HomeMy WebLinkAboutCOW 2007-02-12 Item 4E - Agreement - 35th Avenue South Emergency Erosion Repair with RL Alia Company ILA,
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ITEM INFORMATION
CAS NUMBER: 07-019 1 ORIGINAL AGENDA DATE: FEBRUARY 12, 2007
AGENDA II EM TULE 35 Avenue South Emergency Erosion Repair Contract with R.L. Alia.
CATEGORY Discussion Motion Resolution Ordinance El Bid Award Public Hearing Other
114tg Date 02/12/07 111tg Date 02/20/07 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date:
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW/
SPONSOR'S City maintenance crews discovered a large sinkhole on 35 Ave South just south of South
SUMMARY 128 Street. The sinkhole has an exposed sewer pipe and gas main that requires
immediate repair. A resolution will declare an emergency and allow staff to immediately
enter into a construction contract. The small works roster was used to solicit bids and
three quotes were received with the lowest quote from R.L. Alia Company for $41,458.24.
REVIEWED BY COW Mtg. CA &P Cmte F&S Cmte
Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA 1E: 02/12/07
RECOMMENDATIONS:
SPONSOR /ADMIN. Approve emergency contract with R.L. Alia.
COIâ– LMITIEE presented to Transportation Committee tonight, Monday 2/12/07.
COST IMPACT I FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$41,458.24 $320,000.00 $0.00
Fund Source: 412.02 Surface Water (page 139, 2007 CIP)
Comments: Available budget is within the Annual Neighborhood Drainage Program.
MTG. DATE RECORD OF COUNCIL ACTION
02/12/07
02/20/07
MTG. DATE ATTACHMENTS
02/12/07 Information Memo dated February 7, 2007
Short Form contract with R.L. Alia
02/20/07
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Director Cr
Date: February 7, 2007 C
Subject: 35 Ave. South Emergency Pipe Repair
Short Form Contract
ISSUE
Approve the short form contract for the emergency pipe repair at 35 Ave. South.
BACKGROUND
City maintenance crews discovered a large sinkhole on 35 Ave. South just south of South
128 Street. The sinkhole resulted from a failed 18" storm water pipe beneath the roadway
that conveys Riverton Creek. The hole is approximately 6' deep and there is an exposed
sewer pipe and gas main visible. To protect the public, steel plates were placed over the hole
and the roadway was closed in the immediate area.
ACTION TAKEN
It was determined that the pipe should be replaced as soon as possible under an emergency
contract to prevent further damage to the roadway and utilities and the potential for
downstream flooding and substantial creek erosion. Affected utilities were notified of the
damage and emergency utility locates were done. The Department of Fish and Wildlife was
consulted and an Emergency Hydraulic Project Approval was obtained.
A permanent repair will require replacing the existing 18" clay pipe with a 24" CPEP for the
entire roadway crossing length of approximately 80'. Since the crossing is an active stream,
bypass pumping will be required while the work is taking place. The City's Small Works
Roster was used to solicit bids for this repair. Three quotes were received with the lowest
from R. L. Alia Company for $38,105 plus tax. This amount is within the available budget
for the Annual Neighborhood Drainage Program (page 139 of 2007 CIP). Work is scheduled
to begin Monday, February 12.
RECOMMENDATION
Approve short form contract with R. L. Alia Company for $41,458.24 including Washington
state sales tax for the emergency pipe repair at 35 Ave. South.
RL:ad
attachment: Short Form Contract
(P:Proje:sslA- DR Proj=07DRO2 tkfo Memo 35' Ave S E eay Pipe Repair)
CITY OF TUKWILA
Short Form Contract
Contractor/Vendor Name: R. L. Alia Company Project No. 07 -DR02
Address: 107 Williams Ave. South Budget Item No.: 412.02.594.383.63.09
Renton. WA 98055 Project Name: 35 Ave. South
Emergencv Pipe Repair
Telephone: (425) 226 -6100
PLEASE INITIAL ALL ATTACHMENTS, THEN SIGN AND RETURN COPIES ONE AND TWO TO
CITY OF TUKWILA, PUBLIC WORKS DEPARTMENT, 6300 SOUTHCENTER BOULEVARD,
SUITE 100, TUKWILA, WASHINGTON 98188. RETAIN COPY THREE FOR YOUR RECORDS
UNTIL A FULLY EXECUTED COPY IS RETURNED TO YOU.
AGREEMENT
This agreement, made and entered into this day of February 2007, by and between the City of
Tukwila, hereinafter called the City, and R. L Alia Company, hereinafter called the Contractor.
The City and the Contractor hereby agree as follows:
1. SCOPE OF WORK
The Contractor shall furnish all labor, materials, equipment and disposal of all materials necessary
to replace the existing 18" storm water pipe from the existing upstream manhole to the outfall in the creek.
The pipe is located 70' south of the intersection of South 128 Street and 35 Ave. South. The project shall
include the following elements:
1) Mobilize equipment
2) Bypass of existing creek
3) Coordinate with affected utilities
4) Remove and replace 18" Pipe with 24" CPEP (Hancor or approved equal) matching the
existing flow line
5) Enlarge hole at vault to accept larger pipe size
6) Bed and backfill pipe
7) Armor outfall
8) Sawcut ashpalt
9) Grade and pave roadway
10) Demobilize equipment
11) Comply with provisions of the Emergency HPA issued by the Washington State Department
of Fisheries
2. TIME OF COMPLETION
The work shall be commenced upon written Notice to Proceed and be completed within 10
working days, including final cleanup and restoration.
3. CONTRACT SUM
The City shall pay the Contractor for the performance of the work the lump sum of:
$41,458.24 which includes applicable Washington state sales tax.
4. PAYMENTS
The City shall make payments on account of the contract as follows: upon completion, minus 5%
retainage. Retainage will be released immediately following acceptance of all cleanup and final
work.
5. ACCEPTANCE AND FINAL PAYMENT
Final payment shall be due after completion of the work, provided the contract is fully performed
and accepted.
6. GENERAL CONDITIONS
The City and the Contractor agree upon the following general conditions which shall govern:
A. Contract Documents
The contract includes this Agreement, and attached HPA.
The intent of these documents is to include all labor, materials, appliances and
services of every kind necessary for the proper execution of work, and the terms and
conditions of payment therefor.
The documents are to be considered as one, and whatever is called for by any
one of the documents shall be binding as if called for by all.
The Contractor is responsible for all surveying and measurements set forth in the
above documents and to report all differences in measurements before commencing to
perform any work hereunder.
B. Materials, Appliances and Employees
Except as otherwise noted, the Contractor shall provide and pay for all
materials, labor, tools, water, power and other items necessary to complete the work.
Unless otherwise specified, all material shall be new, and both workmanship
and materials shall be of high quality.
Contractor warrants that all workmen and subcontractors shall be skilled in
their trades.
C. Survey, Permits and Regulations
The City shall furnish all surveys unless otherwise specified. Permits and
licenses necessary for the prosecution of the work shall be secured and paid for by the
Contractor. Easements for permanent structures or permanent changes in existing
facilities shall be secured and paid for by the City unless otherwise specified. The
Contractor shall comply with all laws and regulations bearing on the conduct of the work
and shall notify the City in writing if the drawings and specifications are at variance
therewith.
D. Protection of Work, Property and Persons
The Contractor shall adequately protect the work, adjacent property and the
public and shall be responsible for any damage or injury due to his act or neglect.
E. Access to Work
The Contractor shall permit and facilitate observation of the work by the City
and its agents and public authorities at all times.
F. Changes in the Work
The City may order changes in the work, the contract sum being adjusted by
mutual agreement accordingly. All such orders and adjustments shall be in writing.
Claims by the Contractor for extra cost must be made in writing before executing the
work involved.
G. Correction of Work
The Contractor shall re- execute any work that fails to conform to the
requirements of the contract and that appears during the progress of the work and shall
remedy any defects due to faulty materials or workmanship which appear within a period
of one year from date of completion of the contract and final acceptance of the work by
the City unless the manufacturer of the equipment or materials has a warranty for a longer
period of time, which warranties shall be assigned by Contractor to City. The provisions
of this article apply to work done by subcontractors as well as to work done by direct
employees of the Contractor.
H. Owner's Right to Terminate Contract
Should the Contractor neglect to prosecute the work properly, or fail to perform
any provision of the contract, the City, after seven days' written notice to the Contractor,
and his surety, if any, may without prejudice to any other remedy the City may have,
make good the deficiencies and may deduct the cost thereof from the payment then or
thereafter due the Contract or, at the City's option, may terminate the contract and take
possession of all materials, tools, appliances and finish work by such means as the City
sees fit, and if the unpaid balance of the contract price exceeds the expense of finishing
the work, such excess shall be paid to the Contractor, but if such expense exceeds such
unpaid balance, the Contractor shall pay the difference to the City.
Payments
Payments shall be made as provided in the Agreements. Payments otherwise
due may be withheld on account of defective work not remedied, liens filed, damage by
the Contractor to others not adjusted, or failure to make payments properly to the
subcontractors.
J. Contractor's Liability Insurance
Contractor will carry public liability and property damage insurance with
with carriers satisfactory to the City, in the following amounts:
$50,000 property damage
$500,000 public liability (each person)
$1,000,000 public liability (each occurrence)
with endorsements naming the City as an additional insured and will provide the City
with certificates of insurance with this Agreement routed for City approvals and within 30
days notice prior to cancellation.
K. Performance Bond
The Contractor shall furnish to the City prior to start of construction a
performance bond in an amount of 100% of the contract in a form acceptable to the City.
L. Liens
The final payment shall not be due until the Contractor has delivered to the
City a complete release of all liens arising out of this contract or receipts in full covering
all labor and materials for which a lien could be filed, or a bond satisfactory to the City
indemnifying the City against any lien.
M. Separate Contracts
The City has the right to let other contracts in connection with the work and the
Contractor shall properly cooperate with any such other contracts.
N. Attorneys Fees and Costs
In the event of legal action hereunder, the prevailing party shall be entitled to
recover its reasonable attorney fees and costs.
O. Cleaning Up
The Contractor shall keep the premises free from accumulation of waste and
rubbish and at the completion of the work he shall remove from the premises all
rubbish, implements and surplus materials, and leave the site clean.
P. Indemnification
The Contractor shall indemnify, defend and hold harmless the City, its officers
agents and employees, from and against any and all claims, losses or liability, including
attomey's fees, arising from injury or death to persons or damage to property occasioned
by any act, omission or failure by this Agreement. With respect to the performance of
this Agreement and as to claims against the City, its officers, agents and employees, the
Contractor expressly waives its immunity under Title 51 of the Revised Code of
Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the
obligation to indemnify, defend and hold harmless provided for in this paragraph extends
to any claim brought by or on behalf of any employee of the contractor. This waiver is
mutually negotiated by the parties. This paragraph shall not apply to any damage
resulting from the sole negligence of the City, its agents and employees. To the extent
any of the damages referenced by the paragraph were caused by or resulted from the
concurrent negligence of the City, its agents or employees, this obligation to indemnify,
defend and hold harmless is valid and enforceable only to the extent of the negligence of
the Contractor, its officers, agents, and employees.
Q. Prevailing Wages
The Contractor shall nay all laborers. workmen and mechanics the Drevailine
wane and shall file the reauired "Statement of Intent to Pay Prevailine Wanes" in
conformance with RCW 39.12.040.
W. Discrimination Prohibited
The Contractor shall comply with all Equal Employment Opportunity
regulations and shall not discriminate against any employee, applicant for employment,
or any person seeking the services of the Contractor on the basis of race, color, religion,
creed, sex, age, national origin, marital status or the presence of any sensory, mental or
physical handicap.
IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above
written.
CONTRACTOR CITY OF TUKWILA
By: By:
TITLE: TITLE:
DATE: DATE:
ATTEST /AUTHENTICATED:
Jane E. Cantu, City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
Washington HYDRAULIC PROJECT APPROVAL North Puget Sound
I Department of 16018 Mill Creek Boulevard
FISH and RCW 77.55.021(8) Appeal Pursuant to Chapter 34.05 RCW Milt Creek, WA 98012 -1296
WILDLIFE RCW 77.55.100 Appeal pursuant to Chapter 34.05 RCW (425) 775 -1311
RCW 77.55.021(8) Appeal Pursuant to Chapter 34.05 RCW
Issue Date: February 06, 2007 Control Number: 108054 -1
Project Expiration Date: March 07, 2007 FPA/Pubiic Notice N/A
PERMITTEE AUTHORIZED AGENT OR CONTRACTOR
Tukwila City of Department of Public Works
ATTENTION: Ryan Larson
6300 Southcenter Boulevard
Tukwila, WA 98188 -2545
206 433 -0179
Project Name: Emergency culvert replacement 35th Ave S/S 128th
Project Description: Replace a broken inch culvert with winch on Riverton Creek
i=cy
PROVISIONS
1. Culvert replacement shall occur only between February 6 and March 7, 2007.
2. A temporary bypass to divert flow around the work area shall be in place prior to initiation of
other work in the wetted perimeter.
3. Large woody material in the stream system may be relocated as necessary to perform the
project, but shall not be removed from the watercourse; anchoring it is allowed and recommended.
4. Erosion control methods shall be used to prevent silt -laden water from entering the stream.
These may include, but are not limited to, straw bales, filter fabric, temporary sediment ponds,
check dams of pea gravel filled burlap bags or other material, and /or immediate mulching of
exposed areas.
5. Prior to starting work, the selected erosion control methods (Provision 4) shall be installed.
Accumulated sediments shall be removed during the project and prior to removing the erosion
control methods after completion of work.
6. Wastewater from project activities and water removed from within the work area shall be routed
to an area landward of the ordinary high water line to allow removal of fine sediment and other
contaminants prior to being discharged to the stream.
7. All waste material such as construction debris, silt, excess dirt or overburden resulting from this
project shall be deposited above the limits of flood water in an approved upland disposal site.
Page 1 of 4
j Washington
f HYDRAULIC P ROJECT APPROVAL
North Puget Sound
Department of 16018 Mill Creek Boulevard
FISH and RCW 77.55.021(8) Appeal Pursuant to Chapter 34.05 RCW Mill Creek, WA 98012 -1296
WILDLIFE RCW 77.55.100 Appeal pursuant to Chapter 34.05 RCW (425) 775 -1311
RCW 77.55.021(8) Appeal Pursuant to Chapter 34.05 RCW
Issue Date: February 06, 2007 Control Number: 108054 -1
Project Expiration Date: March 07, 2007 FPA/Public Notice N/A
8. If high flow conditions that may cause siltation are encountered during this project, work shall
stop until the flow subsides.
9. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement,
sediments, sediment -laden water, chemicals, or any other toxic or deleterious materials are allowed
to enter or leach into the stream.
PROJECT LOCATIONS
Location #1 Replace culvert
WORK START: February 06, 2007 (WORK END: March 07, 2007
WRIA: Waterbody: Tributary to:
09.0001 Duwamish River /Green River Elliott Bay
1/4 SEC: Section: Township: Range: Latitude: Longitude: County:
NW 1/4 15 23 N 04 E N 47.48859 W 122.28847 King
Location #1 Driving Directions
APPLY TO ALL HYDRAULIC PROJECT APPROVALS
This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code,
specifically Chapter 77.55 RCW (formerly RCW 77.20). Additional authorization from other public agencies may be
necessary for this project. The person(s) to whom this Hydraulic Project Approval is issued is responsible for applying
for and obtaining any additional authorization from other public agencies (local, state and /or federal) that may be
necessary for this project.
This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the
person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work.
This Hydraulic Project Approval does not authorize trespass.
The person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work may be held
liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this
Hydraulic Project Approval.
Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one
hundred dollars per day and /or a gross misdemeanor charge, possibly punishable by fine and /or imprisonment.
Page 2 of 4
Washington HYDRAULIC PROJECT APPROVAL North Puget Sound
Department of 16018 Mill Creek Boulevard
FISH and
'-Y RCW 77.55.021(8) Appeal Pursuant to Chapter34.05 RCW Mill Creek, WA 98012 -1295
WILDLIFE RCW 77.55.100 Appeal pursuant to Chapter 34.05 RCW (425) 775 -1311
RCW 77.55.021(8) Appeal Pursuant to Chapter 34.05 RCW
Issue Date: February 06, 2007 Control Number: 108054 -1
Project Expiration Date: March 07, 2007 FPA/Public Notice N/A
All Hydraulic Project Approvals issued pursuant to RCW 77.55.021 (EXCEPT agricultural irrigation, stock watering or
bank stabilization projects) or 77.55.141 are subject to additional restrictions, conditions or revocation if the Department
of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The
person(s) to whom this Hydraulic Project Approval is issued has the right pursuant to Chapter 34.04 RCW to appeal
such decisions. All agricultural irrigation, stock watering or bank stabilization Hydraulic Project Approvals issued
pursuant to RCW 77.55.021 may be modified by the Department of Fish and Wildlife due to changed conditions after
consultation with the person(s) to whom this Hydraulic Project Approval is issued: PROVIDED HOWEVER, that such
modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.301.
APPEALS INFORMATION
If you wish to appeal the issuance or denial of, or conditions provided in a Hydraulic Project Approval, there are
informal and formal appeal processes available.
A. INFORMAL APPEALS (WAC 220 -110 -340) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021,
77.55.141, 77.55.181, and 77.55.291: A person who is aggrieved or adversely affected by the following Department
actions may request an informal review of:
(A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic
Project Approval; or
(B) An order imposing civil penalties. A request for an INFORMAL REVIEW shall be in WRITING to the Department
of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia, Washington 98501 -1091 and shall be
RECEIVED by the Department within 30 days of the denial or issuance of a Hydraulic Project Approval or receipt of an
order imposing civil penalties. If agreed to by the aggrieved party, and the aggrieved party is the Hydraulic Project
Approval applicant, resolution of the concerns will be facilitated through discussions with the Area Habitat Biologist and
his /her supervisor. If resolution is not reached, or the aggrieved party is not the Hydraulic Project Approval applicant,
the Habitat Technical Services Division Manager or his /her designee shall conduct a review and recommend a decision
to the Director or his /her designee. If you are not satisfied with the results of this informal appeal, a formal appeal may
be filed.
B. FORMAL APPEALS (WAC 220 110 -350) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021
(EXCEPT agricultural irrigation, stock watering or bank stabilization projects) or 77.55.291:
A person who is aggrieved or adversely affected by the following Department actions may request a formal review of:
(A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic
Project Approval;
(B) An order imposing civil penalties; or
(C) Any other 'agency action' for which an adjudicative proceeding is required under the Administrative Procedure
Act, Chapter 34.05 RCW.
A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife HPA Appeals
Coordinator, shall be plainly labeled as 'REQUEST FOR FORMAL APPEAL' and shall be RECEIVED DURING
OFFICE HOURS by the Department at 600 Capitol Way North, Olympia, Washington 98501 -1091, within 30 -days of
the Department action that is being challenged. The time period for requesting a formal appeal is suspended during
consideration of a timely informal appeal, If there has been an informal appeal, the deadline for requesting a formal
appeal shall be within 30 -days of the date of the Department's written decision in response to the informal appeal.
C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (agricultural irrigation,
stock watering or bank stabilization only), 77.55.141, 77.55.181, or 77.55.241: A person who is aggrieved or adversely
affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a
Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to
the Hydraulic Appeals Board per WAC 259 -04 at Environmental Hearings Office, 4224 Sixth Avenue SE, Building Two
Rowe Six, Lacey, Washington 98504; telephone 360/459 -6327.
D. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 43.21 L RCW: A person
who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or
provisions made part of a Hydraulic Project Approval may request a formal appeal. The FORMAL APPEAL shall be in
Page 3 of 4
4 Nort Washington HYDRAULIC PROJECT APPROVAL
h Puget Sound
Department of 16018 Mill Creek Boulevard
FISH and RCW 77.55.021(8) Appeal Pursuant to Chapter 34.05 RCW Mill Creek, WA 98012 -1296
WILDLIFE RCW 77.55.100 Appeal pursuant to Chapter 34.05 RCW (425) 775 -1311
RCW 77.55.021(8) Appeal Pursuant to Chapter 34.05 RCW
Issue Date: February 06, 2007 Control Number: 108054 -1
Project Expiration Date: March 07, 2007 FPA/Public Notice N/A
accordance with the provisions of Chapter 43.21 L RCW and Chapter 199 -08 WAC. The request for FORMAL APPEAL
shall be in WRITING to the Environmental and Land Use Hearings Board at Environmental Hearings Office,
Environmental and Land Use Hearings Board, 4224 Sixth Avenue SE, Building Two Rowe Six, P.O. Box 40903,
Lacey, Washington 98504; telephone 360/459 -6327.
E. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS results in forfeiture of all appeal rights. If there is
no timely request for an appeal, the department action shall be final and unappealable.
ENFORCEMENT: Sergeant Chandler (34) P3
Habitat Biologist Q for Director
Larry Fisher 425 649 -7042 4 WDFW
CC:
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