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.
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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