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Home My WebLink About25-261 - Contract - Olson Brothers Excavating, Inc. - Construction: Gilliam Creek Culvert Erosion Repair Project25-26l C[)WTRACTN(}. Council Approval THIS AGREEMENT iomade and entered into on this 2nd byand between the City of Tukwila, Washington ("Owner") and D| B ("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 G|LL|AMCREEK CULVERT EROSION REPAIR, Project No. 826412Q2.including all changes to the Work and force account work, in accordance with the Contract Doouments, as described in Section 1-042 of the Supplemental General Requirements. 2. Payments. Owner shall pay Contractor ahthe unit and lump sum phnee, 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 |ebor, hoo|e, materials and equipment for the Work. 3. Completion Date. Contract time ahmU 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 tuOwner aa specified in the Proposal. 4. Attorney's Fees. |nthe event litigation imcommenced toenforce this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney's and expert witness fees. 5. D/mc/a/nxer. No liability ofContractor shall attach to Owner by reason of entering into this Agreement, except as expressly provided in this Agreement. G. Counterparts. This Agreement ia executed in two (2) idenUual nounharparts, by the parbee, each of which shall for all purposes bedeemed anoriginal, CITY OFTUKVVL&WASHINGTON (Owner) �=^�—Ww8ii 05451344C(Contractor) ooe;;�7 Attest: This 2nd dav of.2O25_ Sign.d by AppnzvedaehoForm: City--Afffr, hey41 5E45 6200 Southcenter Blvd Tukwila, WA 98188 Olson Brothers Excavating, Inc. Attest This 28 day of August 2025 Mike Olson, si�ent Contractor's License No. Gilliam Creek Culvert Erosion Repair Rev. 5-13-14 W -9-AXIII LIMNIZIA20ail 111-1 AM, I Bond to City of Tukwila, VTashington Bond No. 108312149 We, Olson Brothers Excavatin2, Inc. and —Travelers Casualty and Surety Company o America (Principal) (Surety) a Connecticut 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 Forty Six Thousand Six Hundred Six and 55/100 -------------------------- Dollars ($ 346,606.55 ), 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 1 20 , between Principal and Owner for a project entitled GILLIAM CREEK CULVERT EROSION REPAIR , Contract No. ("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. iiiiiiii'MY111 1 111 IF Jill ill ill I Jill 111111 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%). 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. Gilliam Creek Culvert Erosion Repair Rev. 5-13-14 Payment & Performance Bond C-3 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 28th day of Auqust 20 25 Olson Brothers Excavating, Inc. Travelers Casualty and Surety Company of America g P nnc�ip-S u rety e"10 Signature of Authorized Official Signature of Authorized Official Steve Olson, Vice President Title Name and address of local office of agent and/or Surety Company: By Julie A. Craker, Attorney -in -Fact Attorney in Fact (Attach Power of Attorney) *jropel Insurance �1- Tacoma, WA 98402 ---M=g 771 le 7777en 1 7777 insuranc Washington per Section 1-02.7 of the Standard Specifications, I 'dew LTRAVELERSJ Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and G1 Paul Fire and Marine Insurance Company are corporations duly organized Linder the laws of the State of Connecticut (herein collectively called the "Companies"), and the Companies do hereby constitute and appoint Thomas Buell, Amelia G Burrill, Julie Acnaker, Carley Espiritu, Brent EH i| Lindsey Elaine Jorgensen, Christopher Kinyon, HIll Lagerquist,JemieL Mavques.Anne|ies MRichie, and Sarah Whitaker ofTacoma, Washington, their true and |owfu|AUomey(a)-in'Fmct to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing orguaranteeing bonds and undertakings required urpermitted in any actions orproceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrumentmbe signed, and their corporate seals to be hereto affixed, this i6th day of February, 2024. State of Connecticut City of Hartford ss. By rKe Grissom, Senior Vice President On this the 16th day of February, 2024, before me personally appeared Bryce Grissom, who acknowledged himself wbe the Senior Vice President of each o[the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, | hereunto set my hand and official seal My Commission expires the 30th day of June, 2026 Anna P. Nowik, Notary Public This Power vfAttorney isgranted under and bythe authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary orany Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf nfthe 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 orher; and itie FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all nrany part ofthe foregoing authority �&zoneormnna�marsoremployees of this Company, provided that each such delegation isinwriting and acopy thereof i,filed |nthe office ofthe 8eomy� a;and itim FURTHER RESOLVED, that any bond, recognizance, contract ofindemnity, orwriting obligatory inthe nature ofabond, recognizance, o,00nd|dona| undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice Presidant, any Senior Vice President orany Vice President, any Second Vl*a Pnesidem, 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 ortheir certificates of authority or by one or more Company officers pursuant to o written delegation of authority; and it is FURTHER RESDLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice Pres|dent. any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Cornpany 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 ofexecuting 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 on the Company in the future with respect to any bond or understanding to which Kioattached. | Kevin EHughes, the undersigned, Assistant Secretary of each ufthe Companies, do hereby certify that the above and foregoing iaatrue and correct ro verify the authenticity of this Power of ttorney, p ease ca us at -800-42 -3880. 1-11*1440MMa"293M KNOW ALL MEN BY THESE PRESENTS: That we Olson Brothers Excavating, Inc. (hereinafter called Principal), andTravelers Casualty and Surety Company of Arnerica a corporation organizeM' and doing business under and by virtue of the laws of the state of Connecticut and duly licensed for the purpose of making, guaranteeing or beco=*ng sole surety upon bonds or undertakings required and authorized by the State of Washington, (hereinafter called Surety), as Surety, are held firmly bound unto City of Tukwila (hereinafter called Obligee) in thejust and full Sum of Fifteen Thousand Seven Hundred Twenty-six & 25/100 pi"i M*qpl*z 114IL" , xv,141, 1411"Of-Mit 1jul THE coNDinONS OF TJHS OBLIGATION ARE SUCH THAT, Whereas, the said Principal on the day of —, — entered into a written contract with the said obligee for Gilliam Creek Culvert Erosion Repair Proiect De 1H and vid unless o:,. I o�' P'lWyam—ta remain in full force and effect. Olson Brothers Excavating, Inc, By: Principal Steve Olson, Vice President Travelers Casualty and Surety Company of America By: 5�A. Crak�er�� Attorney -in -Fact Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company rravalersCasualty and8 Company orAmerica, TmvnleCasualty corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and the Companies do hereby make, constitute and appoint Thomas Buell, Amelia G Burrill, Julie A Craker, Carley Espiritu, Brent E Hellesen, Lindsey Elaine Jorgensen, Christopher Kinyon, HoIll Lagerquist, Jamie L Marques, Annelles M Richle, and Sarah Whitaker of Tacoma, Washington, their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. NV WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed. this 16th day of February, 2024. SEAL "i E SEAL State of Connecticut City of Hartford ss, By V`7 -B'166- drissom, Senior Vice President On this the 16thday of February, 2024, before mepersonally appeared Bryce Grissom, who acknowledged himself mbethe Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained bysigning onbehalf pfsaid Companies hyhimse|fasaduly authorized officer. My Commission expires the 30th day of June, 2026 —4 /001114/ WM 1, Anna P. Nowik, Notary Public This Power ofAttorney is granted tinder and by the authority following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -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 under -taking, 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; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or ally Vice President may delegate all onany pail o[the foregoing euthority toone ormore officers uremployees o[this Cum any, pmvidadthat each such de|egobon /smwhin8and acopy thereof �M|adinthe o0Secretary; r ' FURTHER RESOLVED that any bond, recognizance, contract o{indemnity, nature of b*nd, recognizance, or conditional undertaking_�.shall be valid,and binding"""p"" the Company when (a) m/gnwm by the President, any Vice ` ^ ` Chairman, any Exenut�eVice Pmmident' any Senior President or any Vice P'~~�~�`a�/ Second Vice President, the ncau�� »y*mm/a�m Treasurer, the Corporate Secretary orany Assistant Secretary and duly attested and sealed with the Company's seal pya Secretary or Assistant Secretary; or(mduly 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; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, anySenior Vice President, 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 on the Company in the future with respect to any bond or understanding to which it is attached. |. Kevin EHughes, the undersigned, of�eCom �s— � h ' --'�o'�emboveandfo�goingisatmeondco�accupyufV.=PowerofAuo�*yexecu�dby said ^wh��remains infull forceand effect. Dated this 29th day of August 1 2025 - 7b, verify the authenticity of this Power of Attomey, please call us at 1-800-421-3880. Please refer to the above-named Attorriev(s)-in-Fact;1:00 t4reivilptvik VM' SEAL SEAL . SEAL �_ - ---74 ltev�inE, Hu�ghes, As�sistant S�e�� cretary 7b, verify the authenticity of this Power of Attomey, please call us at 1-800-421-3880. Please refer to the above-named Attorriev(s)-in-Fact;1:00 t4reivilptvik D Task Name Inte net to award Council meeting Contract Doc's Begin Work Pre -Con Meeting Submittals Mobilization Setup Traffic control TESC Install Fish Screen Install TSD Clearing& Grubbing Slope Grading Place Slope Agg Place Top Soil Channel Rewatering Remove TSD Remove Fish Screen Fish window Ends Install Plant Tubes Clean up/De-Mob 10,'25 IAug 17,25 IAug 24,25 IAug 31,'25 ISep 7,'25 ISep 14,'25 Sep 21,'25 Sep � T W T F S S M T W T I_F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S I_S M T W T F S S d Council meeting 8/25 Contract Doc's�/J9 Begin Work Pre -Con Meeting — 9/2 Submittals//// IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 9/8 Mobilization IIIIIIIII 111111 9/3 Setup Traffic control 9/3 T ESC 1.9/3 Install Fish Screen �ij/ 9/4 Install TSD Clearing & Grubbing 9/10 Slope Grading ,3l12 Place Slope Agg Place Top Soil Channatering app 9/29 Rem ova TSD Re 0_ Scre 30 Fish window En Install PlantTubes 10/1 Clean up / De -Mob 11,11111, 10/6 Task a///////////////////////////////////Jr. Inactive Task Manual Summary Rollupuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu EMernal Mlles one 0 Manual Progress Pr ject: Gilliam creek culvert Sc SII[ p Inactve Mllenone Manual S,m , Deadline ^ Date: Fri 8/29/25 ylllesrone ® Inactive SLmmary II II St"t only II: cn�ical Y'�/OOOOOOOOOOOOOOOOOOO�Oai, Summary �i Ma nual Task �////111�1////1/%/////1//�1/IN Fl ,h -only .I Critical Spilt p roject Summary............. 11 Dunton -only /1111fG11111%1%/1%% External Tasks Progress Page 1