roj'ect. Contractor shall complete all work and furnish all labor, tools, materials, and equipment for the
project entitled 2025 Small Drainage Program Project No. 82541201, 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
(Owner) y: Signed by:
OMO'S
ESZ4780.
Attest:
This 26th day of August 2025
Signetl/b/[:
city t,/ICi r. 23..
Approved as to Form:
Signed by:
,�. a.
City �,ffor1ney
Address for giving notices:
6200 Southcenter Blvd
Tukwila WA 98188
LLP
(Contractor)
w
Title: -4 r
Attest:
This Z60 -day of Av , 20
Contractor's License No.
Address for giving notices:
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PAYMENT AND PERFORMANCE BOND
Bond to City of Tukwila, Washington
Bond No. 100986792
We Flowline, LLP and American Contractors Indemnity Company
(Principal) (Surety)
a California 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
Three Hundred Twenty Thousand and Forty -Eight Dollars
($ 320,048.00 ), 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 August 26th , 2025 , between Principal and Owner for a project
entitled 2025 SMALL DRAINAGE PROGRAM , Contract No. 25-256 ("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.
This bond shall remain in full force and effect at 10% of the total bid price for one (1) year after Final
Completion of the Contract, to insure against all defects and corrections needed in the material
provided or workmanship performed.
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%).
MN
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 Ut" day of Av5u5+ , 20 33
9MMMMM
Principal
90101-0. "1,
Signature of Authorized Official
9owi:ner
Title
Name and address of local office of
agent and/or Surety Company:
American Contractors Indemnity Company
Urety
7 tignaf&6of Authorized Official
By Katelyn Cooper, Attorney -in -Fact
Attorney in Fact
(Attach Power of Attorney)
IMA Financial Group, InIc.,
10400 NE 4th St, Suite 900
Bellevue, WA 98004
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,
CI
TOKIOMARINE
HCC
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint,
KATELYN COOPER
its true and lawful Attorney -in -Fact, with full authority to execute on its behalf bond number 100986792
issued in the course of its business and to bind the Company thereby, in an amount not to exceed
Three million and 00/100 ( $3.000.000.00 1.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following resolutions adopted
by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 181 day of
September, 2011.
"Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be
and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and
act for and on behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge
and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings,
including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,
and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed
by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate
Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of
attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached."
The Attorney -in -Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this
bond and does not indicate whether the Attorney -in -Fact is or is not an appointed agent of the Company.
IN WITNESS WHEREOF, American Contractors Indemn�j,,(,,,,Q,rompany has caused its seal to be affixed hereto and executed by its
President on this 201h day of November, 2024. ,»`�`a.CToRs�.,,,
...................;
a� AMERICAN CONTRACTORS INDEMNITY COMPANY
INCORPORATED B
SEPT. 25. 1990 F < y'
Ada S. Pessin, President
/w9jofcgClFOftN��'*`°� w
A Notary Public or other officer completing this certificatii'VdP les only the identity of the individual who signed the document to which
this certificate is attached, and not the truthfulness, accuracy, or validitv of that document.
State of California
County of Los Angeles
On this 201h day of November, 2024, before me, D. Littlefield, a notary public, personally appeared Adam S. Pessin, President of American
Contractors Indemnity Company, who proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the
instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of CALIFORNIA that the foregoing paragraph is true and correct.
0.
WITNESS my hand and official seal. Nouryt CANO(nia
Los AoMes Cw"
Commksw i 2476570
Signature (seal) aiy Comm. Expires Jan 31, 20n y
I, Kio Lo, Assistant Secretary of A erican Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution
adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said
Power of Attorney nor the resolution have been revoked and they are now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this
day of
Bond No. 100986792
wCORPORATED Kio Lo, Assist ecreta
Agency No. 10928 = a SEPT 25. 1999 r <_ rY
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