HomeMy WebLinkAboutTIC 2020-07-06 COMPLETE AGENDA PACKETCity of Tukwila
Transportation and
Infrastructure Committee
•;• Cynthia Delostrinos Johnson, Chair
•••• Verna Seal
•;• Kate Kruller
AGENDA
Distribution:
City Attorney (email)
C. Delostrinos
A. Youn
Johnson (email)
Clerk File Copy
V. Seal
2 Extra
K. Kruller
K. Hougardy
Place pkt pdf on SharePoint:
D. Quinn
Z Trans & Infra Agendas
L. Humphrey
H. Hash
email cover to: F. Ayala,
H. Ponnekanti
A. Le, C. O'Flaherty, A.
H. Kirkland
Youn, B. Saxton, S. Norris,
G. Labanara
L. Humphrey
B. Still (email)
MONDAY, JULY 6, 2020 — 5:30 PM
Virtual Meeting - Members of the public may listen by dialing 1-253-292-9750 and entering conference ID 951 190 813#
(6300 BUILDING, SUITE )
Item
Recommended Action
Page
1. PRESENTATIONS
2. BUSINESS AGENDA
a) Surface Water — Gilliam Creek Fish Barrier Removal
a) Forward to 07/20/2020 Regular
Pg. 1
Resolution for RCO Grant Application (Mike Perfetti)
Consent Agenda
b) 303 Facilities Project— TCC Siding Repairs Phase III
b) Forward to 07/13/2020 Committee
Pg. 7
Construction Services (Henry Ancira)
of the Whole
3. MISCELLANEOUS
Future Agendas:
Next Scheduled Meeting: Monday, July 20, 2020
SThe City of Tukwila strives to accommodate individuals with disabilities.
Please contact the Public Works Department at 206-433-0179 for assistance.
City of Tukwila Allan Ekberg, Mayor
Public Works Department - Henry Hash, Director
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Committee
FROM: Henry Hash, Public Works Director
BY: Mike Perfetti, Habitat Project Manager
CC: Mayor Ekberg
DATE: July 3, 2020
SUBJECT: Surface Water— Gilliam Creek Fish Barrier Removal Project
Project No. 99830105
Resolution for RCO Grant Applications
ISSUE
Approve a Resolution to the State of Washington Recreation and Conservation Office (RCO) for two
grant applications for the Gilliam Creek Fish Barrier Removal Project.
BACKGROUND
The primary goals of the Gilliam Creek Fish Barrier Removal Project are to restore fish passage between
Gilliam Creek and the Green River, restore salmon habitat, and maintain or improve flood protection. The
108" flapgate would be removed and replaced with flood protection more conducive to fish passage.
DISCUSSION
This committee approved the submittal of grant applications to the RCO and King County on April 6,
2020. The RCO requires that project applicants submit a legislative authorizing resolution when applying
for grant funds. RCO has specific language required in the resolution, which has been incorporated into
the City resolution template. Staff applied for design funding to the RCO's Brian Abbott Fish Barrier
Removal Board (BAFBRB) on May 29, 2020 and the RCO's Salmon Recovery Funding Board (SRFB) on
June 29, 2020. This Resolution will be incorporated into the applications retroactively.
FISCAL IMPACT
The SRFB has labeled this project a project of concern and WRIA 9 has listed it as an alternate project,
thus removing it from funding eligibility this year unless money were to become available via returned
funds to the RCO. This Resolution will also authorize the application for any future SRFB grant rounds.
Staff continues to work with WRIA 9 and the SRFB to remove the project of concern status and achieve
a project that the SRFB will support.
Grant
RCO Grant
City match
Grant match
Total amount
2020 BAFBRB
$ 1,408,860
$ 200,000
$ 100,000
$ 1,708,860
2020 SRFB
0
0
0
0
RECOMMENDATION
Council is being asked to approve the Resolution authorizing the submission of grant funding
applications to the RCO and consider this item on the Consent Agenda of the July 20, 2020 Regular
Meeting.
ATTACHMENTS
• Draft Resolution
• Page 99, 2019 CIP
https://tukwilawa.sharepoint.com/sites/publicworks/engineering/PW Drop Box/01 TIC Agenda/Agenda Items/TIC 07-06-2020/Gilliam Creek Fish Barrier Removal Project/1. Info Memo —Gilliam Creek RCO Authorizing
Resoluti o n_20200703.docx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AUTHORIZING SUBMISSION OF AN
APPLICATION(S) FOR GRANT FUNDING ASSISTANCE FOR
THE GILLIAM CREEK FISH BARRIER REMOVAL PROJECT
(#99830105) TO THE SALMON RECOVERY FUNDING BOARD
AND TO THE BRIAN ABBOTT FISH BARRIER REMOVAL
BOARD AS PROVIDED IN RCW 77.85, RCW 77.95.180, WAC
420 AND OTHER APPLICABLE AUTHORITIES.
Organization Name (sponsor) ............ City of Tukwila, Washington
Resolution No ....................................
Project Number(s), Name(s), and RCO Project Number(s):
Project #99830105... Gilliam Creek Fish Barrier Removal Project
RCO # 20-1017, Gilliam Creek Fish Passage Preliminary Design,
and 20-1877, Gilliam Creek Fish Barrier Removal Final Design
This resolution/authorization authorizes the person identified below (in Section 2) to
act as the authorized representative/agent on behalf of our organization and to legally
bind our organization with respect to the above Project(s) for which we seek grant
funding assistance managed through the Recreation and Conservation Office ("the
Office").
WHEREAS, under provisions of WAC 420-12, state grant assistance is requested
to aid in financing the cost of the Gilliam Creek Fish Barrier Removal Project; and
WHEREAS, the City Council of the City of Tukwila considers it in the best public
interest to complete the Gilliam Creek Fish Barrier Removal capital improvement
project;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Our organization has applied for or intends to apply for funding
assistance managed by the Office for the above "Project(s)."
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Section 2. Our organization authorizes the following persons or persons holding
specified titles/positions (and subsequent holders of those titles/positions) to execute
the following documents binding our organization on the above projects:
Grant Document
Name of Signatory or Title of
Person Authorized to Sign
Grant application (submission thereof)
Allan Ekberg, Mayor
Project contact (day-to-day administering of
Mike Perfetti, Habitat Project Manager
the grant and communicating with the RCO)
RCO Grant Agreement (Agreement)
Allan Ekberg, Mayor
Agreement amendments
Allan Ekberg, Mayor
Authorizing property and real estate
Henry Hash, Public Works Director
documents (Notice of Grant, Deed of Right
of Assignment of Rights if applicable).
These are items that are typical recorded on
the property with the county.
The above persons are considered an "authorized representative(s)/agent(s)" for
purposes of the documents indicated. Our organization shall comply with a request
from the RCO to provide documentation of persons who may be authorized to execute
documents related to the grant.
Section 3. Our organization has reviewed the sample RCO Grant Agreement on
the Recreation and Conservation Office's WEBSITE at: https://rco.wa.gov/wp-
content/uploads/2019/06/SampleProjAgreement.pdf. We understand and acknowledge
that if offered an agreement to sign in the future, it will contain an indemnification and
legal venue stipulation and other terms and conditions substantially in the form
contained in the sample Agreement and that such terms and conditions of any signed
Agreement shall be legally binding on the sponsor if our representative/agent enters into
an Agreement on our behalf. The Office reserves the right to revise the Agreement
prior to execution.
Section 4. Our organization acknowledges and warrants, after conferring with its legal
counsel, that its authorized representative(s)/agent(s) have full legal authority to act and sign
on behalf of the organization for their assigned role/document.
Section 5. Grant assistance is contingent on a signed project agreement. Entering
into any project agreement with the Office is purely voluntary on our part.
Section 6. Our organization understands that grant policies and requirements vary
depending on the grant program applied to, the grant program and source of funding in
the project agreement, the characteristics of the project, and the characteristics of our
organization.
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Section 7. Our organization further understands that prior to our authorized
representative(s)/agent(s) executing any of the documents listed above, the RCO may
make revisions to its sample Agreement and that such revisions could include the
indemnification and the legal venue stipulation. Our organization accepts the legal
obligation that we shall, prior to execution of the Agreement(s), confer with our
authorized representative(s)/agent(s) as to any revisions to the project Agreement from
that of the sample Agreement. We also acknowledge and accept that if our authorized
representative(s)/agent(s) executes the Agreement(s) with any such revisions, all terms
and conditions of the executed Agreement shall be conclusively deemed to be executed
with our authorization.
Section 8. Any grant assistance received will be used for only direct eligible and
allowable costs that are reasonable and necessary to implement the project(s)
referenced above.
Section 9. If match is required for the grant, we understand our organization must
certify the availability of match at least one month before funding approval. In addition,
our organization understands it is responsible for supporting all non -cash matching
share commitments to this project should they not materialize.
Section 10. Our organization acknowledges that if it receives grant funds managed
by the Office, the Office will pay us on only a reimbursement basis. We understand
reimbursement basis means that we will only request payment from the Office after we
incur grant eligible and allowable costs and pay them. The Office may also determine
an amount of retainage and hold that amount until all project deliverables, grant reports,
or other responsibilities are complete.
Section 11. Our organization acknowledges that any property acquired with grant
assistance must be dedicated for the purposes of the grant in perpetuity unless
otherwise agreed to inwriting by our organization and the Office. We agree to dedicate
the property in a signed "Deed of Right" for fee acquisitions, or an "Assignment of
Rights" for other than fee acquisitions (which documents will be based upon the Office's
standard versions of those documents), to be recorded on the title of the property with
the county auditor. Our organization acknowledges that any property acquired in fee
title must be immediately made available to the public unless otherwise provided for in
policy, the Agreement, or authorized in writing by the Office Director.
Section 12. Our organization acknowledges that any property owned by our
organization that is developed, renovated, enhanced, or restored with grant assistance
must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by
grant program policy, or Office inwriting and per the Agreement or an amendment
thereto.
Section 13. Our organization acknowledges that any property not owned by our
organization that is developed, renovated, enhanced, or restored with grant assistance
must be dedicated for the purpose of the grant as required by grant program policies
unless otherwise provided for per the Agreement or an amendment thereto.
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Section 14. Our organization certifies the following: the Project does not conflict
with the Puget Sound Action Agenda developed by the Puget Sound Partnership under
RCW 90.71.310.
Section 15. This resolution/authorization is deemed to be part of the formal grant
application to the Office.
Section 16. Our organization warrants and certifies that this resolution/
authorization was properly and lawfully adopted following the requirements of our
organization and applicable laws and policies and that our organization has full legal
authority to commit our organization to the warranties, certifications, promises and
obligations set forth herein.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 12020.
ATTEST/AUTH ENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
De'Sean Quinn, Council President
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
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CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2019 to 2024
PROJECT: Gilliam Creek Fish Barrier Removal Project No. 99830105
DESCRIPTION: Construct fish passage improvements at existing flap gate location and replace/modify the flap gate
which may include a self-regulating tide gate.
JUSTIFICATION: Enable fish access to lower Gilliam Creek under wider range of flow conditions.
STATUS: Analysis of lower Gilliam Creek is being conducted in 2018 to determine the best solution for fish passage
and to address potential flooding.
MAINT. IMPACT: Expected to have an increase in monitoring/maintenance.
COMMENT: Grant proposals to State RCO and KC Flood Control District.
FINANCIAL Through Estimated
(in $000'sl 2017 2018 2019 2020 2021 2022 2023 2024 BEYOND TOTAL
EXPENSES
Design
39
22
554
110
725
Land (R/W)
0
Monitoring
15
15
15
45
Const. Mgmt.
200
200
85
485
Construction
1,000
1,000
550
2,550
TOTAL EXPENSES
1 39
1 22
1 0
554
1 1,200
1 1,200
1 15
15
760
1 3,805
FUND SOURCES
Awarded Grant
0
Proposed Grant
325
1,020
1,020
500
2,865
Mitigation Actual
0
Mitigation Expected
0
City Oper. Revenue
39
22
0
229
180
180
15
15
260
940
TOTAL SOURCES
39
22
0
554
1,200
1,200
15
15
760
3,805
f' Project Location
b.
2019 - 2024 Capital Improvement Program 99 6
City of Tukwila Allan Ekberg, Mayor
Public Works Department - Henry Hash, Director
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Committee
FROM: Henry Hash, Public Works Director
BY: Henry Ancira, Facilities Maintenance & Operations Superintendent
CC: Mayor Ekberg
DATE: July 3, 2020
SUBJECT: 303 Facilities Project: TCC Siding Repairs Phase III
Project No. 91630305, Facilities Work Order #28586
Construction Services
ISSUE
Execute a short form contract for construction services with Lake Washington Construction, LLC to
complete the final Phase III of the Tukwila Community Center (TCC) Siding Repairs Project.
BACKGROUND
The Tukwila Community Center's siding needs replacement in several areas all around the building.
The siding damage is the result of water intrusion over many years, due to inferior or absent flashing
protection. Due to the cost of the entire project, it was broken down into three phases. Phase I was the
north side of the building completed in 2016. Phase II was the front side of the building completed in
2017.
ANALYSIS
In 2016 the consultant, Ivary & Associates, performed the necessary architectural services to support
the construction phase of replacing the damaged siding and installing protective flashing to mitigate
water damage in the future.
Phase I and Phase II of the siding repairs were completed successfully and under budget. Phase III,
the final phase, will complete the siding repairs for the remainder of unaddressed areas of the TCC.
The MRSC Small Works Roster was used to solicit three responsive bids from construction contractors.
Lake Washington Construction, LLC was the lowest responsive bidder at $116,589 including applicable
sales tax. This amount is within the engineer's estimate. The City has used Lake Washington
Construction successfully in the past for smaller remodel projects.
FISCAL IMPACT
Construction to replace damaged siding and install protective flashing at designated areas at the TCC
will cost $116,589.00. With a 10% contingency of $11,658.90, total project costs are $128,247.90.
Attached is the 2020 Active Project spreadsheet with the current 303 Fund budget designations.
RECOMMENDATION
Council is being asked to approve the short form contract with Lake Washington Construction, LLC for
the TCC Siding Repairs Phase III Project in the amount of $116,589.00 and to consider this item at the
July 13, 2020 Committee of the Whole and subsequent July 20, 2020 Regular Council Meeting.
Attachments: 2020 Active Project spreadsheet
Short form contract for construction services with exhibit
hitps://tukwilawa.sharepoint.com/sites/publlcworks/engineering/PW Drop Box/01 TIC Agenda/Agenda Items/TIC 07-06-2020/TCC Siding Contract/1. Info Memo TCC Siding III Lake WA 06262020.docx 7
Project
Fund No.
Project
Status
2020 CIP Projects
103, 104, & 303 Funds
A B
City Funding
Funding 2020 Budget
C
D E
F
G H I
Grant/
2020
Phase 1 & II
103 Fund
Dedicated Rev
Expenditures Committed
Reductions
Balance Policy Decision Council
Funding
to Date for 2020
5/11/2020
Reduction Go / No Go? Decision
103 Fund - Residential Streets
$ 24,102 $ 353,898
1
103
99410303
42nd Ave S Phase III
Physically completed, final payments
City
$ 378,000
2
103
99110301
53rd Ave S
Utility undergrounding, Comcast next
Grant Funded
399,000
120,140
278,860
3
103
Various
(3) Safe Routes to School Projects
Not started, seeking grants, no $ to date
Grant Funded
$ 5,301,000
4
103
81910301
Traffic Calming
On hold due to negative fund balance
City
400,000
9,564
53,504
$ 350,000
5
103
Interfund Loan Repayment
Covers SCL expenditures for 42 & 53
City
1
1 336,932
Total 103 Fund $ 1,177,000
104 Fund - Arterial Streets
$ 153,806
$ 1,023,194
$ 350,000
6 104 104 Wages & Benefits Ongoing staff expenses City $ 485,383
$ 93,471 $ 391,912
7
104
98610403
Strander Blvd Extension
Closed, final 2020 grant reimbursement
City
147,362
$ 475,000
622,362
8
104
99310410
West Valley Hwy
Design funds only, underway
Grant Funded
600,000
60,237
539,763
9
104
91310407
BAR Bridge over Airport Way
Construction awarded 5/4/20
Grant Funded
-
2,614,000
17,861
2,596,139
10
104
91810404
42nd Ave S Bridge Replacement
In-depth bridge inspection
City
39,884
39,884
11
104
91810404
42nd Ave S Bridge Replacement
30% Design proposals due 5/19/20
City/WM tax
320,000
680,000
$ 1,000,000
12
104
9030404
S 144th St Bridge - Sidewalks
Not started, seeking grants, no $ to date
Grant Funded
-
227,000
13
104
92010401
Overlay & Repair 2020
Design underway, ready to bid, on hold
City
1,400,000
128,453
71,547
$ 1,200,000
14
104
82010403
Traffic Counts 2020
Ongoing, contract began 1/1/20
City
18,750
3,300
15,450
15
104
92010402
Bridge Inspections 2020
4 legally required bridge inspections
City
196,000
93,000
2,252
49,444
16
104
91710406
S 196th St/200th St Br Repair
Completed, retainage to be paid
City
1,304
16,000
17
104
91610407
S 119th St Pedestrian Bridge
Painting of pedestrian bridge on hold
City
200,000
$312k for
18
104
91510405
ADA Improvements
ADA ramps at 53, 58, on hold w/ Overlay
City
50,000
50,067
reduced
19
104
82010404
Annual Traffic Signal
Ongoing, reduced by 50%, deferred maint.
City
125,000
2,549
59,951
62,500
2020
20
104
11301302
Wetland & Envir Mitigation
Ongoing, required by permit
City
40,000
16,219
23,781
r Overlay
Repai&
21
104
82010405
Transp Element of the Comp Plan
Not started, required by GMA, due by 2021
City
400,000
400,000
(6/i/20TIC)
22
104
82010406
Walk & Roll
Update not started, on hold
City
75,000
75,000
23
104
81710404
TIB Channelization Study
Study completed, $25k balance remaining
City
25,000
25,00
24
104
Park Impact Fees Transfer to 301
Housekeeping transfer from 104 to 301
City
1,009,000
1,009,000
Total 104 Fund $ 4,331,379 $ 4,462,000
303 Fund - Facilities
$ 325,646
$ 5,835,232
$ 1,200,000
$ 1,432,500
25 Beginning Fund Balance Drawdown of fund balance $ 656,000
27
303
91930304
6300 Dry Fire Sprinkler System
Completed
City
30,000
$ 30,000
28
303
91630305
TCC Siding Repairs
2 quotes, to TIC 7/6/2020
City
200,000
$ 128,248
303
91630305
TCC Siding Repairs -Savings
Savings from bids
City
71,752
303
91630304
City Hall Siding Repairs
No started
City
100,000
$ 100,000
29
303
82030301
2020 Facilities Study/Seismic
RFPs in, not started
City
300,000
110,000
190,000
Total 303 Fund
$ 630,000
$ 30,000
$ 128,248
$ 210,000
$ 261,752
Total 1 $ 1,694,252
Lines 3 & 12, not added in totals as completely grant funded and no grants to date.
Dedicated revenues include REET, Parking tax, & MVFT
Grant funded
Line 11, Solid Waste Utility tax revenue may be reduced due to COVID-19
https.//tukwilawa.sharepoint.com/sites/publicworks/engineering/Shared Documents/Active 2020 Projects.Asx 86/30/2020
City of Tukwila Contract Number:
6200 Southcenter Boulevard, Tukwila WA 98188
CITY OF TUKWILA
Short Form Contract
Contractor/
Vendor Name: LAKE WASHINGTON CONSTRUCTION LLC. Project No. 91630305 W/O # 28586
Address: 12819 SE 38T" ST. SUITE 504
BELLEVUE, WA 98006 Budget Item: 303.98.594.180.48.00
Telephone: (206) 228-2708 Project Name: TCC SIDING REPAIRS
PHASE III
Please initial all attachments, then sign and return copies one and two to:
City of Tukwila, FACILITIES Department, 6200 Southcenter Boulevard, 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 JUNE 2020, by and between the City of
Tukwila, hereinafter referred to as "City", and LAKE WASHINGTON CONSTRUCTION LLC, hereinafter
referred to as "Contractor."
The City and the Contractor hereby agree as follows:
SCOPE AND SCHEDULE OF SERVICES TO BE PERFORMED BY CONTRACTOR. The
Contractor shall perform those services described on Exhibit A attached hereto and incorporated
herein by this reference as if fully set forth. In performing such services, the Contractor shall at all
times comply with all Federal, State, and local statutes, rules and ordinances applicable to the
performance of such services and the handling of any funds used in connection therewith. The
Contractor shall request and obtain prior written approval from the City if the scope or schedule is
to be modified in any way.
2. TIME OF COMPLETION. The work shall be commenced NO SOONER THAN AUGUST 1, 2020
and be completed no later than DECEMBER 31, 2020.
3. COMPENSATION AND METHOD OF PAYMENT. The City shall pay the Contractor for services
rendered according to the rate and method set forth on
herein by this reference. The total amount to be paid
agreement of the parties.
Exhibit A attached hereto and incorporated
'iall not exceed $116,589 except by written
4. CONTRACTOR BUDGET. The Contractor shall apply the funds received under this Agreement
within the maximum limits set forth in this Agreement. The Contractor shall request prior approval
from the City whenever the Contractor desires to amend its budget in any way.
5. PAYMENTS. The City shall make payments on account of the contract AS INVOICED BY
CONTRACTOR AS SECTIONS ARE COMPLETED AS INDICATED IN EXHIBIT A.
6. ACCEPTANCE AND FINAL PAYMENT. Final payment shall be due 10 days after completion of
the work, provided the contract is fully performed and accepted.
7. CONTRACT DOCUMENTS.
The contract includes this Agreement, Scope of Work and Payment Exhibit.
CA revised May 2020 Page 1
9
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
therefore.
The documents are to be considered as one, and whatever is called for by any one of the
documents shall be as binding as if called for by all.
The Contractor agrees to verify all measurements set forth in the above documents and to report
all differences in measurements before commencing to perform any work hereunder.
8. 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 good quality.
Contractor warrants that all workmen and subcontractors shall be skilled in their trades.
9. SURVEYS, PERMITS AND REGULATIONS. The City shall furnish all surveys unless otherwise
specified. Permits and licenses necessary for the execution 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.
10. 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
any act or neglect.
11. 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.
12. CHANGES IN WORK. The City may order changes in the work, the contract sum being adjusted
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.
13. 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.
14. OWNER'S RIGHT TO TERMINATE CONTRACT. Should the Contractor neglect to execute 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.
15. 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.
16. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, their agents,
CA revised May 2020 Page 2
10
representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of
coverage and limits as required herein shall not be construed to limit the liability of the Contractor
to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy
available at law or in equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the
limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of $1,000,000 per accident. Automobile liability insurance shall
cover all owned, non -owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be endorsed to provide
contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $2,000,000 each
occurrence, $2,000,000 general aggregate and $2,000,000 products -completed operations
aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO
occurrence form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors, products -completed operations, stop gap liability, personal injury
and advertising injury, and liability assumed under an insured contract. The Commercial
General Liability insurance shall be endorsed to provide a per project general aggregate
limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no
exclusion for liability arising from explosion, collapse or underground property damage.
The City shall be named as an additional insured under the Contractor's Commercial
General Liability insurance policy with respect to the work performed for the City using ISO
Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed
Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as
broad coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher
insurance limits than the minimums shown above, the Public Entity shall be insured for the full
available limits of Commercial General and Excess or Umbrella liability maintained by the
Contractor, irrespective of whether such limits maintained by the Contractor are greater than
those required by this Contract or whether any certificate of insurance furnished to the Public
Entity evidences limits of liability lower than those maintained by the Contractor.
C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
Liability insurance policies are to contain or be endorsed to contain that they shall be primary
insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be in excess of the Contractor's insurance and shall not contribute
with it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best
rating of not less than A: VII.
E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy
of the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement
of the work.
F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide
insurance coverage that complies with all applicable requirements of the Contractor -provided
insurance as set forth herein, except the Contractor shall have sole responsibility for determining
CA revised May 2020 Page 3
11
the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure
that the Public Entity is an additional insured on each and every Subcontractor's Commercial
General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10
01 for ongoing operations and CG 20 37 10 01 for completed operations.
G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for
this work with written notice of any policy cancellation, within two business days of their receipt
of such notice.
H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain insurance as
required shall constitute a material breach of contract, upon which the City may, after giving five
business -days' notice to the Contractor to correct the breach, immediately terminate the contract
or, at its discretion, procure or renew such insurance and pay any and all premiums in
connection therewith, with any sums so expended to be repaid to the City on demand, or at the
sole discretion of the City, offset against funds due the Contractor from the City.
17. PERFORMANCE BOND. The Contractor shall furnish to the City prior to start of construction a
performance bond at 100% of the amount of the contract and in a form acceptable to the City. In
lieu of bond for contracts less than $25,000, the City may, at the Contractor's option, hold 5% of
the contract amount as retainage for a period of 30 days after final acceptance or until receipt of
all necessary releases from the Department of Revenue and the Department of Labor and
Industries and settlement of any liens, whichever is later.
18. 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.
19. SEPARATE CONTRACTS. The City has the right to execute other contracts in connection with
the work and the Contractor shall properly cooperate with any such other contracts.
20. 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.
21. CLEANING UP. The Contractor shall keep the premises free from accumulation of waste material
and rubbish and at the completion of the work, shall remove from the premises all rubbish,
implements and surplus materials and leave the premises clean.
22. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages, losses or suits
including attorney fees, arising out of or in connection with the performance of this Agreement,
except for injuries and damages caused by the sole negligence of the City. Should a court of
competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event
of liability for damages arising out of bodily injury to persons or damages to property caused by or
resulting from the concurrent negligence of the Contractor and the City, its officers, officials,
employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the
Contractor's negligence. It is further specifically and expressly understood that the indemnification
provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51
RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by
the parties. The provisions of this section shall survive the expiration or termination of this
Agreement.
23. PREVAILING WAGES. The Contractor shall pay all laborers, workmen and mechanics the
prevailing wage and shall file the required "Statement of Intent to Pay Prevailing Wages" in
conformance with RCW 39.12.040.
24. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin,
age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the
CA revised May 2020 Page 4
12
presence of any disability in the selection and retention of employees or procurement of materials
or supplies.
25. ENTIRE AGREEMENT; MODIFICATION. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Contractor and
supersedes all prior negotiations, representations, or agreements written or oral. No amendment
or modification of this Agreement shall be of any force or effect unless it is in writing and signed by
the parties.
26. SEVERABILITY AND SURVIVAL. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any other
provisions hereof and all other provisions shall remain fully enforceable. The provisions of this
Agreement, which by their sense and context are reasonably intended to survive the completion,
expiration or cancellation of this Agreement, shall survive termination of this Agreement.
27. NOTICES. Notices to the City of Tukwila shall be sent to the following address:
City Clerk, City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature
line below.
28. APPLICABLE LAW; VENUE; ATTORNEY'S FEES. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. In the event any suit, arbitration,
or other proceeding is instituted to enforce any term of this Agreement, the parties specifically
understand and agree that venue shall be properly laid in King County, Washington. The prevailing
party in any such action shall be entitled to its attorney's fees and costs of suit.
IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above
written.
CITY OF TUKWILA
By:
Signature
By:
Signature
Printed Name: Allan Ekberg, Mayor Printed Name:
Date:
ATTEST/AUTHENTICATED:
City Clerk, Christy O'Flaherty
APPROVED AS TO FORM:
Office of the City Attorney
Title:
Date:
CA revised May 2020 Page 5
13
Lake Washington Construction LLC
12819 SE 38th St
Suite 504
Bellevue, WA 98006
Phone # 206-228-2708 lkwaconstructior&-gmail.com
Name / Address
City of Tukwila
Mike Sodon
124 42nd Ave
Tukwila
Estimate
Date Estimate # jI
5/26/2020 1344 — 4
Project
Description
Qty
Rate
Total
'
Re -Build corners in front of building (near Play area) to include:
2
5,118.00
10,236.00T
Demo siding, band board and corner trim boards, Inspect for damage.
Install new band board aprox 8 feet, new corner boards (1x6x8) 2
each,
Install new bottom trim board (1x6x4) 2 each
Extend flashing in areas as needed
Remove gutters and down spouts/as needed to install roof to wall
(Kick out flashing) and re -install gutter
Install vapor barrier and aprox 200 feet of cedar siding, caulk and
make paint ready
Prime and paint entire bump out
Fire Side Lounge
1
2,445.00
2,445.00T
Replace corner trim, band board and flashing as needed.
Install Metal cap on 2 exposed beams
Social halt
Replace trim around windows on bump out As needed.
Total
Page 1 w l i Y1 Cwde "14 b' \
Lake Washington Construction LLC
12819 SE 38th St
Suite 504
Bellevue, WA 98006
Phone# 206-228-2708 lkwaconstructiai@gmail.com
Name / Address
City of Tukwila
Mike Sodon
124 42nd Ave
Tukwila
Description
Replace corners on (4) bump out on backside of building to include:
New 13 inch band board aprox 12 feet long
New 9 inch corner board aprox 40 feet total,
new bottom trim board 12 inches wide by 12 total feet
Remove downspouts and gutter on both sides of bump out,
install new siding 60 In feet total and re -install downspouts and
gutters
Prime and paint entire bump out
2ty
4
Total
Estimate
Date Estimate #
5/26/2020 II 1344
I Project
Rate Total
5,336.00 21,344.00T
r
Page 2
15
Lake Washington Construction LLC
12819 SE 38th St
Suite 504
Bellevue, WA 98006
Phone # 206-228-2708 lkwaccixtruction@gmail.com
Name / Address
City of Tukwila
Mike Sodon
124 42nd Ave
Tukwila
Estimate
Date
Estimate #
5/26/2020
13,44
Project
Description
Qty
Rate
Total
Siding on backside of building to include:
11,875.00
11,875.00T
2 new corner board 1x6x8 feet long
Replace fascia board on gable 2 pieces 30 feet long
Replace 1x6 trim board under windows 16 feet long
Replace horizontal fascia board at 2 locations total of 100 feet
Replace aprox 12 feet of board and bat siding near social hall, bondo
area of bird holes
Replace 4 feet of board and bat siding to the right of the
maintenance door
Re nail board and bat siding as needed near banquet hall.
Rebuild corners on bump out near Rec office to include 12 feet of
band board, 22 feet of 9 inch
corner board, 22 feet 6.5 inch corner board
Extend flashing in several locations including adding flashing on band
board
Detach gutter and downspout on both sides, flash as needed. Install
60 feet of new siding
Paint entire bump out
Total
Page 3
16
Lake Washington Construction LLC
12819 SE 38th St
Suite 504
Bellevue, WA 98006
Phone # 206-228-2708 lkwaconstruction@gmail.com
Name / Address
City of Tukwila
Mike Sodon
124 42nd Ave
Tukwila
Estimate
Date I Estimate #
5/26/2020 I 1344
Project
Description
Qty
Rate
Total
New Items added'
4,675.00
4,675.00T
Replace all of the siding on "Dog house' on roof in back of the
building.
and Paint all newly installed siding
Replace additional 5/4x6 soffit trim boards (under the fascia) up to 60
In ft
It is evident there is sheeting and framing damage around windows,
3,500.00
3,500.00T
contingency money to cover this
Misc Material costs, including paint, adhesives and sealant, and
750.00
750.00T
sundries
Debris removal and dump fee.
900.001
900.00T
This Includes the use of Premium grade Primed spruce for the trim
wood
The costs have been updated to include the paying of prevailing
wage.
This Project timeline is 20 working days but may be delayed due to
weather.
A deposit of 3M will be required on or before the start date. The
balance will should be paid within 7 working days of completion
Sales Tax
10.00% 1 5,572.50
y OS
Total $61,297.50
Page 4
17
Lake Washington Construction LLC
12819 SE 38th St
Suite 504
Bellevue, WA 98006
Phone # 206-228-2708 lkwaconstruction@gmail.com
Name / Address
City of Tukwila
Mike Sodon
124 42nd Ave
Tukwila
Estimate
Date ( Estimate # I
5/26/2020 1345 I
Project
Description Qty Rate Total
Gymnasium: 8,545.00 8,545.00T
Back side (south)
Demo Trellis structure on backside of gym and patch holes from the
beams. (this structure is not repairable and is a safety concern.)
Replace up to 5 sheets of T111 and bat boards, re nail loose boards
Paint newly installed siding boards and trim
West facing (back) Gable wall I 1 6,750.001 6,750.00T
Replace up to 6 sheets of T111 and bat boards, re nail loose boards
Paint newly installed siding boards and trim
This will require some building of temporary scaffold and is included
in the price.
Front side (north east wall) only Gym side wall above (racquetball 9,750.00 9,750.00T
court)
Reside north wall with T111 board and bat siding aprox 1440 sq feet.
Paint Newly installed boards
Total —
Page 1
18
Lake Washington Construction LLC
12819 SE 38th St
Suite 504
Bellevue, WA 98006
Phone # 206-228-2708 lkwaconstruction@gmail.com
Name / Address
City of Tukwila
Mike Sodon
124 42nd Ave
Tukwila
Description �Qty
East facing gable wall
Replace up to 5 sheets of T111 and bat boards, re nail loose boards
Remove Trellis structure on eastside of building and patch holes. (this
structure is not repairable and is a safety concern.)
Paint newly installed siding,
Materials: siding, trim wood, other misc building materials
Boom lift, scaffold and other rentals
Debris removal/ dumpster
The costs have been updated to include the paying of prevailing
wage.
This Project timeline is 23 working days but may be delayed due to
weather.
A deposit of 30% will be required on or before the start date. The
balance will should be paid within 7 working days of completion
Sales Tax
Estimate
Date Estimate # 1
5/26/2020 I 1345
Project
Rate Total
8,565.00 8,565.00T
10,575.001 I
10, 575.00T
4, 500.00 ,
4, 500.00T
1,580.00�
1,580.00T
10.00% j 5,026.50
61
Total $55,291.50
Page 2
19