HomeMy WebLinkAboutCOA & Rivers Edge Environmental Services Inc -. P 11(40 1 13
?0A)
NON-FORMALLY BID PUBLIC WORKS CONTRACT NO. 20-04
Project No. EM2001, A STREET LOG JAM
THIS CONTRACT is entered into between the City of Auburn,a Washington Municipal
Corporation("City"),and Rivers Edge Environmental Services Inc.("Contractor"),whose mailing
address is PO Box 908 Black Diamond, WA 98010.
RECITALS:
1. On February 5th,2020,the State of Washington proclaimed a State of Emergency existing in
several counties including, but not limited to,King and Pierce counties related to a severe winter
storm event that began on January 20th,2020 under State Proclamation 20-02.
2.As a direct result of the storm event,the City is in need of emergency public work as described in
this Contract.
3. Emergency Proclamation 2020-1 was declared by the City of Auburn on February 2"d,2020 that
waived certain contracting and budget requirements,authorized staff to implement emergency
purchasing requirements,and to take other steps in response to the emergency.
3. Contractor is qualified to perform the construction contracting services described in the Scope of
Work.
4. The City wishes to engage Contractor for the performances of these construction contracting
services.
5. This contract was not formally bid because(check one)
❑ LIMITED PUBLIC WORKS CONTRACT: Engineer's Estimate<$50,000.00
and this contract was awarded using the Limited Public Works process as
described in RCW 39.04.155.
❑ SMALL PUBLIC WORKS CONTRACT(SINGLE TRADE WORK):
Engineer's Estimate<$75,500.00
❑ SMALL PUBLIC WORKS CONTRACT(MULTIPLE TRADE WORK):
Engineer's Estimate<$116,155.00
® EMERGENCY PUBLIC WORKS CONTRACT: Per RCW 39.04.280,this work
is exempt from competitive bidding requirements because the work is
considered an emergency,meaning unforeseen circumstances beyond the
control of the City either: (a) Present a real, immediate threat to the proper
performance of essential functions;or(b)will likely result in material loss or
ENG-059,Revised 7/19
NON-FORMALLY BID PUBLIC WORK CONTRACT NO 20-04
February 21,2020
Page 1 of 14
damage to property,bodily injury,or loss of life if immediate action is not
taken.
❑ COOPERATIVE PURCHASING AGREEMENT:This contract is being let
under(cooperative contract No. X)between(agency)and(contractor) in
accordance with RCW 39.34(Interlocal Cooperation Act).
❑ Other
AGREEMENT
1) CONTRACTOR SERVICES
The Contractor shall do all work and furnish all tools,materials and equipment for the construction
of Project No.EM2001 in accordance with this Contract form. Scope of work is as follows:
Remove log jam upstream of bridge pillar at A Street SE bridge over Stuck River,as
detailed in Exhibit A and per the requirements of the Hydraulic Project Approval 2020-4-
141+01,attached as Exhibit B.
The complete Contract includes the following parts,which are by this reference incorporated
herein and made a part hereof. Any inconsistency in the parts of the Contract shall be
resolved by the order in which they are listed:
A. Non-Formally Bid Public Works Contract(this form)
B. Construction Work Quote Form
C. Exhibit A, Proposal
D. Exhibit B, Hydraulic Project Approval 2020-4-141+01
E. City of Auburn Construction Standards
F. City of Auburn Design Standards
G. Divisions 2—9 of WSDOT/APWA Standard Specifications for Road, Bridge and
Municipal Construction as modified by the City of Auburn Construction Standards and
any special provisions included in the Contract
H. Portions of Division 1 of WSDOT/APWA Standard Specifications for Road, Bridge and
Municipal Construction as specifically referenced by the City of Auburn Construction
Standards and the Contract.
I. Washington State Department of Labor& Industries Prevailing Wage Rates and Benefit
Key Code effective the date the Contractor submitted the Construction Work Quote Form
ENG-059,Revised 7/19
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-04
February 21,2020
Page 2 of 14
4
J. On the Contract plans,working drawings,and standard plans, figured dimensions shall
take precedence over scaled dimensions.
K. In case of any ambiguity or dispute over interpreting the Contract,the City Engineer's
decision will be final.
2) CITY OF AUBURN BUSINESS LICENSE
The Contractor,subcontractors,and lower tier subcontractors, shall have an active City of Auburn
business license.
3) NOTICE TO PROCEED
A Notice to Proceed will be issued once the Contract has been fully executed by the Contractor and
City,and all insurance and licensing requirements as set forth in the contract have been met. The
Notice to Proceed Date shall be either the date the Contractor commenced contract work or the date
the contract has been fully executed by the Contractor and City and all insurance and licensing
requirements as set forth in the contract have been met, whichever occurs first.
4) TIME OF COMPLETION
The Contractor shall complete the work within 1 working days from the Notice to Proceed Date.
5) LIQUIDATED DAMAGES (CHECK ONE)
® Liquidated damages shall not apply to this contract.
❑ Liquidated damages shall apply to this contract as follows:
If said work is not completed within the time specified,the Contractor agrees to pay
liquidated damages to the City as follows:
A. To pay(according to the following formula)liquidated damages for each
working day beyond the number of working days established for physical
completion,and
B. To authorize the Engineer to deduct these liquidated damages from any money
due or coming due to the Contractor.
C. Liquidated damages will not be assessed for any days for which an extension of
time is granted. No deduction or payment of liquidated damages will,in any degree,
release the Contractor from further obligations and liabilities to complete the entire
Contract.
ENG-059,Revised 7/19
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-04
February 21,2020
Page 3 of 14
Formula: Contract Price(without tax)x 0.15,divided by the original number of
working days for completion.
6) HOURS OF WORK
Allowed hours of work are as a specified in the City of Auburn Construction Standards, Part 1,
Section 1-08.0(2)(Hours of Work), which by reference is incorporated is a part of this contract.
7) COMPENSATION
The Contractor shall do all work and furnish all tools,materials,and equipment for the work and
services contemplated in this Contract for compensation as follows:(Check One)
n Lump Sum Amount
❑ Unit Bid Prices as listed in the Construction Work Quote Form
® Not to Exceed Amount, paid per the Force Account method as described in Section 1-
09.6 of the current WSDOT Standard Specifications for Road, Bridge and Municipal
Construction
Not To Exceed Amount,as specified above is 15,000.00,and Washington State Sales Tax of
$1,500.00 for a total of$16,000.00.
This project is subject to use tax,which shall be included lump sum, unit bid,or time and material
compensation amount listed herein.
The City's sales tax area is 1702 for work within King County and 2724 for work within Pierce
County. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form, for
the Contractor and each and every Subcontractor, has been approved by the State Department of
Labor& Industries,and is received by the City.
A. Performance Bond
The Contractor shall furnish the City with an executed performance bond for the full Contract
amount, unless the contact amount is$150,000.00 or less and the Contractor has elected to
have 10%retainage held by the City, in which case a performance bond is not required for
this project.
B. Retainage(check one)
❑ This is a Limited Public Works Contract AND the City has waived retainage
requirements.
® This contract is$150,000.00 or less,therefore,the following applies:
The Contractor may elect to furnish a performance bond, in which case the City shall
hold back retainage in the amount of 5%of any and all payments made to the
ENG-059,Revised 7/19
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-04
February 21,2020
Page 4 of 14
Contractor,OR have the City retain, in lieu of the performance bond, 10%of the total
Contract amount, pursuant to RCW 39.08.010. The Contractor shall execute a
"Declaration of Option for Performance Bond or Additional Retainage"to indicate
his/her option. If furnishing a performance bond,the Contractor can choose to have
the retainage held by the City in a non-interest bearing account,have it placed in an
Escrow(interest bearing)Account,or submit a bond in lieu of retainage. Said
retainage shall be held by the City for a period of 30 days after the Completion Date,
or until receipt of all necessary releases from the State Department of Revenue and
State Employment Security Department, including Affidavits of Wages paid for the
Contractor and each and every subcontractor,and until settlement of any liens filed
under Chapter 60.28 RCW, whichever is later.
❑ This contract is over,$150,000.00,therefore,the following applies:
The City shall hold back retainage in the amount of 5%of any and all payments
made to the Contractor pursuant to RCW 39.08.010. The Contractor can choose to
have the retainage held by the City in a non-interest bearing account,have it placed
in an Escrow(interest bearing)Account,or submit a bond in lieu of retainage. Said
retainage shall be held by the City for a period of 30 days after the Completion Date,
or until receipt of all necessary releases from the State Department of Revenue and
State Employment Security Department, including Affidavits of Wages paid for the
Contractor and each and every subcontractor,and until settlement of any liens filed
under Chapter 60.28 RCW, whichever is later.
C. Defective or Unauthorized Work
The City reserves its right to withhold payment from the Contractor for any defective or
unauthorized work. Defective or unauthorized work includes, without limitation: work and
materials that do not conform to the requirements of this Contract;and extra work and
materials furnished without the City's written approval. If the Contractor is unable, for any
reason,to satisfactorily complete any portion of the work,the City may complete the work by
contract or otherwise,and the Contractor shall be liable to the City for any additional costs
incurred by the City. "Additional costs"shall mean all reasonable costs, including legal costs
and attorney fees, incurred by the City beyond the maximum Contract price specified above.
The City further reserves its right to deduct the cost to complete the Contract work, including
any additional costs, from any and all amounts due or to become due the Contractor.
D. Final Payment: Waiver of Claims
ENG-059,Revised 7/19
NON-FORMALLY BID PUBLIC WORK CONTRACT NO 20-04
February 21,2020
Page 5of14
The submittal of the Final Invoice by the Contractor shall constitute a waiver of claims,
except those previously and properly made and identified by the Contractor as unsettled at the
time Final Invoice is submitted by the Contractor.
8) INDEPENDENT CONTRACTOR
The parties intend that an Independent Contractor-Employer Relationship will be created by this
Contract,the City being interested only in the results obtained under this Contract.
9) SUBCONTRACTING
Work done by the Contractor's own organization shall account for at least 30 percent of the
awarded Contract price. Before computing this percentage however,the Contractor may subtract
(from the awarded Contract price)the costs of any subcontracted work on items the Contract
designates as specialty items.
The Contractor shall not subcontract work unless the City approves in writing. Each request to
subcontract shall be on the form the City provides. If the City requests,the Contractor shall provide
proof that the subcontractor has the experience,ability,and equipment the work requires.
The Contractor shall require each subcontractor to comply with RCW 39.12(Prevailing Wages on
Public Works)and to furnish all certificates and statements required by the Contract. No payment
shall be issued until a Statement of Intent to Pay Prevailing Wages form, for the Contractor and
each and every subcontractor,has been approved by the State Department of Labor& Industries,
and is received by the City.
Along with the request to sublet,the Contractor shall submit the names of any contracting firms the
subcontractor proposes to use as lower tier subcontractors. Collectively,these lower tier
subcontractors shall not do work that exceeds 25 percent of the total amount subcontracted to a
subcontractor. When a subcontractor is responsible for construction of a specific structure or
structures,the following work may be performed by lower tier subcontractors without being subject
to the 25 percent limitation:
A. Furnishing and driving of piling,or
B. Furnishing and installing concrete reinforcing and post-tensioning steel.
Except for the 25 percent limit, lower tier subcontractors shall meet the same
requirements as subcontractors.
ENG-059,Revised 7/19
NON-FORMALLY BID PUBLIC WORK CONTRACT NO 20-04
February 21,2020
Page 6 of 14
The City will approve the request only if satisfied with the proposed subcontractor's record,
equipment,experience and ability. Approval to subcontract shall not:
1. Relieve the Contractor of any responsibility to carry out the Contract.
2. Relieve the Contractor of any obligations or liability under the Contract and the
Contractor's bond.
3. Create any contract between the City and the subcontractor, or
4. Convey to the subcontractor any rights against the City.
The City will not consider as subcontracting: (1)purchase of sand,gravel,crushed stone,crushed
slag,batched concrete aggregates,ready mix concrete,off-site fabricated structural steel,other off-
site fabricated items,and any other materials supplied by established and recognized commercial
plants;or(2)delivery of these materials to the work site in vehicles owned or operated by such
plants or by recognized independent or commercial hauling companies. However,the Washington
State Department of Labor and Industries may determine that RCW 39.12 applies to the employees
of such firms identified in A and B above in accordance with WAC 296-127.
If dissatisfied with any part of the subcontracted work,the City may request in writing that the
subcontractor be removed. The Contractor shall comply with this request at once and shall not
employ the subcontractor for any further work under the Contract.
This section does not create a contractual relationship between the City and any subcontractor.
Also, it is not intended to bestow upon any subcontractor,the status of a third-party beneficiary to
the Contract between the City and the Contractor.
10)TERMINATION
The City may terminate this Contract for good cause. "Good cause" shall include,without
limitation,any one or more of the following events:
A. The Contractor's refusal or failure to supply a sufficient number of properly-skilled
workers or proper materials for completion of the Contract work.
B. The Contractor's failure to complete the work within the time specified in this Contract.
C. The Contractor's failure to make full and prompt payment to subcontractors or for
material or labor.
D. The Contractor's persistent disregard of federal,state or local laws,rules or regulations.
E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt.
ENG-059,Revised 7/19
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-04
February 21,2020
Page 7 of 14
After all the work contemplated by the Contract has been completed either by the Surety or the
City,the City will calculate the total expenses and damages for the completed work. If the total
expenses and damages are less than any unpaid balance due the Contractor,the excess will be paid
by the City to the Contractor. If the total expenses and damages exceed the unpaid balance,the
Contractor and the Surety shall be jointly and severally liable to,and shall pay the difference to,the •
City on demand.
11)PREVAILING WAGES
Contractor shall file a"Statement of Intent to Pay Prevailing Wages" with the State of Washington
Department of Labor& Industries prior to commencing the Contract work. The Contractor shall
pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington,as well
as any other applicable prevailing wage rate provisions. The prevailing wage rate revision in effect
on the date the Contractor submitted the Construction Work Quote Form is attached and by this
reference incorporated herein and made a part hereof. No payment shall be issued until a Statement
of Intent to Pay Prevailing Wages form, for the Contractor and each and every subcontractor, has
been approved by the State Department of Labor& Industries,and is received by the City.
Retainage, if applicable,shall not be released until an Affidavit of Wages Paid form for the
Contractor and each and every subcontractor,has been approved by the State Department of Labor
& Industries,and is received by the City.
12)CHANGES
The City may issue a written change order for any change in the Contract work during the
performance of this Contract. If the Contractor determines,for any reason,that a change order is
necessary,the Contractor must submit a written change order request to an authorized agent of the
City within 10 calendar days of the date the facts and events giving rise to the requested change
occurred. If the City determines that the change increases or decreases the Contractor's costs or
time for performance,the City will make an equitable adjustment. The City will attempt, in good
faith,to reach agreement with the Contractor on all equitable adjustments. However, if the parties
are unable to agree,the City will determine the equitable adjustment as it deems appropriate. The
Contractor shall proceed with the change order work upon receiving either a written change order
from the City or an oral order from the City. If the Contractor fails to request a change order within
the time allowed,the Contractor waives its right to make any claim or submit subsequent change
order requests for that portion of the Contract work. If the Contractor disagrees with the equitable
adjustment,the Contractor must complete the change order work; however,the Contractor may
elect to protest the adjustment as provided below:
ENG-059,Revised 7119
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-04
February 21,2020
Page 8 of 14
A. Procedure and Protest by the Contractor
If the Contractor disagrees with anything required by a change order,another written
order,or an oral order from the City, including any direction,instruction, interpretation,
or determination by the City,the Contractor shall:
1. Within 2 days of receiving a written change order or oral order that the Contractor
desires to protest,the Contactor shall give a signed written notice of protest to the City;
and
2. Supplement the written protest within 14 calendar days with a written statement that
provides the following information:
a. The date of the Contractor's protest.
b. The nature and circumstances that caused the protest.
c. The provisions in this Contract that support the protest.
d. The estimated dollar cost, if any,of the protested work and how that estimate was
determined.
e. An analysis of the progress schedule showing the schedule change or disruption
if the Contractor is asserting a schedule change or disruption.
The Contractor shall keep complete records of extra costs and time incurred as a
result of the protested work. The City shall have access to any of the Contractor's
records needed for evaluating the protest.
3. The City will evaluate all protests, provided the procedures in this section are
followed. If the City determines that a protest is valid,the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
B. Contractor's Duty to Complete Protested Work
In spite of any protest,the Contractor shall proceed promptly with the work as the City
has ordered.
C. Contractor's Acceptance of Changes
The Contractor accepts all requirements of a change order by: (1)endorsing it,(2)
writing a separate acceptance,or(3)not protesting in the way this section provides. A
change order that is accepted by the Contractor as provided in this section shall constitute
full payment and final settlement of all claims for Contract time and for direct, indirect
and consequential costs, including costs of delays related to any work,either covered or
affected by the change.
D. Failure to Protest Constitutes Waiver
ENG-059,Revised 7/19
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-04
February 21,2020
Page 9 of 14
By not protesting as this section provides,the Contractor also waives any additional
entitlement and accepts from the City any written or oral order(including directions,
instructions, interpretations,and determination).
E. Failure to Follow Procedures Constitutes Waiver
By failing to follow the procedures of this section,the Contractor completely waives any
claims for protested work and accepts from the City any written or oral order(including
directions, instructions,interpretations,and determination).
13)CLAIMS
The Contractor waives right to a claim if they have not followed the protest procedures outlined in
this Contract. If resolution of a protest cannot be reached,and the Contractor wishes to pursue a
claim,the Contractor shall give written notice of claim to the City within 15 calendar days of the
City's notice of its final decision on the Contractor's protest. Any claim for damages,additional
payment for any reason,or extension of time,whether under this Contract or otherwise, shall be
conclusively deemed to have been waived by the Contractor unless a timely written claim is made
in strict accordance with the applicable provisions of this Contract. At a minimum,a Contractor's
written claim must include the information set forth regarding protests in this Contract.
Failure to provide a complete,written notification of claim within the time allowed shall be an
absolute waiver of any claims arising in any way from the facts or events surrounding that claim or
caused by that delay.
The Contractor must, in any event, file any claim or bring any suit arising from or connected with
this Contract prior to signing the Final Payment Form.
14)WARRANTY (CHECK ONE)
® No warranty applies to the Contract Work.
n Warranty applies to the Contract Work as follows:
All defects in workmanship and materials that occur within one year of the Contract
Completion date shall be corrected by the Contractor. When defects are corrected,the
warranty for that portion of the work shall extend for one year from the date such correction
is completed and accepted by the City. The Contractor shall begin to correct any defects
within 7 calendar days of its receipt of notice from the City of the defect. If the Contractor
does not accomplish the corrections within a reasonable time,the City may complete the
ENG-059,Revised 7/19
NON-FORMALLY BID PUBLIC WORK CONTRACT NO 20-04
February 21,2020
Page 10 of 14
corrections and the Contractor shall pay all costs incurred by the City in order to accomplish
the correction.
15) INDEMNIFICATION
Contractor shall defend, indemnify and hold the City, its officers,officials,employees,agents and
volunteers harmless from any and all claims, injuries,damages, losses or suits, including all legal
costs and attorney fees, arising out of or in connection with the performance of this Contract,except
for injuries and damages caused by the sole negligence of the City.
The City's inspection or acceptance of any of the Contractor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Contract 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,agents 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 this indemnification constitutes the
Contractor's waiver of immunity under Industrial Insurance,Title 51 RCW,solely for the purposes
of this indemnification. The parties acknowledge that they have mutually negotiated this waiver.
The provisions of this section shall survive the expiration or termination of this Contract.
16) INSURANCE
Insurance requirements shall be as specified in the City of Auburn Construction Standards, Part 1,
Section 1-07.18(Insurance)which by reference is incorporated is a part of this contract.
17)CORRESPONDENCE (CHECK ONE)
® Submittals and formal Requests for Information(RFI)shall not be required for this contract.
❑ Submittals and Requests for Information(RFI)shall be as follows:
A. Requests for Information (RFI's). RFI's shall be made electronically and shall be
transmitted via e-mail to PWSubmittals@auburnwa.gov. The e-mail subject line of
electronic RFI's shall include the following: Contract Number and Project Name/Number
as applicable — RFI Title/Subject. Each e-mail shall be limited to 7 MB's in size. All
RFI's shall accompany the City of Auburn "CIP Construction Request for Information"
ENG-059,Revised 7/19
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-04
February 21,2020
Page 11 of 14
(RFI)form as a cover letter with enough information provided for the Engineer to respond
accordingly. The time required to evaluate and review RFI's is not the same for all RFI's.
The Contractor shall allow a minimum of 10 calendar days, unless otherwise noted,for the
Engineer to respond.
B. Submittals. All submittals shall be made electronically and shall be transmitted via e-mail
to PWSubmittalsa,auburnwa.gov.
18) MISCELLANEOUS
A. Nondiscrimination. In the hiring of employees for the performance of work under this
Contract,the Contractor, its subcontractors,or any person acting on behalf of Contractor
shall not,by reason of race,religion,color,sex, sexual orientation,national origin,or the
presence of any sensory, mental, or physical disability,discriminate against any person
who is qualified and available to perform the work to which the employment relates.
B. Compliance with Laws. The Contractor shall comply with all federal,state and local
laws,rules and regulations throughout every aspect in the performance of this Contract.
C. Qualifications of Bidder. Before award of a public works contract,a bidder must meet at
least the minimum qualifications of RCW 39.04.350(1)to be considered a responsible
bidder and qualified to be awarded a public works project.
D. Work Performed at Contractor's Risk. The Contractor shall take all precautions
necessary and shall be responsible for the safety of its employees,agents,and
subcontractors in the performance of this Contract. All work shall be done at the
Contractor's own risk,and the Contractor shall be responsible for any loss of or damage
to materials,tools,or other articles used or held for use in connection with the work.
E. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of
the terms and rights contained herein,or to exercise any option herein conferred in one or
more instances,shall not be construed to be a waiver or relinquishment of those terms
and rights and they shall remain in full force and effect.
F. Governing Law. This Contract shall be governed and construed in accordance with the
laws of the State of Washington. If any dispute arises between the City and the
Contractor under any of the provisions of this Contract,resolution of that dispute shall be
available only through the jurisdiction, venue and rules of the King County Superior
Court, King County, Washington.
G. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or
lawsuit for damages arising from the parties'performance of this Contract,each party
shall be responsible for payment of its own legal costs and attorney's fees incurred in
ENG-059,Revised 7/19
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-04
February 21,2020
Page 12 of 14
•
defending or bringing such claim or lawsuit; however,nothing in this subsection shall
limit the City's right to indemnification under Section 10 of this Contract.
H. Written Notice. All communications regarding this Contract shall be sent to the parties at
the addresses listed on the signature page of this Contract, unless otherwise notified. Any
written notice shall become effective upon delivery, but in any event 3 calendar days
after the date of mailing by registered or certified mail,and shall be deemed sufficiently
given if sent to the addressee at the address stated in this Contract.
I. Assignment. Any assignment of this Contract by the Contractor without the written
consent of the City shall be void.
J. Modification. No waiver,alteration,or modification of any of the provisions of this
I
Contract shall be binding unless in writing and signed by a duly authorized representative
of the City and the Contractor.
K. Severability. If any one or more sections,sub-sections,or sentences of this Contract are
held to be unconstitutional or invalid,that decision shall not affect the validity of the
remaining portion of this Contract and the remainder shall remain in full force and effect.
L. Entire Contract. The written provisions and terms of this Contract,together with any
referenced documents and attached Exhibits, supersede all prior verbal statements by any
representative of the City,and those statements shall not be construed as forming a part
of or altering in any manner this Contract. This Contract,referenced documents, and any
attached Exhibits contain the entire Contract between the parties. Should any language in
any referenced documents or Exhibits to this Contract conflict with any language
contained in this Contract,the terms of this Contract shall prevail.
ENG-059,Revised 7/19
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-04
February 21,2020
Page 13 of 14
IN WITNESS WHEREOF,the parties below have executed this Contract.
RIVERS EDGE ENVIRONMENTAL SERVICES INC. THE CITY OF AUBURN
' 111111..
(Signat (Signae‘ICSrAl°
By Clayton Mullendore By1111— Nancy Backus
(Print name here)
Its General Manager Its Mayor
(Authorized representative)
DATE: 2 zeLV Zi DATE: 42007.0
Contractor's State License No. RIVEREE855DT
State Tax Registration(UBI)No. 603483-511
Federal Tax ID# 47-3328108
APPROVED AS TO FORM:
Kendra Comeau, Interim City Attorney
Notices to be sent to: Notices to be sent to:
CONTRACTOR CITY OF AUBURN
Attn: Dan Kuhn Attn: Seth Loop
PO Box 908 25 West Main Street
Black Diamond, WA 98010 Auburn, WA 98001
Phone:425-584-7089 Phone: 253-804-5082
E-mail: dkuhn@rivers.city E-mail: sloop@auburnwa.gov
ENG-059,Revised 7/19
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-04
February 21,2020
Page 14 of 14
•
44141 Contract No. 20-04, Exhibit B Washington Department of
Fish&Wildlife
HYDRAULIC PROJECT APPROVAL POBox43234
FISH ww7LDLIFL Olympia,WA 98504-3234
(360)902-2200
Issued Date: February 21, 2020 Permit Number: 2020-4-141+01
Project End Date: April 20, 2020 FPA/Public Notice Number: N/A
Application ID: 20895
PERMITTEE AUTHORIZED AGENT OR CONTRACTOR
City Of Auburn
ATTENTION: Scott Nutter
25 W Main St
Auburn, WA 98001-4916
Project Name: A Street Bridge woody debris remediation
Project Description: From the Shallow gravel bar in the center of the channel we will move woody debris to the
faster flowing channel and let woody debris flow down river a piece at a time
PROVISIONS
1. TIMING LIMITATION: You may begin the project immediately and you must complete the project by April 21, 2020.
2. APPROVED PLANS: You must accomplish the work as discussed on the phone February 20, 2020 with the habitat
biologist as follows: Preference must be given to repositioning large wood, so it does not need to be removed from the
river. Any large woody material that is removed from the river must be stockpiled for use as soon as possible in a
habitat restoration project somewhere on the White River or a tributary to the White River.
STAGING, JOB SITE ACCESS, AND EQUIPMENT
3. Establish staging areas (used for equipment storage, vehicle storage, fueling, servicing, and hazardous material
storage) in a location and manner that will prevent contaminants such as petroleum products, hydraulic fluid, fresh
concrete, sediments, sediment-laden water, chemicals, or any other toxic or harmful materials from entering waters of
the state.
4. Check equipment daily for leaks and complete any required repairs in an upland location before using the equipment
in or near the water.
5. Use environmentally acceptable lubricants composed of biodegradable base oils such as vegetable oils, synthetic
esters, and polyalkylene glycols in equipment operated in or near the water.
DEMOBILIZATION AND CLEANUP
6. Seed areas disturbed by construction activities with a native seed mix suitable for the site that has at least one quick-
establishing plant species.
7. Replace native riparian zone vegetation damaged or destroyed by the project with native trees and native shrubs.
Plant trees a maximum10 feet on center, and shrubs a maximum five feet on center.
LOCATION #1: Site Name: A Street Bridge
4500 A street SE, Auburn, WA
WORK START: February 24, 2020 WORK END: February 28, 2020
WRIA Waterbody: Tributary to:
Page 1of4
r
Washington Department of
Fish&Wildlife
HYDRAULIC PROJECT APPROVAL PO Box 43234
f7SHo.e137LDLlFE Olympia. WA 98504-3234
(360)902-2200
Issued Date: February 21, 2020 Permit Number: 2020-4-141+01
Project End Date: April 20, 2020 FPA/Public Notice Number: N/A
Application ID: 20895
10- Puyallup-White White River Puyallup River
1/4 SEC: Section: Township: Range: Latitude: Longitude: County:
NE 1/4 36 21 N 04 E 47.266271 -122.229378 King
Location #1 Driving Directions
Upstream of A street SE Bridge
APPLY TO ALL HYDRAULIC PROJECT APPROVALS
This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code,
specifically Chapter 77.55 RCW. Additional authorization from other public agencies may be necessary for this project.
The person(s)to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any
additional authorization from other public agencies (local, state and/or federal)that may be necessary for this project.
This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person
(s)to whom this Hydraulic Project Approval is issued and operator(s)performing the work.
This Hydraulic Project Approval does not authorize trespass.
The person(s)to whom this Hydraulic Project Approval is issued and operator(s) performing the work may be held liable
for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic
Project Approval.
Failure to comply with the provisions of this Hydraulic Project Approval could result in civil action against you, including,
but not limited to, a stop work order or notice to comply, and/or a gross misdemeanor criminal charge, possibly
punishable by fine and/or imprisonment.
All Hydraulic Project Approvals issued under RCW 77.55.021 are subject to additional restrictions, conditions, or
revocation if the Department of Fish and Wildlife determines that changed conditions require such action. The person(s)
to whom this Hydraulic Project Approval is issued has the right to appeal those decisions. Procedures for filing appeals
are listed below.
Page 2 of 4
Washington Department of
Fish&Wildlife
`•d HYDRAULIC PROJECT APPROVAL POBox43234
FTSNa. tt71DG(FE Olympia,WA 98504-3234
(360)902-2200
Issued Date: February 21, 2020 Permit Number: 2020-4-141+01
Project End Date: April 20, 2020 FPA/Public Notice Number: N/A
Application ID: 20895
MINOR MODIFICATIONS TO THIS HPA: You may request approval of minor modifications to the required work timing
or to the plans and specifications approved in this HPA unless this is a General HPA. If this is a General HPA you must
use the Major Modification process described below. Any approved minor modification will require issuance of a letter
documenting the approval. A minor modification to the required work timing means any change to the work start or end
dates of the current work season to enable project or work phase completion. Minor modifications will be approved only
if spawning or incubating fish are not present within the vicinity of the project. You may request subsequent minor
modifications to the required work timing. A minor modification of the plans and specifications means any changes in the
materials, characteristics or construction of your project that does not alter the project's impact to fish life or habitat and
does not require a change in the provisions of the HPA to mitigate the impacts of the modification. If you originally
applied for your HPA through the online Aquatic Protection Permitting System (APPS), you may request a minor
modification through APPS. A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you did not use APPS you must
submit a written request that clearly indicates you are seeking a minor modification to an existing HPA. Written requests
must include the name of the applicant, the name of the authorized agent if one is acting for the applicant, the APP ID
number of the HPA, the date issued, the permitting biologist, the requested changes to the HPA, the reason for the
requested change, the date of the request, and the requestor's signature. Send by mail to: Washington Department of
Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234, or by email to HPAapplications@dfw.wa.gov. You
should allow up to 45 days for the department to process your request.
MAJOR MODIFICATIONS TO THIS HPA: You may request approval of major modifications to any aspect of your HPA.
Any approved change other than a minor modification to your HPA will require issuance of a new HPA. If you originally
applied for your HPA through the online Aquatic Protection Permitting System (APPS), you may request a major
modification through APPS. A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you did not use APPS you must
submit a written request that clearly indicates you are requesting a major modification to an existing HPA. Written
requests must include the name of the applicant, the name of the authorized agent if one is acting for the applicant, the
APP ID number of the HPA, the date issued, the permitting biologist, the requested changes to the HPA, the reason for
the requested change, the date of the request, and the requestor's signature. Send your written request by mail to:
Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234. You may email your
request for a major modification to HPAapplications@dfw.wa.gov. You should allow up to 45 days for the department to
process your request.
APPEALS INFORMATION
If you wish to appeal the issuance, denial, conditioning, or modification of a Hydraulic Project Approval (HPA),
Washington Department of Fish and Wildlife (WDFW) recommends that you first contact the department employee who
issued or denied the HPA to discuss your concerns. Such a discussion may resolve your concerns without the need for
further appeal action. If you proceed with an appeal, you may request an informal or formal appeal. WDFW encourages
you to take advantage of the informal appeal process before initiating a formal appeal. The informal appeal process
includes a review by department management of the HPA or denial and often resolves issues faster and with less legal
complexity than the formal appeal process. If the informal appeal process does not resolve your concerns. you may
advance your appeal to the formal process. You may contact the HPA Appeals Coordinator at(360) 902-2534 for more
information.
A. INFORMAL APPEALS: WAC 220-660-460 is the rule describing how to request an informal appeal of WDFW actions
taken under Chapter 77.55 RCW. Please refer to that rule for complete informal appeal procedures. The following
information summarizes that rule.
Page 3 of 4
I
a
Washington Department of
Fish&Wildlife
•cam HYDRAULIC PROJECT APPROVAL PO Box 43234
- •,• < Olympia,WA 98504-3234
FISH 117LDUFE
(360)902-2200
Issued Date: February 21, 2020 Permit Number: 2020-4-141+01
Project End Date: April 20, 2020 FPA/Public Notice Number: N/A
Application ID: 20895
A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request an informal
appeal of that action. You must send your request to WDFW by mail to the HPA Appeals Coordinator, Department of
Fish and Wildlife, Habitat Program, PO Box 43234. Olympia, Washington 98504-3234; e-mail to
HPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand-delivery to the Natural Resources Building, 1111
Washington St SE, Habitat Program, Fifth floor. WDFW must receive your request within 30 days from the date you
receive notice of the decision. If you agree, and you applied for the HPA, resolution of the appeal may be facilitated
through an informal conference with the WDFW employee responsible for the decision and a supervisor. If a resolution
is not reached through the informal conference, or you are not the person who applied for the HPA, the HPA Appeals
Coordinator or designee may conduct an informal hearing or review and recommend a decision to the Director or
designee. If you are not satisfied with the results of the informal appeal, you may file a request for a formal appeal.
B. FORMAL APPEALS: WAC 220-660-470 is the rule describing how to request a formal appeal of WDFW actions
taken under Chapter 77.55 RCW. Please refer to that rule for complete formal appeal procedures. The following
information summarizes that rule.
A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request a formal appeal
of that action. You must send your request for a formal appeal to the clerk of the Pollution Control Hearings Boards and
serve a copy on WDFW within 30 days from the date you receive notice of the decision. You may serve WDFW by mail
to the HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program, PO Box 43234, Olympia,
Washington 98504-3234; e-mail to HPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand-delivery to the Natural
Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. The time period for requesting a formal
appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, you may
request a formal appeal within 30 days from the date you receive the Director's or designee's written decision in
response to the informal appeal.
C. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS: If there is no timely request for an appeal, the
WDFW action shall be final and unappealable.
Habitat Biologist Larry.Fisher@dfw.wa.gov for Director
Larry Fisher 425-449-6790 WDFW
Page 4 of 4
Exhibit A
PROPOSAL
- Rivers Edge Environmental Service, Inc
PO Box 908
•.• s Black Diamond, WA 98010
M 425/584-7089
Eye E Contractor Registration No RIVEREE855DT
ENNR f ` 1 1 1,1)4,14Ili Estimate# 19-902
Submitted to Date 2:'20,2020 Project Name "A"St.Bridge Log Jam
Cite of Auburn(C) "A"Street Bridge
Job Site
Mike Kamenzind
25 West Main Street
Auburn,WA 98001 Email mkamenzind(i auburnwa.gov
Phone 253-931-3010
Description Qty Rate Total
Rivers Edge Environmental Services Inc.(REES)proposes the
following costs and scope of work:
Equipment cleaning and degreasing prior to entering waterway 1,265.00 1,265.001'
Mobilization of equipment to site. 1,500.00 1,500.00T
Portable bridge rental,mobilization and demobilization. 1,000.00 1,000.00T
Excavator with operator and laborer, 10 hours. 3,300.00 3,300.00T
Demobilization of equipment from site. 1,500.00 1,500.00T
Project Management and administration, 10 hours. 950.00 950.00'1
Exclusions: Permits,Traffic Control Plan,TESC and river hank
restoration,Silt Curtains.Water Diversion
Assumptions:In water work can be done in 10 hours or less.REES
will have access to adjacent driveway for equipment drop off and
loading.REES is not responsible for any down river damage
resulting from logs once removed from log jam/area of concern.
Phone: 425/584-7089 Sales Tax(10.0%) $951.50
Dan Kuhn,Estimator Total 510,466.50
E-mail. DKUHN@RIVERS.CITY
We propose to furnish labor and materials in a complete accordance with the above specifications for the stated Total Sum plus unit price if applicable
Terms of payment are net 30 days from invoice date All work and materials are presented with limitations as specified All work is to he completed in a
workmanlike manner according to standard practices. Any deviation from above specifications involving extra work and additional costs will be executed
only upon written change orders and will become an extra cost over and above the quoted price. The total quoted price do not include all applicated
taxes unless noted Price is good for 30 days
Signature of Authorized Representative Printed Name
TITLE/COMPANY Date
CITY OF Declaration of Option
UBT T For Performance Bond or
U Additional Retainage
WASHINGTON (Contracts Under $150,000 only)
Project No. EM2001, A Street Log Jam
Contract No. 20-04
Note: This form must be submitted at the time the Contractor executes the Contract. The Contractor
shall designate the option desired by checking the appropriate space.
Rivers Edge Environmental Service, Inc.
PO Box 908
Black Diamond, WA, 98010
The Contractor elects to:
1. Furnish a performance bond in the amount of the total contract sum, in which case the
City shall hold back retainage in the amount of five percent (5%.) An executed
performance bond on the required sum is included with the executed contract
/ documents.
0 2. Have the City retain, in lieu of performance bond, ten percent (10%) of the total
contract amount for a period of thirty (30) days after final acceptance or until receipt of
all necessary releases from the State Department of Revenue and the Department of
Labor and Industries and settlement of any liens filed under Chapter 60.28 RCW,
whichever is later.
In choosing Option 2, the Contractor agrees that if the Contractor, its heirs, executors,
administrators, successors, or assigns shall in all things stand to and abide by, and well and
truly keep and perform the covenants, conditions and agreements in the Contract, and shall
faithfully perform all the provisions of such contract and shall also well and truly perform and
fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly
authorized modifications of the Contract that may hereafter be made, at the time and in the
manner therein specified, and shall pay all laborers, mechanics, subcontractors, and
materialmen, and all persons who shall supply such person or persons, or subcontractors, with
provisions and supplies for the carrying on of such work, on his or her part, and shall
indemnify, defend and hold harmless the City of Auburn and its officials, agents, and
employees from any claim for such payment, then the funds retained in lieu of a performance
bond shall be released at the time provided in said Option 2; otherwise, the funds shall be
retained until the Contractor fulfills the said obligations.
Contractor
Signature(/sr-- k
Printed Name (ck riv✓1 Vti\ (oft
Title C-1 I/1/k
Date 2 2411 ITT
ENG-114, Revised 11/18
I
•
CITY O,AijF F _J
jg
Nancy Backus, Mayor
WASH I NGTON 25 West Main Street * Auburn WA 98001-4998 * www auburnwa gov * 253-931-3000
EMERGENCY PROCLAMATION 2020-01
A PROCLAMATION OF EMERGENCY; WAIVING CERTAIN
CONTRACTING AND BUDGET REQUIREMENTS, AUTHORIZING
STAFF TO IMPLMENT EMERGENCY PURCHASING
REQUIREMENTS, AND TO TAKE OTHER STEPS IN RESPONSE TO
THE EMERGENCY
WHEREAS, on February 5, 2020, the State of Washington proclaimed a State of
Emergency existed in several counties including but not limited to King and Pierce
counties related to a severe winter storm event that began on January 20, 2020 under
State Proclamation 20-02; and
WHEREAS, the storm affected City of Auburn roads, causing temporary closures
of roads due to road conditions, and depositing significant debris in the White River
upstream of the City's A Street SE Bridge with the potential to cause further flooding,
and resulting in the need to enter into emergency contracts; and
WHEREAS, the impact of the storm affects life, health, property, or the public
peace; and
WHEREAS, I have determined that it is necessary for the City to take actions
authorized under Chapters 2.75 (Emergency Preparedness) and 3.10.050 (Emergency
Purchases-Authorization) of the Auburn City Code ("ACC") and Chapter 38.52
(Emergency Management) of the Revised Code of Washington ("RCW") including, but
Proclamation 2020-01
February 20,2020
1 Page 1 of 4
A
not limited to, the definitions in RCW 38.52.010, the authorizations in RCW 38.52.070
and RCW 38.52.110, the liability, immunity, and indemnification provisions of RCW
38.52.180, et. seq.
NOW THEREFORE I, Nancy Backus, Mayor of the City of Auburn, Proclaim as
follows:
Section 1. I declare there an emergency has been caused by a severe rain and
flooding storm in Western Washington that had a significant impact to the City of
Auburn.
Section 2. As authorized by ACC 2.75.090, I assume the authority to enter
into contracts and incur obligations, and to take any other appropriate action necessary to
address and respond to the emergency to protect the health and safety of persons and
properties, and to provide emergency assistance to persons affected by this emergency.
Section 3. These powers will be exercised in light of the exigencies of the
situation without regard to time-consuming procedures and formalities prescribed by
State statutes and rules, or by City ordinance (except for mandatory constitutional
requirements). These include but are not limited to budget law limitations, requirements
for competitive bidding, publication of notices related to the performance of public work,
entering into contracts, incurring of obligations, employment of temporary workers,
rental of equipment, purchase of supplies and equipment, levying of taxes, City-
performed or directed work in areas of the City that are subject to moratoria, and the
appropriation and expenditure of funds.
Proclamation 2020-01
February 20,2020
Page 2 of 4
Section 4. I delegate to Department heads and their designees the authority to
solicit quotes and estimates for contracts necessary to combat the emergency and any
emergency condition. Department heads may enter into contracts in an amount not to
exceed Twenty-Five Thousand Dollars ($25,000). Contracts over this amount will be
signed by the Mayor.
Section 5. City staff will take whatever action is determined to be appropriate
to respond to the emergency conditions. Department heads and their designees are
directed to implement the emergency purchasing procedures in ACC 2.75.110 for any
supplies, materials, and equipment necessary to combat the emergency.
Section 6. I declare that the actions authorized by this Proclamation are
necessary to avoid an imminent threat to the public health or safety, to prevent an
imminent danger to public and private property, and to prevent an imminent threat of
serious environmental degradation, and these actions must be taken within an appropriate
time to respond to the emergency.
Section 7. As soon as practicable I will advise and consult with the City
Council with respect to all actions taken under the authority of this Proclamation. Any
contract entered into under the authority of this Proclamation will be presented to the City
Council at the earliest practical time for review and appropriate legislation.
Section 8. This Proclamation will take effect on my signature, and will
remain in effect until I rescind it in writing.
Dated and signed: 2 ' Ld ` 2.6
Proclamation 2020-01
February 20,2020
Page 3 of 4
CITY OF AUBURN
• J lark.— .)
ANCY : ' S, A'OR
Proclamation 2020-01
February 20,2020
Page 4 of 4