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HomeMy WebLinkAboutCOW 2022-01-10 Item 5C - Resolution / Proclamation - Emergency Repairs for 42nd Avenue South BridgeCOUNCIL AGENDA SYNOPSIS kJ4' „ a, 4 f Initials ITEM NO. O4 Meeting Date Prepared by Mayor's review Council review iC 1 1/10/22 LH 5.C. & a� '�/ '" ? , Spec 2.C. • 190E ITEM INFORMATION STAFF SPONSOR: LAUREL HUMPHREY ORIGINAL AGENDA DATE: 1/10/22 AGENDA ITEM TITLE Emergency Repairs for the 42nd Avenue South Bridge CATEGORY 11 Mtg Discussion Date 1/10/22 11 Motion Mtg Date 1/10/22 11 Resolution Mtg Date 1/10/22 ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR 11 Council ►1 Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ PcER ❑ Police 11 PIF SPONSOR'S The 42nd Avenue South Bridge was damaged by an over height semi -truck on 12/15/21. SUMMARY The Mayor declared an emergency on 12/21/21 in order to proceed with immediate repairs and minimize impacts to the neighborhood. The City contracted with Flame On, Inc. to repair the damage, and reimbursement will be pursued through the trucking company's insurance policy. The Council is asked to affirm the Mayor's Emergency Proclamation and ratify the Flame -On contract. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 1/10/22 MTG. DATE ATTACHMENTS 1/10/22 Informational Memorandums dated January 7, 2022 Resolution Mayor's Proclamation of Emergency dated December 21, 2021 Contract 21-185 with Flame On, Inc. Informational Memorandum revised September 10, 2021 33 34 City of Tukwilla► Allan Ekberg, Mayor Public Works Department - Hari Ponnekanti, Director/City Engineer INFORMATIONAL MEMORANDUM TO: City Council FROM: Hari Ponnekanti, P.E, Public Works Director/ City Engineer BY: Adam Cox, Transportation Project Manager DATE: January 7, 2022 SUBJECT: 42nd Ave S Bridge Impact Update ISSUE Provide an update of the 42nd Ave S bridge repairs by Flame On, Inc. BACKGROUND The notice to proceed was issued to Flame on, Inc on December 21, 2021. Flame On is a nationally renowned company in this type of rehabilitation of heat straightening methods. Flame On is locally based in Monroe, Washington. Flame On was onsite the afternoon of December 21, 2021 to begin repair work. Repairs were performed around the holidays as weather permitted and were completed on Tuesday, December 28, 2021. To verify the repairs by Flame On, King County inspectors performed an inspection of the work and TranTech performed a non-destructive test to verify the condition of the lower gusset plate, determine an updated load rating for the bridge, and complete additional structural analysis. Timeline 12/15/21 Over Height Truck struck 42nd Ave S Bridge sway frame 12/16/21 King County inspectors and TranTech engineering inspect bridge and damages 12/17/21 Flame On onsite to inspect damages and determined repairs feasible 12/21/21 Mayor signs State of Emergency Proclamation 12/21/21 Contract between City and Flame On signed 12/21/21 Flame On begins repair work 12/28/21 Flame On finishes repair work 1/3/22 Non-destructive testing completed 1/5/22 King County to inspect the bridge ANALYSIS The City has taken a quick approach to getting these repairs done given the critical nature of this bridge location and its importance to the Allentown community and businesses. This enabled the work to be done in a timely manner. NEXT STEPS • TranTech will evaluate the results from the non-destructive test • King County will perform inspections and provide a report. • TranTech will evaluate the results from the King County inspection. • The results will be analyzed to determine the next steps, which may include if the bridge requires further load restrictions or other restrictions for safe use of the structure. 35 Repair Photos Flame On on-site, looking north Flame On set up for repairs, looking north Mag -particle inspection at the east gusset plate Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 36 Damaged Vertical member on the east truss, looking west Repair to the horizontal and vertical member of the east truss, looking east RECOMMENDATION Discussion only. ATTACHMENTS: 42°d Ave S Bridge Photos Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 37 City of Tukwila Allan Ekberg, Mayor Public Works Department - Hari Ponnekanti, Director/City Engineer Loss of Toad on bridge, looking north Damaged horizontal member, looking west Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 38 City of Tukwila Allan Ekberg, Mayor Public Works Department - Hari Ponnekanti, Director/City Engineer Damage to the horizontal and vertical member, looking northwest Flame On on-site, looking north Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 39 City of Tukwila Allan Ekberg, Mayor Public Works Department - Hari Ponnekanti, Director/City Engineer Repair to the horizontal member, looking north Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gou • Website: TukwilaWA.gov 40 City of Tukwila► Allan Ekberg, Mayor Public Works Department - Hari Ponnekanti, Director/City Engineer INFORMATIONAL MEMORANDUM TO: City Council FROM: Hari Ponnekanti, P.E, Public Works Director/ City Engineer BY: Adam Cox, Transportation Project Manager DATE: January 7, 2022 SUBJECT: 42nd Ave S Bridge Impact — Proclamation and Contract Ratification ISSUE Ratify the Mayor's Emergency Proclamation and the emergency contract with Flame On for repairs of the 42' Ave S Bridge. BACKGROUND On Wednesday, December 15th, 2021 at approximately 11:00 am an over height truck was traveling northbound on the 42nd Ave S Bridge. The truck struck one sway frame of the bridge and inflicted some critical damages to the mentioned sway frame and its associated vertical elements of the through - trusses of the bridge. It appears that no member of the truss bridge has been separated nor sheared off and the damages are limited to the one mentioned sway frame area. The bridge was immediately closed until the inspection team provided by King County could perform the critical finding inspection in coordination with the structural analysis team, TranTech Engineering, Inc. Both King County and TranTech are well -versed on the 42nd Ave. S. Bridge and its history. The inspection team was onsite on Thursday morning, Dec 16, with assistance of City staff and equipment the inspection was completed at approximately 12:45 pm. A local steel strengthening contactor (Flame On, Inc.) was available for a site visit on Friday, December 17th to assess the damage and the possibility of repair. Given the photographs from the inspection and their heat strengthening experience, the contractor was confident that the steel members could be bent back in place. Because of the type of bridge strike at issue, it is believed that the bridge can be safely repaired. King County inspectors, TranTech structural engineers and City engineers all agree with this direction. ANALYSIS The recommendation from King County Inspectors is to keep the bridge closed to all traffic while this further analysis is being performed, please refer to the attached Critical Damage Bridge Repair Report. Based on this report, and according to TranTech's Structural Memo, the recommendation is to have Flame On repair the damaged members and a new load rating should be performed to verify that the strength of the compromised steel is at or near the original strength and that the vertical steel beam would not cause a reduction in the load capacity of the bridge. In order to expedite the repair and restoration of the bridge, the mayor has declared a State of Emergency on Tuesday, December 21, 2021. The City will then contract with Flame On to initiate the repairs. The work must be performed in dry weather and could take from four to six weeks to complete. Once Flame On has finished its work, King County Inspectors and TranTech will provide additional analysis and determine load rating and structural analysis. FINANCIAL IMPACT City staff members are pursuing the insurance of the driver of the truck that impacted the bridge to file a claim to recoup all of the costs incurred as shown below. In addition to the costs shown below any traffic 41 control devices rented by the City and staff overtime hours spent on the traffic re-route will be billed to this claim. King County Inspection Services TranTech Engineering, Inc. Flame On, Inc. Tax (10.1%) Total Cost Estimate $9,025.00 27,645.00 164,000.00 20,267.67 $220,267.67 RECOMMENDATION The Council ratify the Mayor's Emergency Proclamation and emergency contract with Flame On at the January 10, 2021 Special Council Meeting. ATTACHMENTS: Critical Damage Bridge Repair Report 42nd Ave S Bridge Critical Damage Structural Memo Resolution Emergency Proclamation Flame On Contract Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 42 Washington State Department of Transportation Critical Damage Bridge Repair Report �,,;e., c; ri .rise King County DLS Bride h4arie 42nd Ave South Bridge S7ucture Identifier 08109700 Bridge Number TUKxNx14 Bridge Location 0.1 mile N of Interurban Ave S on 42nd Ave S Inspector's Initials MAG Inspector's ID Number G1103 Inspection Date December 16, 2021 Descri:}e Deficiency The 42nd Ave South Bridge was closed Wednesday afternoon 12-15-2021 due to a high load strike. At impact the load was torn from the truck and landed on the deck. The 42nd Ave Bridge is a Riveted Steel Thru Truss. The truss is skewed at 38°. The high load impact struck the upper lateral bracing between vertical members WU1-L1 and EU2-L2 above the north bound lane near the east truss. At the impact point the lateral bracing is buckled and out of plane up to 18", the south flange has sine wave crimps. The west vertical WU1-L1 is buckled just below the lateral connection. The SE angle flange at the buckle is bent over the rivets for 18" where the load flipped off the trailer and impacted the vertical. The east vertical EU2-L1 is buckled 5' above the deck and out of plane approx. 10". It is also buckled at the WU2 gusset connections on the north flange and just above the gusset WL2 north flange. The Fracture Critical Plan indicates WU 1-L 1 as a tension member and EU2-L2 as neutral. Describe Recommended Repair Recommend Structural Analysis. The bridge is to remain closed for further analysis. Date '° ork To Be Finished By Submitted By Margaret Germeaux Date Submitted 12/16/2021 `Nark Done Date 'Nork Finished Submitted By Date DOT F0 , 144151 EF Reused 11d2O01 43 44 Id TRANTECH Engineering LLC STRUCTURAL MEMO Date: December 17, 2021 To: Adam Cox, PE — City of Tukwila Public Works Department From: Kash Nikzad Re: 42nd Ave S Bridge Critical Damage City of Tukwila's (City) 42nd Ave S Bridge was subject to a high impact load from a truck on Wednesday 12/15. The truck struck one sway frame of the bridge and inflicted some critical damages to the mentioned sway frame and its associated vertical elements of the through -trusses of the bridge. The bridge was closed shortly after this incidence by City Police Department and on Thursday 12/16, the King County inspection crew performed an in-depth inspection of the damaged areas. Attached please find the preliminary Critical Damage Report from the County and some inspection photos. From observations made by TranTech, it appears that no member of the truss bridge has been separated and sheared off and the damages are limited to the one mentioned sway frame area. On Friday 12/17, the City and TranTech team met a heat straightening contractor, Flame On Inc., at the site and it was determined that this repair is feasible and effective for repair of the observed damages. TranTech recommends that the City obtains the services of this contractor for repair of the described sway frame damages. Should you have questions, please call me at 425-894-8937 or email me at knikzad@trantecheng.com Sincerely, Kash Nikzad, Ph.D., PE Senior Structural engineer TranTech Engineering, LLC Attachments: Critical Damage Report and Inspection Photos TranTech Engineering, LLC 365 —118th Ave SE, Suite 100, Bellevue, WA 98005 425-453-5545. Fax: 425-453-6779 45 Critical Damage Report and Inspection Photos TranTech Engineering, LLC 365 — 118`" Ave SE, Suite 100, Bellevue, WA 98005 425-453-5545. Fax: 425-453-6779 46 TranTech Engineering, LLC 365 —118' Ave SE, Suite 100, Bellevue, WA 98005 425-453-5545. Fax: 425-453-6779 47 48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING AN EMERGENCY IN RESPONSE TO DAMAGE CAUSED TO THE 42ND AVENUE SOUTH BRIDGE ON DECEMBER 15, 2021. WHEREAS, the 42nd Avenue South Bridge is a 72 -year-old steel -truss crossing that spans the Duwamish River near Highway 599; and WHEREAS, on Wednesday, December 15, 2021, at approximately 11:15 A.M., an over height semi -truck hit the 42nd Avenue South Bridge, causing damage to vertical and horizontal structures on the bridge; and WHEREAS, the 42nd Avenue South Bridge is a critical infrastructure that provides access to the Allentown neighborhood, the BNSF intermodal yard, and Baker Commodities and serves as an east -west connection across the Duwamish River for the region, hosting 3,000 trucks and 7,000 passenger vehicles per day; and WHEREAS, after consultations with City engineers, King County bridge inspectors, the City's contract engineering firm, and a contractor with experience repairing such bridges, all agreed that the most prudent action would be immediate repair of the bridge, while continuing the longer-term effort to fully replace the bridge by 2025; and WHEREAS, the City will be seeking reimbursement for the full cost of the repair; and WHEREAS, the Mayor of Tukwila declared an emergency on December 21, 2021, in order to allow accelerated contracting and administration of funds to repair the damage and prevent further impacts to the community; and WHEREAS, the City Council wishes to provide their support and endorsement of the Mayor in his action to declare an emergency and for the City's efforts to respond to the emergency; CC: Legislative Development\Emergency-42nd Ave S Bridge damage 1-3-22 LH:bjs Page 1 of 2 49 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The City Council supports the Mayor in his declaration of emergency and authorizes the execution of contracts or agreements relating to damages caused to the 42nd Avenue South Bridge, and hereby authorizes City forces to respond in the most effective and expedient manner, without regard for the procedures and formalities that would otherwise govern the assignment of duties, procurement of materials, and contracting of services. This situation is an emergency as defined in RCW 39.04.280(3). PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of , 2022. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Thomas McLeod, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Office of the City Attorney CC: Legislative Development\Emergency-42nd Ave S Bridge damage 1-3-22 LH:bjs 50 Page 2of2 r ffl Office of the Mayor City of Tukwila, Washington PROCLAMATION WHEREAS, the Revised Code of Washington (RCW) Chapter 38.52 authorizes the Mayor to exercise emergency powers; and WHEREAS, Tukwila Municipal Code (TMC) Section 2.57.030 (1) empowers the Mayor to proclaim a state of emergency when an incident, whether natural or man-made, requires immediate responsive action to protect life and property; and WHEREAS, the 42nd Avenue South Bridge is a 72 -year-old steel -truss crossing that spans the Duwamish River near Highway 599; and WHEREAS, on Wednesday, December 15, 2021 at approximately 11:15 A.M. an over height semi -truck hit the 42nd Avenue South Bridge, causing damage to vertical and horizontal structures on the bridge; and WHEREAS, the 42nd Avenue S. Bridge is a critical infrastructure that provides access to the Allentown neighborhood, the BNSF intermodal yard, Baker Commodities and serves as an east/west connection across the Duwamish River for the region, hosting 3,000 trucks and 7,000 passenger vehicles per day; and WHEREAS, after consultation with City engineers, the King County bridge inspectors, the City's contract engineering firm, and a contractor with experience repairing such bridges, all agree that most prudent next step would be to immediately repair the bridge, while continuing the City's longer-term effort to fully replace the bridge by 2025; and WHEREAS, while repair of the bridge will reduce impacts to the neighborhood of trucks rerouting in other areas, the City remains committed to working with the neighborhood to identify an alternative access for trucks servicing the intermodal yard; and WHEREAS, the Mayor does hereby find that the recent damage to the Bridge constitutes an Emergency, as defined by TMC Section 2.57.020 and Revised Code of Washington 38.52.010; WHEREAS, the aforesaid conditions necessitate the proclamation of the existence of a local emergency in order to protect public safety and property. NOW, THEREFORE, I, Allan Ekberg, Mayor of the City of Tukwila, do hereby proclaim a State of Emergency within the City of Tukwila; and that during the existence of said Emergency, the powers, functions, and duties of the Director of Emergency Management and the emergency organization of this city shall be those prescribed by state law, by ordinances, and resolutions of this city and approved by the Mayor on December 21, 2021. Said local emergency shall be deemed to continue to exist until its termination is proclaimed by the Mayor of the City of Tukwila, State of Washington. Executed this 21st day of December, 2021. Allan Ekberg Mayor 51 52 1. Contractor/ Vendor Name: Address: Telephone: City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Flame On, Inc. 12632 Wagner Rd Monroe, WA 98272 (425) 397-7039 CITY OF TUKWILA Short Form Contract Contract Number: 21-185 Approved per Emergency Proclamation 12/21/21 Project No. 2211040 . 199.100 Budget Item: Project Name: 42" Ave S Bridge Repair Please initial all attachments, then sign and return copies one and two to: City of Tukwila, Public Works 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 21st day of December 2021, by and between the City of Tukwila, hereinafter referred to as "City", and Flame On, Inc., hereinafter referred to as "Contractor." The City and the Contractor hereby agree as follows: 1. 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 on December 21, 2021 and be completed no later than March 1, 2022. 3. COMPENSATION AND METHOD OF PAYMENT. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit A attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $180,564.00. 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 at completion of the project. 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. 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 CA revised May 2020 Page 1 53 • 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 forthe 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, 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: CA revised May 2020 54 Page 2 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' Com ensation 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 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 CA revised May 2020 Page 3 55 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 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 CA revised May 2020 56 Page 4 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 eSIgne,SeamleccOoGc.cout HP citth4S�9w By: Signature Printed Name: Allan Ekberg, Mayor Date: 12/21/2021 ATTEST/AUTHENTICATED: eh4zdt9 06;ilahts'At9 City Clerk, Christy O'Flaherty APPROVED AS TO FORM: BY: ei,ned via Seamlesspocs.com G/(1 -24.,e; Oe. a -Wee Office of the City Attorney CA revised May 2020 By: Signature Printed Name: Title: Date: )ce Page 5 02 57 58 1111111(1111111111111111 STRUCTURAL ST December 17, 2021 City ofTukwila 42""Ave South Bridge FLARE: Heat straightening repair of 42nd Ave South Bridge, Exhibit A E STRAIGHTENING Following is the quote for the repair of the above referenced structure that was damaged by an over height load on Wednesday the 15th of December, 2021. Below is what Flame On will provide in this quote: 1) Heat straightening of first sway frame from the south that was damaged 2) Heat straightening of both vertica posts associated with first sway frame damaged. 3) Heat straightening of associated diagonal members and gusset plates as needed 4) Gas requirements 5) Emergency mobilization 6) Manlift needed for access to vertical posts heats 7) Touch up painting after work is cornplete with Wasser Coatings. Flame On can mobilize as soon as the OK is given and acceptance of this quote, We anticipate 5-7 days of work to complete but please understand that weather wiI play a factor in the completion of this work as we cannot heat when it is raining. We are usually able to heat in a light rain but nothing niore. Total cost for this work. 164,000 + tax This costs reflects having to anticipate my crew having standby days that may not be able to be worked due to weather but standing by and working every day we are able to minus actual Christmas and New Years. This quote does not inc!ude bonding or excess insurance requirements. Respectfully, Darryl Thomas (425) 397-7039 Fax (425) 397-7002w12632 Wagner RdwMonroe, WA 98272 •w�.flameoninc.com 59 60 City of Tukwila► Allan Ekberg, Mayor Public Works Department - Hari Ponnekanti, Director/City Engineer INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Hari Ponnekanti, Public Works Director/City Engineer BY: Adam Cox, Transportation Program Manager CC: Mayor Allan Ekberg DATE: September 10, 2021 (Revised after September 13, 2021 T&I) SUBJECT: 42nd Ave South Bridge Replacement Project- 100% Design Project No. 91810404 Contract No. 20-116, Change Order No. 1 ISSUE Approve a supplemental agreement for Contract No. 20-116 with TranTech Engineering, LLC (TranTech) for 100% plans, specifications, and engineering estimate (PS&E) for the design phase of the 42nd Avenue South Bridge Replacement Project. BACKGROUND On November 02, 2020, Council awarded the design contract to TranTech for the 42nd Ave S Bridge Replacement Project. TranTech provided scope of work and estimated design costs for 30% plans and engineering estimate (P&E) and 100% PS&E as part of their contract bid. Council made the decision to move forward with the 30% P&E as part of TranTech's original contract and re-examine options for 100% PS&E once additional funding was secured. The intent of starting the initial design was to make the replacement project more competitive for the federally funded Local Bridge Program grant (formerly known as BRAC) call for projects that was scheduled to be announced in late 2020. In March of 2021, the Puget Sound Reginal Council (PSRC) announced that contingency funds were available and PSRC Transportation Policy Board members would be selecting projects to receive these funds. In June 2021, because of the continued support and efforts of the Council President, the City received notification that it was selected to receive $1.5M federal contingency funding from the PSRC to be applied toward the design phase of the 42nd Ave S Bridge Replacement Project. These funds will cover the remaining design expenses and move the project to a `shovel -ready status'. ANALYSIS Staff conducted the initial consultant selection process for the project in accordance with the WSDOT Local Agency Guideline (LAG) manual to ensure the selected consultant would be approved by WSDOT and expenses would be eligible for grant reimbursement. Given that federal protocol was adhered to during the selection process, WSDOT Local Programs Department has determined that TranTech is an approved consultant to perform the remaining design work without the need to readvertise or reinterview design consultants, a process that would take a minimum of three months. The ability to move forward with 100% design through the existing contract with TranTech will provide the City with costs savings and prevent project delays. 61 INFORMATIONAL MEMO Page 2 FISCAL IMPACT The contract supplement to bring the 30% P&E to 100% PS&E design is estimated to be $1,528,174.00, which accounts for the original estimate of 1,483,203.00 in addition to $44,971.00, for the WSDOT overhead increase from 120% to 131.38%. The new contract total will be $2,606,661. The PSRC grant will fund $1,500,000 and the WSDOT Local Bridge Program grant will fund $28,174 of the design costs. The remaining will be covered by City funds up to $1,078,487, which were approved as part of the original contract. TranTech's scope of work and cost estimate are attached. Contract Estimate Funding Sources Original Contract Supplement Estimate WSDOT Overhead Total $1,078,487 1,483,203 44,971 City Funding PSRC Grant WSDOT Grant $1,078,487 1,500,000 28,174 $2,606,661 $2,606,661 RECOMMENDATION Council is being asked to approve a supplemental agreement for 100% design services with TranTech Engineering in the amount of $1,528,174.00 for the 42nd Ave S Bridge Replacement Project and consider this item on the Consent Agenda at the September 20, 2021 Regular Meeting. Attachments: 2021 CIP, Page 9 Revised CIP Page Supplemental Agreement Supplemental Scope of Work and Budget Original Contract Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 62