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HomeMy WebLinkAbout20-075 - AtWork! Commercial Enterprises, LLC - Riverton Creek Flapgate Removal Project Restoration Phase IITO: Transportation and Infrastructure Services Committee FROM: Hari Pmmmekanti,Public Works Director/City Engineer BY: Mike Perfetti. Surface Water Sr. Program Manager DATE: April 23.2024 SUBJECT: Riverton Creek Flapgate Removal Pro"ect — Phase 2 Project No. 99830103, Contract No. 20-076 Change Order No.2 ISSUE Approve Change Order No. 2 t Contract 2O-O75with AtVVork! Commercial Enterprises, LLC of Bellevue, WA. BACKGROUND |n2O21.AdWork! Commercial Enterprises the initial clearing and planting associated with the Riverton Creek FlapAate Removal Project, Phase 2. This project included restoration of 1.48 acres of native riparian vegetation along Riverton Creek and 0.45 acres along the Duwamish River. Most ofthe project area is within WSDOT riht-of-way,ondiosubiectto1hehennaondconditiunaofthe1D-veor Maintenance Agreement between the City of Tukwila and WSDO T (GMB 120 1) Riverton Creek — SR 598/3R88Vicinity, which expires onSeptember 21.2O31. DISCUSSION Change Order no. 2 extended the contract through April 30, 2026 to include years 2 and 3 of maintenance. Generally, the first 3years oreqare the most critical periods mfplant establishment, where plants need supplemental water and weed control to survive or thrive and outcompete invasive, non-native plants. |[|manticipated that the two-year period encompassed |nthis change order will see u reduction inmaintenance from previous years. Hence, watering isincluded inthe contract, but will be initiated solely atthe discretion ofthe City inresponse toearly signs ofduress orduring extreme drought conditions FISCAL IMPACT (All amounts include sales tax) Change order No. 2includes additional compensation of$38.G3G.00.raising the tax -inclusive contract total to $202,758.40. This change order will be paid from the Green the Green Program CIP's $295,000 budgeted utility revenue spanning years 2024-2O2G. Contract Amount Utility Revenue |niUe| Contract $106.090.60 - Change Order No. 1 $57.031.80 - Change Order No. 2 $39.636.00 $39.836.00 Total $202,758.40 RECOMMENDATION Staff recommends approval of Change Order No. 2, with an increase of $39,636.00 and atwo-year contract extension ending on April 30, 2026. Aftachments Change Order wo.2 20-075(b) Council Approval N/A Sheet 1 of 1 V Y .................... 9 �`I. `�` .sy CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 2 ..................... 7308 DATE: April 23, 2024 BUDGET NO.: 412.98.594.382.65.00 PROJECT NO.: 99830103 CONTRACT NO.: 20-075 PROJECT NAME: Riverton Creek Flapgate Removal Project Phase 2 TO: At Work! Commercial Enterprises You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the "Owner" and a notice to proceed is issued. Conditions: A. The following change, and work affected thereby, are subject to all contract stipulations and covenants; B. The rights of the "Owner" are not prejudiced; C. All claims against the "Owner" which are incidental to or as a consequence of this change are waived; and D. The Contractor must submit all Field Overhead and Home Office Overhead Rates for approval in advance of all change orders. CHANGE: See Attached Exhibit "A" We the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above and below. ACCEPTED: Date Contractor 10�1 S14 Title business development manager Original Contract (without tax) $ 96,446.00 APPROVED BY THE CITY OF TUKWILA 4/24/2024 1 4:01 PM PDT Previous Change Order (without tax) $ 51,800.00 Date S'g d by This Change Order (without tax) $ 36,000.00 By �P FT�Wxs h((,", $$0 45B44C... REV. CONTRACT AMOUNT $ 184,246.00 D11"S11"Id by Original Contract Time: ended April 30, 2022 City Engineer NAY1 P°WAkab Additional Contract Time for this Change Order: 2 years Updated Contract Time: April 30, 2026 ORIGINAL: City Clerk (1 of 2) Contractor (2 of 2) PW Project Finance File cc: Finance Department (w/encumbrance) Project Management File (1112014) EXHIBIT "A" CHANGE: Added Area to Project Area Add additional area to the contract scope of work to include the area planted and maintained for 1 -year as part of the Riverton Creek Flapgate Removal Project Phase 1. This area, and the as - built planting plan, are shown in Exhibit A-1. The planted area adjacent to the parking lot, on the uphill side of the concrete lag wall has an automatic irrigation system and will be maintained by the property owner. 2 years of restoration maintenance Provide weed control of blackberry, Reed Canary Grass, Knotweed, Ivy, Black Hawthorne, and any other invasive weeds growing in the buffer. Perform weed control three times per year or as needed, typically in spring, late summer and fall. Weed control methods will include minimizing competing grasses and invasive vegetation throughout the buffer, especially 3 feet surrounding each plant by spraying an approved herbicide and/or mechanical weeding. Cost: $12,000/yr x 2 yrs 424,000 Watering Watering will be triggered ONLY with prior authorization by the City. Because the plants have been maintained and watered for three years, it is presumed that they are established and largely adapted to their environment. However, if indications of drought are noticeable and deemed threatening, the City may authorize the Contractor to proceed with watering. Watering must occur within three (3) working days of notification. Water shall be applied to each plant as specified by City and shall penetrate 12 inches into the soil, not including any mulch or organic matter on top of the soil. The contractor shall use a hand trowel to verify that water has infiltrated to the appropriate depth for restoration sites. Cost: Initial Watering: $3,000 Regular Watering per Occurrence: $1,500 x 6 = $9,000 Total = $12,000 COST AND TIME CONSIDERATIONS: The scope of services is valued at $36,000.00 plus $3,636.00 in taxes for a total of $39,636.00. See Exhibit A2. Extend the contract by two years, ending on April 30, 2026. vlmmfll go AiLij N Mb21a MI ]2i M C i' o � y3i�R1 HSIWtl1"'0(3 z o m �N w wrw ury � 0 S � r m III _ I FN III ry a o 3� _$ .,Ifs. � F W W ~ I ¢ � J a� i w U C� o <o W z LL d III - ralo�l o Ua3w y�a�w��� �a�w waa -azazz� e�o¢w�`u'¢m9�wQ Z O Q J � W U) ZZ W w Q Q U wOf w U)O 0 J Z Z �g ZCL Z g U. o �� N ¢Nam cs Nz~WN�U Jr �a I® zh¢sa&�9o< w Y W ri LL W yw e f o J � a 2 zzpW ® x w m o w�a dw a 3a a i EXHIBIT A2 Atwork! Commercial Enterprise LLC Headquarters: 1935 152"d PI Ne Bellevue, WA 98007 Operations Center: 690 NW Juniper Street Issaquah WA 98027 (425) 274-4026, (206) 434-6623 Contract Extension Proposal City of Tukwila Johns1(C.atworkwa.org 4/16/2024 RIVERTON CREEK FLAPGATE REMOVAL PROJECT Contract Extension Project No. 99830103 Scope of Work for Maintenance Contract Extension 2 year extension of existing contract (May 2024 to April 2026) Invasive Weeds Maintenance Provide weed control of blackberry, Reed Canary Grass, Knotweed, Ivy, Black Hawthorne, and any other invasive weeds growing in the buffer. Perform weed control four times per year or as needed, typically in Spring, early summer, late Summer, Fall. Weed control methods will include minimizing competing grasses and invasive vegetation throughout the buffer area especially aft surrounding each plant by spraying an approved herbicide and/or mechanical weeding. Litter Control Remove litter and debris from the work areas four times per year. Haul off and dispose. Pricing: $12,000.00 Per Year - plus appropriate taxes EXHIBIT A2 Optional Work: Watering Watering Provide watering as requested. Estimated occurrence to be four times per year. Watering to include all costs including labor, equipment, water meter and its costs, water use charges. The watering method is to be by use of hoses from a PVC main line that is attached to the temporary hydrant meter. Initial Watering (includes set up and main line): $3,000.00 Regular watering per occurrence: $1,500.00 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2023 to 2028 PROJECT: Green the Green Program Project No. 91641202 This program supports revegetation efforts along watercourses within the City with main goal of providing habitat DESCRIPTION: and reducing water temperatures. Funding may be utilized for costs related to planting or maintenance and include City and partner projects that contribute to the goals. JUSTIFICATION: WRIA 9 has identified warm water temperatures as an impediment to salmon recovery, and has also started a funding program called, "ReGreen the Green" which aims to support revegetation projects along the river. 35 Pilot project at NC Machinery & Southcenter Plaza completed and in ongoing maintenance. Funds maintenance STATUS: of recently completed surface water CIP projects meeting program goals. Other opportunities are being identified 20 in a collaborative interdepartmental effort. MAINT. IMPACT: Expected to increase maintenance. COMMENT: Grant funding ongoing. Funding to date has come from WRIA9, King Co., and the Rose Foundation. FINANCIAL Through Estimated (in $000's) 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES Design 35 20 5 20 5 20 5 30 140 Land (RAN) 5 5 3 5 18 Monitoring & Maint. 10 8 160 50 80 30 60 60 45 503 Const. Mgmt. 9 25 0 25 20 20 99 Construction 181 100 100 100 100 581 TOTAL EXPENSES 1 235 1 81 185 1 180 1 105 1 160 1 80 1 188 1 200 1 1,341 FUND SOURCES Awarded Grants KC 172 8 29 209 Proposed Grants 40 50 50 50 50 50 50 340 Rose Foundation 25 25 Mitigation Expected 0 Utility Revenue 38 0 116 130 55 110 30 138 150 767 TOTAL SOURCES 235 8 185 180 105 160 80 188 200 1,341 2023 - 2028 Capital Improvement Program PM 80 20-075(a) Council Approval 4/18/22 Sheet 1 of 1 CITY OF TUKWILA CONTRACT CHANCE ORDER NO. 1 DATE: March 9, 2022 BUDGET NO.; 412.98.594.382.65.00 PROJECT NO.: 99830103 CONTRACT NO.: 20-075 PROJECT NAME: Riverton Creek Flapgate Removal Project Phase 2 TO: At Work! Commercial Enterprises You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the "Owner" and a notice to proceed is issued, Conditions: A. The following change, and work affected thereby, are subject to all contract stipulations. and covenants; B. The rights of the "Owner' are not prejudiced; C. All claims against the "Owner" which are incidental to or as a consequence of this change are waived; and D. The Contractor must submit all Field Overhead and Home Office Overhead Rates for approval in advance of all change orders. CHANGE: See Attached Exhibit "A" We the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved,. that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above and below. ACCEPTED: Date By ice, Original Contract (without tax) $ 96.,446:00 Previous Change Order This Change Order (without tax) REV. CONTRACT AMOUNT Contractor Ak,,�k Co=.+.•�- i-Pvt"3� Title 11,c5 ,%-%s5. APPROVED BY THE CITY OF TUKWILA NA Date 04/25/2022 51,800.00 By HP Mayor $ 148;246.00 Original Contract Time: ended April 30, 2022 Additional Contract Time for this Change Order: 2 years Updated Contract Time: April 30, 2024 ORIGINAL: City Clerk (1 of 2) Contractor (2 of 2) PW Project Finance File ...... C�CI%GG �O-i'2%LCP�CLlL�G City Engineer — cc: Finance Department (wlencumbrance) Project Management File (1112014) EXHIBIT "A" CHANGE: 2 years of restoration maintenance Provide weed control of blackberry, Reed Canary Grass, Knotweed, Ivy, Black Hawthorne, and any other invasive weeds growing in the buffer. Perform weed control three times per year or as needed, typically in spring, late summer and fall. Weed control methods will include minimizing competing grasses and invasive vegetation throughout the buffer especially 3 feet surrounding each plant by spraying an approved herbicide and/or mechanical weeding. Adaptive Management At the direction of the Engineer, the Contractor will procure, install and maintain, within the project area native plants to fill in gaps or respond to changing site conditions. This item will be paid on a time and materials basis not to exceed $5,000, plus 10.1 % sales tax. COST AND TIME CONSIDERATIONS: The scope of services are valued at $51,800.00 plus $5,231.80 in taxes for a total of $57,031.80. Extend the contract by two years, ending on April 30, 2024. Atwork! Commercial Enterprise LLC Headquarters: 1935 152nd PI Ne Bellevue, WA 98007 Operations Center: 690 NW Juniper Street Issaquah WA 98027 (425) 274-4026, (206) 434-6623 Contract Extension Proposal City of Tukwila o IY n ns 1(- 2/27/2022 atwo irll<wa . oir ..............................2 / 2 7/ 2 0 2 2 RIVERTON CREEK FLAPGATE REMOVAL PROJECT Contract Extension Project No. 99830103 Scope of Work for Maintenance Contract Extension 2 year extension of existing contract (May 2022 to April 2024) Invasive Weeds Maintenance Provide weed control of blackberry, Reed Canary Grass, Knotweed, Ivy, Black Hawthorne, and any other invasive weeds growing in the buffer. Perform weed control three times per year or as needed, typically in Spring, late Summer, Fall. Weed -control methods will include minimizing competing grasses and invasive vegetation throughout the buffer especially 3 feet surrounding each plant by spraying an approved herbicide and/or mechanical weeding. Watering Provide watering for newly installed plantings as needed. Watering to include all costs including labor, equipment, water meter and its costs, water use charges. Litter Control Remove litter and debris from the work areas two time per year, once in the spring/summer and once in summer/fall. Haul off and dispose. Pricing $20,900.00 Per Year - plus appropriate taxes CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2021 to 2026 PROJECT: Green the Green Program Project No. 91641202 DESCRIPTION: Interdepartmental effort to provide trees along the Green River and its tributaries in order to provide shade and cooler water temperatures to threatened salmon and steelhead. JUSTIFICATION: WRIA 9 has identified warm water temperatures as an impediment to salmon recovery, and has also started ®5123IS a funding program called, "ReGreen the Green" which aims to support revegetation projects along the river. STATUS: CIP utilized for restoration at NC Machinery & Southcenter Plaza. Planting completed and maintenance began 30 in 2020. Other opportunities are being identified in a collaborative effort between Public Works and DCD. MAINT. IMPACT: Expected to increase maintenance. COMMENT: Grant funding ongoing. Funding to date has come from WRIA9, King Co., and the Rose Foundation. FINANCIAL Through Estimated (in $000's) 2019 2020 2021 2022 2023 2024 2025 2026 BEYOND TOTAL EXPENSES Project Location ®5123IS Design 30 5 20 5 20 5 20 5 30 140 Land (R/W) S1 St vo �'� S 5 5 S 437 � III � 3 5 18 Monitoring 10 20 20 30 30 20 45 45 220 Const. Mgmt. 2 7 20 20 20 20 89 Construction 45 136 100 S 100 100 100 581 TOTALEXPENSES1 77 1 158 1 451 145 1 55 1 155 1 40 1 173 1 200 1 1,048 FUND SOURCES W .yJO Awarded Grants KC 19 113 e ii Tuk"Mls Pkwy s 1 SO st tp 132 Proposed Grants 50 50 50 50 200 Rose Foundation 13 12 25 Mitigation Expected 0 City Oper. Revenue 45 33 45 95 55 105 40 123 150 691 TOTAL SOURCES 1 77 1 158 1 451 145 1 55 1 155 1 40 1 173 1 200 1 1,048 2021 - 2026 Capital Improvement Program 82 Project Location ®5123IS N S 30 St OC +N N 1F S1 St vo �'� S S 437 � III � m S 139 ru � y �4% D ID D m P' 96 m S 144 St N w,, k m 9410 N D S1 6 st S 148 St 1. 47S S 150 St W k S152 a W .yJO 5155 St l e ii Tuk"Mls Pkwy s 1 SO st tp 2021 - 2026 Capital Improvement Program 82 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2021 to 2026 PROJECT: Tukwila 205 Levee Certification Project No. 91341203 DESCRIPTION: Reconstruct the Tukwila 205 Levee to provide 500 -year level of flood protection and obtain levee certification. The US Army Corps of Engineers no longer provides levee certification services to federally authorized levees. The existing certification expired in August 2013. Certification is required for the Federal Emergency JUSTIFICATION: Management Agency to accreditate the levee system as providing a 100 -year level of flood protection. A study of the Tukwila 205 Levee found approximately 80% of the levee could not be certified in its current condition and will require repair or reconstruction. STATUS: A levee assessment has been completed. MAINT. IMPACT: Certification process is expected to lead to additional levee repair projects that are required to meet the certification criteria. Certification is valid for a 10 -year period. The City has petitioned the King County Flood Control District to make levee improvements to upgrade the 205 Levee to provide a minimum of 100 -year level of protection, and where construction is needed, construct to a COMMENT: 500 -year level of protection. KCFCD has agreed to begin design of several projects in 2020, which will take approximately 15 years to complete and will require extensive work with the City of Tukwila and property owners. A full time employee to monitor this project will be required and listed in 2021 through 2026. FINANCIAL Through Estimated lin $000's► 2019 2020 2021 2022 2023 2024 2025 2026 BEYOND TOTAL EXPENSES Certification Phase 1 350 350 Certification Phase 11 229 500 500 500 500 500 500 3,229 Design 0 Const. Mgmt. 150 150 150 150 600 Construction 0 TOTAL EXPENSES 1 579 1 0 1 500 1 500 1 650 1 650 1 650 1 650 1 0 1 4,179 FUND SOURCES KC Flood Control 236 150 150 150 150 836 Proposed Grants 0 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 343 0 500 500 500 500 500 500 0 3,343 TOTAL SOURCES 1 579 1 01 500 1 500 1 650 1 650 1 650 1 650 1 01 4,179 Project Location: "" Entire Systeme° H9 2021 - 2026 Capital Improvement Program 86 City of Tukwila CAPITAL IMPROVEMENT PROGRAM for 2021-2026 SURFACE WATER 412 Fund rage # PROJECT TITLE 2021 2022 2023 2024 2025 2026 TOTAL "other Sources Atter Six Years 78 Annual Small Drainage Program 900 900 900 900 970 970 5,540 0 673 79 Storm Water Quality Retrofit Program 115 3,314 105 105 110 105 3,854 2,160 115 80 NPDES Program 100 50 55 55 60 60 380 110 65 81 WRIA 9 Watershed Planning 20 21 21 21 22 23 128 87 23 82 Green the Green Program 45 145 55 155 40 173 613 150 200 83 Surface Water Monitoring 35 37 37 38 38 39 224 0 39 84 East Marginal Wy S Stormwater Outfalls 1,276 0 0 0 0 0 1,276 842 0 85 Gilliam Creek Fish Barrier Removal 936 536 405 5,952 2,400 0 10,229 7,076 0 86 Tukwila 205 Levee Certification 500 500 650 650 650 650 3,600 600 0 87 Nelsen Side Channel 225 240 1,825 0 0 0 2,290 1,550 0 88 Surface Water Comprehensive Plan 200 0 0 0 0 0 200 0 250 89 S 131st PI Drainage Improvements 150 1,000 0 0 0 0 1,150 250 0 90 Riverton Creek Flap Gate Removal 55 0 0 0 0 0 55 50 0 91 Chinook Wind Public Access 59 357 0 0 0 0 416 137 0 92 Surface Water GIS Inventory 0 100 0 150 0 0 250 0 0 93 Northwest Gilliam Storm Drainage System 0 100 840 0 0 0 940 0 0 94 Tukwila Pkwy/Gilliam Creek Outfalls 0 0 60 415 0 0 475 0 0 S 146th St Pipe & 35th Ave S Drainage 0 0 0 0 0 0 0 0 1,066 Soils Reclamation Facility 0 0 0 0 0 0 0 0 1,375 S 143rd Street Storm Drainage System 0 0 0 0 0 0 0 0 1,096 Nelsen PI/Longacres Surface Water Phase II 0 0 0 0 0 0 0 0 345 Duwamish Rvrbk Stabilization at S 104th St 0 0 0 0 0 0 0 0 595 TUC Surface Water Conveyance 0 0 0 0 0 0 0 0 541 Grand Total 4,616 7,300 4,953 8,441 4,290 2,020 31,620 13,012 6,383 ** Denotes other funding sources, grants, or mitigation Irroj< (J ShCs schcdulcd Ibca yrnid "7y96 cai i Ib ioui id ii i thea CJy` s v cb si[ andca r Changes from 2019 to 2021 CIP: I'GslbHc Works Crajpi�al liillprr7 /dila 11[ I'1rogral'I'l, Additions 83 Surface Water Monitoring 25 Surface Water Lift Station Locations Storm Lift Station No. 15 5910 S 180th St - Mizuki Grill Storm Lift Station No. 16 7420 S 180th St (underpass) Storm Lift Station No. 17 530 Strander Blvd - Bicentennial Park Storm Lift Station No. 18 4225 S 122nd St - Allentown Storm Lift Station No. 19 Fort Dent Park (Parks Dept.) 2021 - 2026 Capital Improvement Program 77 3/30/2022 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 981-o7v CITY OF TUKWILA Short Form Contract contract Number 20-075 Council Approval 8/3/20 Project No. 99830103 Budget Item: 412.98.594-382.65.00 ContractorNendor Name: AtWork! Commercial' Enterprises, LLC Address: 1935 — 152nd Place NE Bellevue, WA 98007 Telephone. (206) 434-6623 Project Name: Riverton Creek Flapgate Removal Project (Phase 2) 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. AGREEMEN This Agreement, made and entered into this ' day of 90 by and between the City of Tukwila, hereinafter referred —to as "City", and Fo"fterra, hereinafter referred to as "Contractor." The City and the Contractor hereby agree as follows, I. 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 August 24, 2020 and be completed no later than April 30, 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 B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $106,090.60 except by written agreement of the parties. 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. AYR . The City shall make payments on account of the contract at completion of the project, ,7, CA revised May 2020 Pagie 1 6. work, ACCEproviPTAdedNCEthe ANcoD ntract FINAL is fulPAYMENTperformed and accepted.. Final payment shall be due 10 days after completion of the ly 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, appi nces and services of eve kind necessary for the proper execution of work, and the terms ia s rvi every therefore. and conditions of payment 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 materialshall 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 PERMIT S 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 andspecifications. are at variance therewith, 101. PROTECTION OF WORK PROPERTY AND PERSONS. The Contractor shall adequately protect --4 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 OFWORK. 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 fall 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. AYE . 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 CA revised May 2020 Page 2 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: 1. Automobile 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 $2,00,0,000 each occurrence, $2,,000,0100 general aggregate and $2,00,0,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as 180 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' CO-1-no"g- 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, or insurance Pool' coverage insurance with respect to the City. Any insurance, self a a I i ry 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 3710 01 for completed operations, CA revised May 2020 Page 3 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, Bold 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. 18.. 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 Deep 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 causedby 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. PRE VAILING 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. CA revised May 2020 Paige 4 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 Southcente,r 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 LAIN- 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 I f By: ... .................. .... .... Signature Printed Name: Allan Ekbera. Ma or Date: 08/26/2020 ATTEST/AUTHENTICATED: ............. C �'h4zvr6, . ........... City Clerk, Christy 071aherty APPROVED AS TO FORM: BY: Office of the City Attorney M - Printed Name: Title: t Date: V 2,71 CA revised May 2020 Page 5 CITY OF TUKWILA CALL for BIDS Kola Riverton Creek Fla ate Removal Project— Restoration Phase Project No. 99830103 June 23, 2020 BIDS DUE: JULY 13 ,2020AT5:OOPM CITY OF TUKWILA 6200 Southcenter Boulevard Tukwila, Washington 98188 Project Plans and Specifications by: CITY OF TUKWILA Project Description: This project |ofooumadontheshoro||menastonationofapproximatek/l8acresa|onBRivertomCreekamd l6acre along the left bank ofthe DuvvarnlohRiver. |tincludes a Y, acre backwater wetland, which is promising rea ring ha bitat for non-nata I Chinook sa Imon and other fish species. The primary riparian resource concerns identified at this location are a lack of diverse native riparian vegetation and infestations of several different invasive species, including large infestations of Himalayan blackberry /Rmbusonmmoiocusland infestations ofReed Camarygnass(Pha|arisarundlnacea[ The Himalayan blackberry covers swaths of steep, upland slopes throughout the entire project area and iaalso mixed among trees and other vegetation that will remain. The Reed Canmrygraoexists inalarge patch atthe upper margins ofthe wetland. These species deprive the creek and river ofmuch needed shade aind meaningful insert production, required for salmon, survival. The goals of the project plan are to remove and control the invasive species and enhance the riparian vegetation with native trees and shrubs. These resource improvement action,s will have several long- termeco/ogioa|benefits,inc|odingimprovedoanopyforshadeovertherivcr,improvedwaterqua|ity, reduced soil erosion, and improved wildlife habitat for both terrestrial and aq:uatic organiisms. Scope of Work: The scope ofwork isayfollows: 1. The scope ofwork shall follow the project p|ans, specifications and schedule aadescribed and specified inthe attached documents: u: Riverton Creek F7apgabeRemoval Project —Reato^ationPhose plans b. Project specifications 2. In general, the scope of work is outlined in the attaiched' project plans and includes: a. Site preparation b. Erosioncomtrol/K4u|ching c. Planting d. Watering i. water to be provided by the Contractor e. Maintenance maintenance shall occur for 1'yaorfollowing planting acceptamce. Costs for ma:inteimingeach, plant through Planting Acceptance and the 1-yearplant establishment period and replaicing dead plants is embedded in the price for each plant. See Measurement and Payment section of this document. 3. Comply with the following sections ofthe 2D20N/SDDTStandard Specifications for Road, Bridge, and Municipal Construction. Reference the following sections for applicable information m. 8-01 Erosion and Water Pollution Control b. 8-02Roadside Restoration c 9'l4Erosion Control and Roadside Planting (K4ateha|s) Requirements for Companies and Organizations Submitting, Bids: l. The company or organization submitting a bid shall review the stipulations of the Short Form Contract attached to the Project Specifications a nid be capable of meeting insurance, bonding, and prevailing wage requirements. The short form contract, once executed, will serve as the Contract. 2. The company orurgamba0oosubmitting abid shall verify site conditions prior tuproviding abid. |tisadvised that the company ororganization submit1ingabid arrange aproject mitevishvNth the Cityarepresentative (c:2O6-5SO`493Oor } prior bothe due date. B. The company or organization submitting a bid shall provide at least two (2) references for restoration projects thatinwmlvethefuNovvinge[emen1o.invamhxaapecieucontroKremovm|, native plant installation and plant maintenance. It is not necessary for each reference project to hawmai||thee|ements,but}ntota[thenzferemceommustdemonstrabeexperienceineach element. The City May disqualify the bider ifthe totality ofreferenced projects do not include all ofthe elements. Submit Bids: 1. Submit bids 6ycompleting and signing the attached proposal form and references form and submitting via e-mail, mail or hand delivery. Note City offices are currently closed and most office staff working from home due tmCQ#|D-19: safety measures. Please call: ore-mail 1n advance to arrange drop off, if delivering. Bids must be received by . Bids received after this time may not beconsidered. Submit bids tothe following address ore - mail address. Mike Perfetti Tukwila Public Works 630USoutboemterBlvd. Suite l0D Tukwila, WA 98I88 Cell: 206-550-4930 Contractor Selection: 1. The selected company ororganization will bethat which has provided the lowest responsive bid, meaning they have both met the requirements herein and have proposed the lowest total price among all companies and organizations. Note: Unit prices for all items, all extensions, and the total amount bid must beshown. Where conflict occurs between the unit phoaand the total amount specified for any item, the unit price shall prevail, and totals shall be corrected to conform thereto. Nun~dbmdrn|nation: The City of TukwUa hereby notifies all biders that it will aff irmativeky ensure that in any contracts entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation aind wi,ll not be discriminated against on the grounds ofrace, color, sex ornational origin incVnsidenationforamavvard. The City reserves the right to reject any and all bids or waive any informalities in the biding and make Proposal Contractor's Name. Contractor's State License H: City of Tukwila Project #. 99830103 SCHEDULE A Note: Unit prices for all items, all extensions, and the total amount bid must be shown. Where conflict occurs between the unit price and the total amount specified for any item, the unlit price shall prevail, and totals shall be corrected to conform thereto, For Schedule A, do not include applicable Retail Sales Tax in the various Unit and Lump Sum Prices, but instead add Sales Tax to the end sum as shown!. Item 11 No. Item Description Quantity Unit Unit Price Amount 1. Unexpected Site Changes 1 FA $10,000 $110,000 2. Site Preparation ILS S CC� Wattles 1000 LF `2- y6 0 4. Bark & Wood Chip Mulch 105 5. PSIPE - Acer macrophyllu,m, SR 10� -EA 6. PS I P E - Al nus rubra, BR 30 - -EA 3 7. PSIPE - Arbutus menzesii, 10" tube 101 EA PSIPE - Betula papyrifera, BR 125 EA 9. PSIPE - Cornus nuttallii #1 10 EA 10- PSIPE - Cornus sericia, 1311 231 EA 1"1010 00 !I. PSiPE - Corylus cornuta, BR 125 EA 12. PSIPE - Fraxinus latifolia, 1313 47 F -A /3 13. PSIPE - Holodiscus discolor, BR 416 EA 14. PSIPE - Lonicera involucratal, SR 131 EA 3 Qo.-3 15, — P PSIPE - Malus fusca, 1311 7 EA 16. PSIPE - Physocarpus capitatus, BR 131 EA 17. PSIPE - Picea sitchensis, #1 47 EA 18. PSIPE - PoPulus baisamifera, BR 30 EA 19', PSIPE - Populus tremufoides, 13110 7 EA 3 13 20. PSIPE - Prunus emarginata, 1311 7 EA 3 21,PSIPE - Pseuclotsuga menzesii, #1 145 EA 22. PSIPE - Ribles sanguineum, 1311 416 EA 2 23. PSIPE - Rosa nutkana, BR 456 EA24. 5.qZg� PSIPE -Rasa pa, SR � l� I EA 3 05. , PSIPE - Rubus parvifolium, BR 416 EA 113 5 4o 26- I PSIPE - Rubus spectabil'is, BR 131 EA 3 0 27. PSIPE - Salix hookerlana, LS 270 EA 1-7 28. PSIPE - Salix lucida (fasiandra), BR 47 — —765 EA 29. pSlp E - Salix scouleriana, LS EA 30. PSIPE - Salix sitchensis, LS -265 EA 31. PSIPE - Sarnbucus racernosa, BR 547 EA 32. PSIPE - Spiraea douglash, BR 40 EA 33, PSIPE - Symphoricarpos alba, BR — ISO EA 34. PSIPE - Thuja plicata, #1 147 EA 35. PSIPE - Tsiga heterophyl'la, #1 22 EA TOTAL SCHEDULE A: WASHINGTON STATE SALES TAX (10%). TOTAL to 64 BID-. I have complied with all of the requirements herein and certify that the bid provided is the bid intended. Sign Title no+,o as Measurement and Payment Generail When the Contract Documents state that a certain item ofwork "shall beconsidered incidental tothe Contract", and whenever any aspect of work is not included in one of the pay items listed below, then the cost of performing that work shall be included in the various bid prices of the Contract, and no separate payment will' bemade. Contractor shall include all costs Vfdoing this work within the unit and' lump sum bid prices |nthe Proposal. If the Contract Documents require work that has no unit or lump sum item in the proposal',, costs shall beincidental and included within the unit and lump sum bid prices iothe Propoaai Proposal Schedule Items The following subsections correspond to the items on the proposal schedule and shall be paid based' on the conditions listed, a:ndasdetailed imthe specifications. Item No. 1—Unexpected Site Changes Payments or credits for changes amounting to $10,000 or less may be made under the Bid item "Unexpected S,[teChamges,''ifincluded Unthe Bid Schedule. This item isintended topay for Work associated with unexpected site conditions urchanges. This item may not be expended whatsoever without prior mutual agreement of the scope and price as outlined herein. The Owner and Contractor shall agree upon ascope mfwork. The Contractor shall provide a price tothe Owner. |fthe price bnot agreed to, the Contractor and Owner shall negotiate tuam acceptable amount and scope within 7days. The Owner reserves the right tonafuse the proposal and thus nullify the work associated' with the unexpected site change. The Contractor will beprovided a copy of the completed order for Unexpected Site Changes. The agree ment for the Ulnexpected'Site Changes will be documented by signature of the Contractor, or notation of verbal agreement. For the purpose o[providing acommon Proposal for all Biderathe Contracting Agency has entered an amount for "Unexpected Site Changes" in the Proposa I to become a part of the total Bid by the Contractor. Credits to the Owner will be applied for the unutilized amount. Item No. 2— Site Preparation Measurement and payment for "Site 9napanat|on"shall buper lump sum. Items to, baincluded |nthe bid price shall incUudebut shall not necessarily belimited' to: invasive species removal including herbicide treatment, mowing, clearing, removal and disposal of existing vegetation, roots, and debris within the construction limits shown on the Plans and as specified herein and not covered under mseparate item. Item No. 3 —Straw Wattles Measurement and payment for "Straw VVatt|es" shall be per lineal foot. Items to be included in the bid price shall include but shall] not necessarily be limited toshall include all costs to furnish and install straw wattles including all |abor, materials and equipment required to complete the work as shown oDthe plans and'specified herein NennNo.4-8ork and Wmnd'Ch|pK0u|ch Measurement and payment for "Bark K8u|ch"shaU(beper the cubic yard. The unit Contract price per acre for "Bark Mulch" shall for furniishing and spreading the bark orwood chip mulch onto the existing soil. Items tobeincluded inthe bid price shall include but shaflnot necessarily be limited to all labor, materials and equipment required to complete the work as shown on the plans and specified herein. Item No. 5-35—PS|PE (All) Plantings Measurement and payment for "PSI PE- (All) Plantings" shall be per each in place. PS|PEiis Plant Selection including Plant Establishment. The unit contract ` per each mhaUinclude all costs tofurm|sh, install and maintain the plant for 1year from Planting Acceptance, including plant procurement, delivery, and installation, following specifications. it also includes procuring and installing plant protectors, watering, maintenance, and monitoring, per specifications. Items to be included in the bid' price shall include but shall not necessarily belimited to all labor, materials and equipment required bocomplete the work asshown unthe plans and specified herein. Payment of 5 percent of the unit Contract price, per each, when the plant materials have been contracted, propagated, and are growing under nursery conditions. The Contractor shall provide the Engineer with certification that the plant material has been procured or contracted for delivery to the project for planting within the time limits of the pr'ect.Thecedifioationyha||statmthe[ocatiom, quantity, and size of all material. Payment will be increased to 15 percent of the unit Contract price, per each, uponcorn p|etionoftheinitia|weedcomtro|andpUanting areapreparatio nWork. Paynoentvvi||be increased to 60 percent of the unit Contract price per each for the contracted pl'ant material in a designated unit area when planted. Payment will be increased to 70 percent of the unit Contract price per each for contracted plant material at the completion of the initial planting. Payment wilil be increased to the appropriate percentage upon reaching the following plant establishment milestones: • June 30m' 80 percent w September 3O`»;9Opercent • Completion of fir5t-year plant establishment or after 10,0 percent of all replacement plants have been installed, whichever islater Toensure that the bkderis experienced [nsimilar restoration work, please PROW IE AT LEAST 2 REFERENCES FOR RFqTnnAT1nK1 DD I Q JJ EEC TS, Thisfmrmn orequiva[entdocumentation, isrequired es part ofthe bid proposal and must befilled knand submitted with the proposal tobedeemed responsive. |tisnot necessary for each reference project to have all the elements, but [ntotal, the references must demonstrate experience ineach m|ernemt The City ���disqua|�ythe bider [fthe tmtaHtymfreferenced projects does not include aDofthe e|enn'__mts Reference ___ Mark box if yes Name/Organilzation/Contaict Info (email or phone) Project Invasive Native plant Species Plant Maintenance Control Installation PLeao