HomeMy WebLinkAboutR-2018-122 Tree Removal Agreement with Top Tree Service, LLCRESOLUTION NO. R-2018-122
A RESOLUTION authorizing the execution of an agreement with Top Tree Service LLC to
remove trees encroaching on Part 77 navigable airspace
WHEREAS, the City owns and operates Yakima Air Terminal -McAllister Field in
accordance with applicable Federal, State and Local regulations, and
WHEREAS, in 2018, the Federal Aviation Administration (FAA) and the Yakima Air
Terminal -McAllister Field identified the need to reduce risk to aircraft traversing the Yakima Air
Terminal airspace, and
WHEREAS, in 2018, the Federal Aviation Administration and Airport Wildlife Hazard
Management Plan (WHMP) identified that managing the habitat on airport property provides the
most effective long-term measure for reducing wildlife hazards on or near an airport; and
WHEREAS, the Yakima Air Terminal -McAllister Field advertised the Obstruction Removal
and Wildlife Mitigation Project under a competitive bidding process and received two bids that
were thoroughly evaluated, the airport has identified a lowest responsive and responsible bidder
and has provided a recommendation to the City of Yakima to award the bid, and
WHEREAS, upon receiving FAA funds and approval to award the bid to the lowest
responsive and responsible bidder, the City of Yakima is now ready to enter into the contract with
Top Tree Service LLC that is attached hereto and incorporated herein by this reference to remove
obstructions and to modify the airport wildlife habitat; and
WHEREAS, the City Council has determined that approval of said agreement will promote
the purposes of the Yakima Air Terminal -McAllister Field, will promote increased aviation safety
as well as provide for the general health, safety and welfare of the citizens and is therefore in the
best interests of residents of the City of Yakima, Now, Therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute and administer the attached and
incorporated agreement with Top Tree Service in an amount of one hundred six thousand, five
hundred seventy-seven dollars and zero cents ($106,577 00) to remove obstructions and to
modify the wildlife habitat at the Yakima Air Terminal -McAllister Field
ADOPTED BY THE CITY COUNCIL this 16th day of October, 2018
ATTEST -
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by CoPyrror
CONTRACT
THIS AGREEMENT, made and entered into in triplicate, this day of , 2018, by and between the City of
Yakima, hereinafter called the Owner, and Top Tree Service, LLC, a Washington Limited Liability Company,
hereinafter called the Contractor
WITNESSETH:
That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the
parties hereto covenant and agree as follows.
I The Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID AMOUNT OF
$106,577.00 for Yakima Air Terminal / McAllister Field Tree Removal Project, Yakima Air Terminal PFC No. 18-17-
C-00-YKM, all in accordance with, and as described in the attached plans and specifications and the 2018 Standard
Specifications for Road, Bridge, and Municipal Construction which are by this reference incorporated herein and made a
part hereof, and shall perform any alterations in or additions to the work provided under this contract and every part
thereof
Work shall start within ten (10) days after the Notice to Proceed and shall be completed in Forty (40) working days If work
has not commenced within the ten (10) days after the Notice to Proceed, the first chargeable working day shall be the 11th
day after the date on which the City issues the Notice to Proceed
If said work is not completed within the time specified, the Contractor agrees to pay to the Owner the sum specified in the
Standard Specifications for each and every day said work remains uncompleted after expiration of the specified time, as
liquidated damages.
The Contractors shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that may be
required for the transfer of materials and for constructing and completing the work provided for in this contract and every
part thereof, except such as are mentioned in the specifications to be furnished by the City of Yakima.
II The City of Yakima hereby promises and agrees with the Contractor to employ, and does employ the Contractor to
provide the materials and to do and cause to be done the above described work and to complete and finish the same
according to the attached plans and specifications and the terms and conditions herein contained and hereby contracts to
pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached, at
the time and in the manner and upon the conditions provided for in this contract.
III INDEMNIFICATION The Contractor shall defend, indemnify, and hold harmless the City, its officers, elected officials,
employees and agents from and against any and all claims, causes of action, damages, losses, and expenses of any kind
or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting
from the Contractor's performance or non-performance of the services, duties and obligations required of it under this
Agreement.
IV The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree
to the full performance of all the covenants herein contained upon the part of the Contractor
V It is further provided that no liability shall attach to the City of Yakima by reason of entering into this contract, except
as expressly provided herein
IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein
above written
Countersigned CITY OF YAKIMA
this 1 day oftat 2018.
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CONTRACTOR
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
1
Item No. 6.1.
For Meeting of: October 16, 2018
ITEM TITLE: Resolution authorizing the execution of an agreement with Top Tree
Service LLC to remove trees encroaching on Part 77 navigable
airspace
SUBMITTED BY: Robert K. Peterson, Airport Director, 509-575-6149
SUMMARY EXPLANATION:
In 2018, the Federal Aviation Administration (FAA) and the Yakima Air Terminal -McAllister Field
identified the need to reduce wildlife attractants on airport property. One priority within the
airport's Wildlife Hazardous Management Plan (WHMP) is the removal of specific trees as to not
attract birds to the airfield. Additionally, it was determined that these trees are growing to a height
that may penetrate the federally protected airspace, of which would become a hazard to aircraft
arriving and departing the airport and could restrict the airports instrument approach minimums.
This project will be funded by the airport's Passenger Facility Charges and will not impact the
City's general fund.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
Yes
Public Safety
City Manager
STAFF RECOMMENDATION:
Adopt Resolution
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
d Resdution 9/26/2018 Res dution
2
O ract 10/82018 tract
O addendum 1 10/11!2018 Coker Memo
O specs 10/11/2018 Coker Memo
PUBLIC WORKS Scott Schafer, Director
Engineering Division
129 North Second Street
Yakima, W. hington 98901
(509) 575-6111 • F, (509) 576-6305
ADDENDUM NO. 1
TO THE BID DOCUMENTS AND SPECIFICATIONS
FOR THE CITY OF YAKIMA, WA
Yakima Air Terminal / McAllister Field
For:
Tree Removal Project
Yakima Air Terminal PFC No. 18-17-C-00-YKM
5
BIOS DUE: TUESDAY, SEPT. lath, 2:00 P.M., YAKIMA CITY CLERK'S OFFICE
TO THE ATTENTION OF ALL BIDDERS AND PLAN HOLDERS:
The Construction Contract Specifications and Bid Documents shall be modified as follows:
ITEM 1. Bid Opening Date and Time:
The date and time as given in the INVITATION TO QUOTE is changed to:
Quotations will be received by the Yakima City Clerk until 2:00 PM - Tuesday, Sept 18, 2018
ITEM 2. GENERAL/SPECIAL INSTRUCTIONS; Timing; Item 11:
This section as modified as follows:
Work shall be completed within 40 working days from the date of the notice to proceed,
ITEM 3. GENERAL/SPECIAL INSTRUCTIONS; Approximate Quantities; Item 13:
This section as modified as follows:
The tree sizes vary from 4 inches to 8 feet diameter trunk size.
ITEM 4. GENERAL/SPECIAL INSTRUCTIONS; Stump Grinding & Removal: item 14:
This section as modified as follows:
Stump grinding must only be removed from areas visible to the public from roads and
from all dry creek beds at the Airport's / Sponsor's discretion. Stump grindings may
remain in-place if they do not exceed six inches above grade, again this will be on a
case-by-case basis and will remain at the discretion of the Airport / Sponsor.
Addendum No. 1
Page 1 of 2 September 12, 2018
6
This ADDENDUM is to be considered as much a part of the contract provisions as if
it were included in the body of the Plans and Specifications.
All Bidders shall acknowledge receipt of the ADDENDUM on the quote form prior to
bid opening.
APPROVED:
E.
Addendum No. 1
Brett H. Sheffi , P.
Chief Engineer
Date
*** END OF ADDENDUM NO. 1 ***
Page 2 of 2 September 12, 2018
ITEM
NO.
QUOTE
Yakima Air Terminal / McAllister Field
Tree Removal Project
Yakima Air Terminal PFC No. 18-17-C-00-YKM
PROPOSAL ITEM
PAYMENT SECTION
1
2
3
MOBILIZATION
Per 2018 WSDOT Standard Specification 1-09.7
TREE REMOVAL & DISPOSAL
Per Contract Specification #13
STUMP GRINDING & REMOVAL
Per Contract Specification #14
REPAIR OR REPLACEMENT
Per Contract Specification #20
QTY
11,
, .
1
1
1
1
UNIT
LS
LS
LS
FA
UNIT PRICE
DOLLARS
$1,000.00
SUB TOTAL:
STATE SALES TAX 8.2%;
TOTAL:
Contractor's Signature: Date:
ADDENDUM #1 Received
Addendum No. 1 September 12, 2018
3
7
AMOUNT
DOLLARS
71.4
$1,000.00
8
City of Yakima
Yakima Air Terminal / McAllister Field
Tree Removal Project
Yakima Air Terminal PFC No. 18-17-C-00-YKM
INVITATION TO QUOTE
CITY OF YAKIMA
ENGINEERING DIVISION
Contractor: 129 NO. 2ND STREET
YAKIMA, WASHINGTON 98901
Phone: PHONE (509) 575-6111
Address: Quotations will be received by the Yakima City
Clerk until: 2:00 PM — Sept 13, 2018
OBSTRUCTION REMOVAL AND WILDLIFE MITIGATION PROJECT
The Yakima Air Terminal -McAllister Field is required to preserve the airspace around the airport to ensure no
obstructions penetrate the Part 77 Navigable airspace. Additionally, the airport is required under Part 139 to uphold
its Wildlife Hazardous Management Plan (WHMP) to ensure the airport reduces the amount of wildlife
attractants. The airport has identified three areas of concern where large trees have grown and are close to
penetrating the Part 77 navigable airspace. Additionally, the airport has witnessed trees continue to attract large
birds of prey as they traverse within the airport's environment. Removing these trees will not only ensure
compliance with airspace requirements it will assist the airport in reducing the wildlife attractants. This in turn will
increase the safety of aircraft and airlines as they arrive and depart the airport.
SCOPE OF WORK:
Remove trees within areas identified on map to include the removal of elm, sycamore, maple, cottonwood, Russian
olives, willow spruce and other species identified in areas. Removal of trees will include wood disposal, chipping,
and stump grinding to grade where all debris will be removed from area. Methods of removal will be at contractor's
discretion but must ensure the earth and trees adjacent to streams are left undisturbed and ground to be left at
grade. Specific trees east of 16th Ave and south of the airport approach lighting will require trees to be topped to
ensure they provide shade along Spring Creek.
INSTRUCTIONS TO THE CONTRACTOR
Please return your lowest price for the following project by 2:00 p.m., September 13, 2018 to the Yakima City Clerk's
Office, 1st floor of City Hall. If you have any questions call Randy Tabert at (509)576-6579. The city reserves the right to
reject any or all quotations and to accept any or all items at the price quoted. The city intends to award this contract within
10 calendar days after bid opening.
9
QUOTE
Yakima Air Terminal / McAllister Field
Tree Removal Project
Yakima Air Terminal PFC No. 18-17-C-00-YKM
ITEM
NO.
PROPOSAL ITEM
PAYMENT SECTION
QTY
UNIT
UNIT PRICE
DOLLARS
AMOUNT
DOLLARS
1
MOBILIZATION
Per 2018 WSDOT Standard Specification 1-09.7
1
LS
2
TREE REMOVAL & DISPOSAL
Per Contract Specification #13
1
LS
3
STUMP GRINDING & REMOVAL
Per Contract Specification #14
1
LS
4
REPAIR OR REPLACEMENT
Per Contract Specification #20
1
FA
$1,000.00
$1,000.00
SUB TOTAL:
STATE SALES TAX 8.2%:
TOTAL:
Contractor's Signature: Date: _ / _ /
3
10
Yakima Air Terminal/McAllister Field Tree Removal Project
Yakima Air Terminal PFC No. 18-17-C-00-YKM
SPECIFICATIONS
I. GENERAL/SPECIAL INSTRUCTIONS
1. Description of Project:
This contract provides for the removal of trees within areas identified on attached map to include the
removal of elm, sycamore, maple, cottonwood, Russian olives, willow spruce and other species identified
in areas. Removal of trees will include wood disposal, chipping, and stump grinding to grade where all
debris will be removed from area. Methods of removal will be at contractor's discretion but must ensure
the earth and trees adjacent to streams are left undisturbed and ground to be left at grade. Specific trees
east of 16th Ave and south of the airport approach lighting will require trees to be topped to ensure they
provide shade along Spring Creek. This work as well as other related work all in accordance with the
Plans and Specifications as prepared by the City Engineer of the City of Yakima.
2. Workmanship:
The contractor shall furnish all labor, equipment, and materials, which are necessary to complete the
work as described in these specifications. Quality of workmanship shall conform to that which is usually
provided by the trade in general. A Performance Bond equal to the bid amount shall be required.
3. Regulatory Requirements:
The project shall be performed in a manner that is in compliance with all applicable federal, state and
local laws and regulations, including, but not limited to, vehicle regulations (WSDOT/HMTUSA/other),
environmental laws and regulations (EPA/WDOE/local), and health and safety laws and regulations
(OSHA/WISHA/City Safety Codes).
4. Records:
The contractor shall maintain operational records at its place of business for a minimum of five years.
These records shall include: point of material pick up, type of material, quantity of material.
5. Prevailing Wages:
The contractor will comply with all provisions of Chapter 39.12 RCW - Prevailing Wages on Public Work.
A. RCW 39.12.010 - The Prevailing Rate of Wage: Contact the Department of Labor and Industries,
to confirm current prevailing wage rate for applicable workers on this particular public work
project.
B. RCW 39.12.040 - Statement of Intent to Pay Prevailing Wages and an Affidavit of Wages Paid:
Before the City may pay any sum due on account, it must receive a statement of Intent to Pay
Prevailing Wages approved by the Department of Labor and Industries. Following final
acceptance of a public work project, and before any final money is disbursed, each contractor
and sub -contractor must submit to the City an Affidavit of Wages Paid, certified by the
Department of Labor and Industries.
C. RCW 39.12.070 - Fees Authorized for Approval Certification and Arbitrations: Any fees charged
by the Department of Labor and Industries for approvals or fees to cover costs of arbitration
conducted shall be the responsibility of the contractor.
6. Termination - Cause:
The City reserves the right to terminate this contract at any time, upon written notice, in the event that the
services of the Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of
the terms and conditions contained in this agreement. In addition to the foregoing right of termination, the
City may terminate this contract, with or without cause, upon thirty (30) days written notice to Contractor.
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7. Right to Award:
The City of Yakima reserves the right to make contract award by Schedule or on an all or none basis,
whichever is in the best interest of the City.
8. Submission of Quote:
Quote shall be submitted to the City Clerk's Office, Yakima City Hall, 129 North 2nd Street, Yakima,
WA, 98901, by 2:00 p.m. on September 13, 2018 in a sealed envelope labeled Yakima Air Terminal
/McAllister Field Tree Removal Project, Yakima Air Terminal PFC No. 18-17-C-00-YKM
with the quote due date written on it.
Bidders will not be allowed to adjust their quotes after submission.
9. No Disturbance:
The contractor shall not disturb grounds or materials outside the sphere of the contracted project.
10. Coordination:
The contractor will coordinate his work with City of Yakima Construction Supervisor Bruce Floyd at
509-576-6138 or 509-728-3457.
11. Timing:
Successful vendor shall coordinate with contacts listed above as to when work will be accomplished.
Work shall be completed within 30 working days from the date of the notice to proceed.
12. Safety:
Ensure that all tree removal & trimming/pruning services provided under this Agreement are performed
safely & in accordance with all applicable federal, state, & local laws & regulations.
Mandatory safety practices include the following:
a. Upper booms & personnel baskets of aerial lifts must be fully insulated at all times.
b. Electrically approved hardhats must be worn at each work site.
c. Aerial lift truck outriggers must be down whenever the aerial lift is in operation.
d. Chocks shall be properly placed to the front & back of the aerial lift truck whenever the aerial lift is
going to be used. The outriggers shall not be substituted for use of the chocks.
e. Eye protection (i.e., safety goggles, face shield) shall be worn at all times at work site.
f. Safety belts must be worn & properly connected to the aerial lift by persons using the aerial lift.
g. Proper safety equipment shall be used during all stump grinding & chipping operations.
h. Owner/Operators: While it is understood that owner/operators are not required to follow the same
safety rules administered by the Department of Labor & Industries, by submission of a bid, it shall be
expressly understood that due care shall be exercised at all times to maintain a safe environment.
Anytime an owner/operator hires an employee, the employee shall be required to follow all pertinent
safety rules. Owner/operators are still required to maintain the proper certificates of insurance in full
force & effect & the City of Yakima and Yakima Air Terminal/ McAllister Field shall be held harmless
of any liability whatsoever that could result from injuries, property damage, etc.
i. The Agent for the City of Yakima or his/her designee may order that the CONTRACTOR stop work
whenever any safety violation is observed &/or evidenced. The CONTRACTOR shall comply with the
stop work order & shall not resume work until the safety violation is corrected to the satisfaction of the
City of Yakima Agent or his/her designee. The CONTRACTOR shall not be entitled to any
compensation for time during the period of the stop work order. Identification & location of all
underground utilities are the responsibility of the Contractor. The Contractor shall:
1. Proceed with sufficient caution to preclude damaging any utilities known or unknown. In the
event unidentified utilities are encountered, the contractor must notify the Owner immediately.
2. In the event utilities are damaged during construction, temporary services &/or repairs must be
made immediately, at the Contractor's expense, to maintain continuity of services.
13. Approximate Quantities:
The following numbers are estimates of the number of trees in each identified area:
6
12
Area 1: 45 trees
Area 2: 4 trees
Area 3: 90 trees
Area 4: 60 trees
Area 5: 10 trees
Area 6: 5 trees
Area 7: 7 trees
Total estimated number of trees: 221
Tree sizes vary from 4" to 16" trunk size.
14. Stump Grinding & Removal:
Stump & roots shall be removed below ground level to a minimum depth of six inches & then chemically
treated to ensure no suckers grow within 12 months OR remove the entire trunk to where chemical
treatment is not necessary. Remove all debris including wood chips. Where trunks are removed
Contractor will be required to fill hole with material meeting the specification for Select Borrow & rake
level.
15. Business License:
All bidders shall have a valid and current business license issued by the City of Yakima covering this type
of work. It will be the contractor's responsibility to obtain any licenses or permits required, to complete the
project.
16. Right to Reject:
The City of Yakima reserves the right to reject any or all quotes or accept any presented which meet or
exceed these specifications and which they may deem to be in the best interest of the City and will not
necessarily be bound to accept the low quote.
17. No Preferences:
No exceptions will be considered that may tend to give an individual bidder a distinct advantage.
18. Contractor's Liability Insurance (Sample Certificate Attached):
The contractor shall obtain and maintain in full force and effect during the term of the contract,
commercial general liability coverage and automobile coverage with insurance carriers admitted to do
business in the State of Washington. The insurance companies must carry a Best's Rating of A- VII or
better. The policies will be written on an occurrence basis subject to the following minimum limits of
liability:
Commercial General Liability:
Combined Single Limit: $1,000,000 Per Occurrence
$2,000,000 Annual Aggregate
The City of Yakima, its agents, elected and appointed officials, and employees are to be listed as
additional insured under the policies.
The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate
will provide 45 days' notice of cancellation, and under the cancellation section, the wording "endeavor to"
and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its
agents or representatives" will be crossed out. A copy of the additional insured endorsement attached to
the policy will be included with the certificate.
The contract shall also maintain workers compensation through the State of Washington. If at any time
during the life of the contract or any extension, the contractor fails to maintain the required insurance in
full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain
the required insurance may be sufficient cause for the City to terminate the contract.
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19. Compliance with Immigration and Naturalization Act
The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986, as amended. The
City requires that all contractors or business entities that contract with the City for the award of any City
contract for public works in excess of Five Thousand Dollars ($5,000), or any other City contract in excess
of Two Thousand Five Hundred Dollars ($2,500), enroll in the E -Verify program or its successor, and
thereafter to verify its employees' proof of citizenship and authorization to work in the United States.
E -Verify will be used for newly hired employees during the term of the contract only; it is not to be used
for existing employees.
The Contractor must remain enrolled in the program for the duration of the contract and be responsible
for verification of every applicable subcontractor. If the contractor has not previously filed an E -Verify
Compliance Declaration with the City, the contractor must sign the attached E -Verify Compliance
Declaration and submit it to the City prior to being awarded the contract. Failure to do so may be cause
for rejection of the bid.
20. Repair or Replacement:
This work shall consist of repair of any incidental damages to miscellaneous items within or adjacent to
the project area. This includes complete replacement of items that are beyond repair as determined by
the Engineer.
Payment for "Repair or Replacement" shall be made by force account.
For the purpose of providing a common proposal for all bidders, and for that purpose only, the City has
estimated the force account for "Repair and Replacement", and has arbitrarily entered the amount for the
pay item in the proposal to become a part of the total bid by the Contractor.
21. Access Points/Airport Security
Contractor access for this project shall be through designated vehicle gates located throughout
the airfield and designated by airfield maintenance specialists. Once the contractor enters the
airfield, the contractor must secure the gate and unlock the security gate whenever they require
exiting. The Contractor must meet badging requirements in accordance with 49 CFR Part 1542
at all times. The Contractor shall have a minimum of two representatives badged for the project
prior to commencing work.
22. Vehicle and Pedestrian Operations
Contractor operations will be confined to the highlighted areas within the selected areas to
remove trees. All contractor personnel and equipment will remain clear of the movement area
and all other active portions of the AOA. If the Contractor requires access to active portions of
the AOA, they must be escorted by Airport personnel that are approved to access such areas. If
unescorted vehicles are required to operate within the AOA, they will be required to utilize an
amber flashing light. This includes vehicles or equipment operated by the Contractor. The driver
of any vehicle operating in the AOA will be required to undergo driver training by the airport.
All other construction equipment and vehicles will be marked and/or lighted in accordance with
FAA AC 150/5210-5, Painting, Marking, and Lighting of Vehicles Used on an Airport, current
edition (available at
https://www.faa.gov/documentLibrary/media/Advisory_Circular/150_5210_5d.pdf). Per AC
150/5210-5, this includes providing vehicles with a flag on a staff attached to the vehicle so that
the flag will be readily visible. The flag must be at least a 3 -foot by 3 -foot (0.9 meter by 0.9
meter) square having a checkered pattern of international orange and white squares at least 1
foot (300 mm) on each side. Construction equipment shall be chosen that poses the least
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danger to aircraft while being sturdy enough to remain in place when subjected to typical winds,
prop wash and jet blasts.
Per FAA AC 150/5210-20A, Ground Vehicle Operations to include Taxiing or Towing an Aircraft
on Airports (available at https://www.faa.gov/documentLibrary/media/Advisory_Circular/150-
5210-20A.pdf), and inadvertent entry by vehicles onto movement and non -movement areas of
an airport poses a danger to both the vehicle operator and aircraft on the airport. Contractor
vehicles will be confined to the project areas with barricades, high visibility fencing, or other
physical barrier.
22. Haul Routes
Contractor haul routes have been defined for each area of this project.
23. Training Requirements for Vehicle Drivers
All Contractor personnel shall adhere to all safety provisions established by the FAA and the
Airport Management. All Contractor personnel shall have a clear understanding of security
protocols in accordance with Airport Management, FAA, and the Contract Documents. Any
violation will be the Contractor's responsibility and could result in revocation of driving privileges
or removal from the airfield. Driving protocols will be provided by the Airport when the
Contractor applies for their driving and security badges.
24. Maintenance of the Secured Area of the Airport
Gates should be equipped so they can be securely closed and locked to prevent access by
animals and unauthorized people. Procedures shall be in place to ensure that only authorized
persons and vehicles have access to the AOA and to prohibit "piggybacking" behind another
person or vehicle. The Contractor shall meet badging requirements in accordance with 49 CFR
Part 1542, Airport Security, to meet standards for access control, movement of ground vehicles,
and identification of construction contractor and tenant personnel.
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CONTRACT
THIS AGREEMENT, made and entered into in triplicate, this day of , 2018, by and between the City of Yakima, hereinafter called
the Owner, and a Washington Corporation, hereinafter called the Contractor.
WITNESSETH:
That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and
agree as follows:
I. The Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID AMOUNT OF:
, for Yakima Air Terminal / McAllister Field Tree Removal Project, Yakima Air Terminal PFC No. 18-17-C-00-YKM, all in
accordance with, and as described in the attached plans and as described in the attached specifications and Division 1 of the 2018 Standard
Specifications for Road, Bridge, and Municipal Construction which are by this reference incorporated herein and made a part hereof, and shall
perform any alterations in or additions to the work provided under this contract and every part thereof.
Work shall start within ten (10) days after the Notice to Proceed and shall be completed in Thirty (30) working days. The first chargeable working day
shall be the 11th working day after the date on which the City issues the Notice to Proceed.
If said work is not completed within the time specified, the Contractor agrees to pay to the Owner the sum specified in the Standard Specifications for
each and every day said work remains uncompleted after expiration of the specified time, as liquidated damages.
The Contractors shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the transfer of
materials and for constructing and completing the work provided for in this contract and every part thereof, except such as are mentioned in the
specifications to be furnished by the City of Yakima.
II. The City of Yakima hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the
materials and to do and cause to be done the above described work and to complete and finish the same according to the attached plans and
specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and
the schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the conditions provided for in this contract.
III. INDEMNIFICATION. The Contractor shall defend, indemnify, and hold harmless the City, its officers, elected officials, employees and
agents from and against any and all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not
limited to, attorneys fees and court costs, arising out of, relating to, or resulting from The Contractor's performance or non-performance of the
services, duties and obligations required of it under this Agreement.
IV. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full
performance of all the covenants herein contained upon the part of the Contractor.
V. It is further provided that no liability shall attach to the City of Yakima by reason of entering into this contract, except as expressly
provided herein.
IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein above written.
Countersigned: CITY OF YAKIMA CONTRACTOR
this day of 2018. , a Corporation
Contractor
City Manager
Attest:
City Clerk
By:
(Print Name)
Its:
(President, Owner, etc.)
Address:
11
PERFORMANCE BOND
BOND TO CITY OF YAKIMA
KNOW ALL MEN BY THESE PRESENTS:
16
That whereas the City of Yakima, Washington has awarded to (Contractor) hereinafter designated as the "Principal"
a contract for the construction of the project designated Yakima Air Terminal/ McAllister Field Tree Removal Project, Yakima Air Terminal PFC
No. 18-17-C-00-YKM, all as hereto attached and made a part hereof and whereas, said principal is required under the terms of said contract to
furnish a bond for the faithful performance of said contract:
NOW, THEREFORE, we, the principal, and (Surety), a corporation,
organized and existing under and by virtue of the laws of the State of , duly authorized to do business in the State of
Washington, as surety, are jointly and severally held and firmly bound unto the City of Yakima, Washington, in the sum of $ (Total
Contract Amount) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by those presents.
THE CONDITIONS OF THIS OBLIGATIONS IS SUCH, that if the above bonded principal shall faithfully perform all of the provisions of said contract
in the manner and within the time therein set forth, or within such extensions of time as may be granted under said contract, and shall pay all
laborers, mechanics, sub -contractors and material men, and all persons who shall supply said principal or sub -contractors with provisions and
supplies for the carrying on of said work, and shall hold said City of Yakima, Washington, their employees, agents, and elected or appointed officials,
harmless from any damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal, or any
sub -contractor in the performance of said work and shall indemnify and hold the City of Yakima, Washington, its employees, agents, and elected or
appointed officials, harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects
developing in the material or workmanship provided or performed under said contract, within a period of one year after its acceptance by the City of
Yakima, Washington, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect.
This obligation is entered into in pursuance of the statutes of the State of Washington, and the Ordinances of the City of Yakima, Washington.
IN WITNESS WHEREOF, the said principal and the said surety have caused this bond to be signed and sealed by their duly authorized officers this
day of , 20.
Approved as to form:
(City Attorney)
13
(Principal)
By:
(Signature)
(Print Name)
(Title)
(Surety)
By:
(Signature)
(Print Name)
(Title)
CERTIFICATE OF
1_,IAB1 reiNSURANCE
17
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVE '6 •GE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER* AND THE CERTIFICATE HOLDER.
IMPORTANT: ff the certificate holder is art ADDITIONAL INSURED, the policy( les} must tae endear d. Ef SUBROGATION IS_ WAIVED, sub)
the terms and conditions exf the policy, certain policlds may require an -endorsement. A statement this certificate does not confer rights t
certificate holder in lieu of such endorsement(
ODUCER insuranceAgent
Address
Ctty, State, ZIP Code
NEu
Contractors Name
Contractors Address
COVERAGES
CERTIFICATE NU
CONTACT
NAME: :....
PHONE
AIC, 4e Exit
E:........
ADDRESS:
PRODUCER
CUSTOMER ID #1.
INSL
F,
RA: *..A-Vt
R: (Certificate No.),
t:
U RE
RP:
EVISION NUMBER: See
Io'
THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN' MAY HAVE BEEN REDUCED BY PAID CLAIMS.
A
POU NUM R.... ::lM IDDI YTTIEFF > POLIEXP Y1;
Policy No.
MERCIAL GENET
E X
AUT
AGGREGATE LIMIT
POLICY X. EC4T
IES PER,
No.
Dat
Y AUT(i
L OWNED AUTOS
CHEDULEOAUTOS..
HIRED AUTOS
ED.AUTOS
0 E8
CE
DA ET
PREMISES, (Ea ::._...__sammance}
MED EXP (Any one Sows)
PERSONAL & ADV INJURY
GENE AGGREGATE
N
5.MO
RODUCTS - COMPIOP AG 5
COP
(Es
2tt
2i
EEO SINGLE LIMIT
0 D
JURY
BODILY INJURY (Pe
PROPERTY DAMAGE
(Per accident)
D
A
DEDUCTIBLE
RETENTION:
RKERS COMPS
ANDEMPLOYERS.' LABILITY
ANY PRCFRIETORtP TNERIEXEC
OFFICE EMBER EXCLUDED?.
(Mandatary leo N€T):...
ESANN* der
URIPTION OF OPEIATIONS
NSA'
Policy No„
op trap/Employers Liability
Date
STATIN v 14TH-
LIMITS
E.E.EACH ACCIDENT
Et<, DIS SE. EAETviPLOYEEi
DIS E POLICY LIMIT
YESCRIPTI L1P HS 1 LOCATE 1 IC S {A:: ACORD 96#, A#tlarrsl Remarks Schhedufe..:M mare 5555* l9 raa#cak }
(Project Name and Prot Number) The City of Yakima, its agents, employees, vaultrs, and elected and appoli
10 Days Notice of Can
Nr
payment of Premium, 30 Days Notice for ail other reasons.
ditional insureds.
CERTIFICATE HOLDER
City of Yakima
129 N. 2nd Street
Yakima, WA 98901
hI
ACORD 25 (20091
ep
AA 1995446 issuee an 4:
The ACORD Hart
nd lo
CANCELLATION
SHOULD ANY DF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE, POLICY PROVISIONS,
15
I$-2009 ACORD CORPO
of ACORD
TION. All
It
ed.
COMMERCIAL GENERAL LIABILITY
WN GI. 49 01 09
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY,
ADDITIONAL INSURED OWNERS, LESSEES OR
CONTRACTORS - AUTOMATIC STATUS WHEN
REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU
PRIMARY AND NONCONTRIBUTORY
This endorsement
files insurance provided under the folkswing:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section fl— Who Is An Insured is amended to
include as an additional insured any person or or-
ganization for whom you are performing operations
when you and such person or organization have
agreed in writing in a contract or agreement that
such person or organization be added as an addi-
tional insured on your policy. Such person or or-
ganization is an additional insured only with respect
to liability for 'bodily injury", ''property damage" or
personal and advertising injury" caused, in whole
or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your 0 ng operations for
the additional insured.
A person's or organizationts status as an additional
insured under this endorsement ends when your
operations for that additional insured are com-
pleted.
B. The Limits of Insure appli • to the additional
insured are • t specified Irrthe . it tract
or written agreement or in the it = ions of this
policy, whichever is less. These Limits of Insur-
ance are inclusive of, and not in addition to Limits
of Insurance shown in the Declarations.
C. With respect to the insurance afforded to these
addltkinal insureds, the following additional exclu-
sions apply:
This insurance does not apply to;
1. *Bodily injury", "property damage" or "personal
and advertising injury" arising out of the render-
ing of, or the failure to render, any professkinal
architectural, engineering or sunreying services,
including:
WN GL 49 01 09
18
a. The preparing, approving, or failing to pre-
pare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and specifica-
tions; or
b. Supervisory, inspection, architectural or
engineering activities.
2, "Bodily injury* or "property damage" occurring
after:
a. All work, including materials, parts or equip-
ment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by
or on behalf of the additional insured(s) at
the location of the covered operations has
been completed; or
b. That portion of "your work* out of which the
injury or damage arises has been put to its
intended use by any perste) or organization
other than another contractor Or su* trac-
ed in pe o.• s bx a
asamt tA et*
D. As respects the coverage provided under this en-
dorsement, Paragraph 4.b, of the Other Insurance
Condition is deleted and replotted by the following:
4. Other insurance
b. Excess Insurance
This insurance is excess over any other
insurance naming the additional insured as
an insured whether primary, excess, contin-
gent or on any other basis unless the written
contract or agreement described in A. above
specifically requires that this insurance be
provided on either a primary basis or a pri-
mary and noncontributory basis.
includes copyrighted Malenal oInsurance Services Office Inc, vottit i permissiort, Page 1 oil
16
1 9
POLICY NUMBER: CPP 1009640 01 COMMERCIAL GENERAL LIABILITY
CG 25 03 05 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
DESIGNATED CONSTRUCTION PROJECT(S)
GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
!Designated Construction Projectisi:
COVERAGE APPLIES TO
CERTIFICATES OF INSURANCE
REFERENCING FORM CG2503
Information required to complete this Schedule, if net shown above, will be shown in the Declarations.
A. For all sums which the insured becomes le
gaily obligated to pay as damages caused by
"occurrences" under Section I - Coverage A,
and for all medical expenses caused by acci
dents under Section 1 - Coverage C, which
can be attributed only to ongoing operations
at a single designated construction project
shown in the Schedule above:
1. A separate Designated Construction Proj-
ect General Aggregate Limit applies to
each designated construction project, and
that limit is equal to the amount of the
General Aggregate Leta shown in the
Declarations.
2, The Desigriated Construction Project Gen-
eral Aggregate Urnit is the most we will
pay for the sum of all damages under
Coverage A, except damages because of
"bodily injury* or *property damage"
included in the "products -completed oper
ations hazard", and for medical expenses
under Coverage 0 regardless of the
number of:
a. Insureds;
b. Claims made or "suits" brought; or
G. Persons or organizations rnaking
claims or bringing "suits
3. Any payments made under Coverage A
for damages or under Coverage 0 for
medical expenses shall reduce the Desig-
nated Construction Project General Aggre-
gate Limit for that designated construction
project. Sixth payments shall not reduce
the General Aggregate Limit shown in the
Declarations nor shall they reduce any
other Designated Construction Project
General Aggr -te Limit for any other
designated conetructien project shown in
the Schedule above.
4. - limits shown in the Declarations for
Each Occurrence, Damage To Premises
Rented To You and Medical Expense
continue to apply, However, instead of
being subject to the General Aggregate
Limit shown in the Declarations, such
limits will be subject to the applicable
Designated Construction Project General
Aggregate Limit.
B. For all sums which the insured becomes
legally obligated to pay as damages caused by
"occurrences' under Section 1 - Coverage A,
and for all medical expenses caused by
I-
pray to
operations at a single designated construction
project shown in the Schedule above:
1. Any payments made under Coverage A
for damages or under Coverage 0 for
medical expenses shall reduce the amount
available under the General Aggregate
Limit or the Products -completed Opera
tions Aggregate Limit, whichever is ap-
plicable; and
4.
CG 25 03 OS 09 0 Insurance Services Office, Inc., 200B Page 1 of 2
Waiters 'Kluwer Fiveracial Services I Uniform Forms
17
2. Such payments shall not reduce any Des
"grimed Construction Reject General
Aggregate Limit
C. When coverage for liability arising out of the
'products -completed operations hazard* is
provided, any payments for damages because
of "bodily injuryor "'prop damage"' in
canted in the 'products -completed operations
hazard" will reduce the Products -completed
Operations Aggregate Limit, and not reduce
the Genera Aggregate Limit nor the Desig-
nated Construttion Project General Aggregate
Limit
Page 2 of 2
D. if the applicable designated construction prop
ect has been abandoned, delayed, or aban-
doned and then restarted, or if the authorized
contracting parties deviate from plans, blue
prints, designs, specifications or timetables,
the project bail stilt be deemed to be the same
construction project,
The provisions of Section III - Limits Of In-
surance not otherwise modified by this
endorsement shall continue to apply as
stipulated.
*Insurance Services Office„ Inc., 2008 CG 25 03 05 09
18
20
21
COMPLIANCE WITH IMMIGRATION AND NATURALIZATION ACT
The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986, as amended. The City
requires that all contractors or business entities that contract with the City for the award of any City contract
for public works in excess of Five Thousand Dollars ($5,000), or any other city contract in excess of Two
Thousand Five Hundred Dollars ($2,500), enroll in the E -Verify program or its successor, and thereafter to
verify its employees' proof of citizenship and authorization to work in the United States.
E -Verify will be used for newly hired employees during the term of the contract ONLY: it is NOT to be used for
existing employees.
The Contractor must remain enrolled in the program for the duration of the contract and be responsible for
verification of every applicable subcontractor. The contractor shall sign and return with their bid response the
E -Verify Declaration below. Failure to do so may be cause for rejection of bid.
E -VERIFY COMPLIANCE DECLARATION
The undersigned declares, under penalty of perjury under the laws of Washington State that:
1. By submitting this Declaration, I certify that I do not and will not, during the performance of this
contract, employ illegal alien workers, or otherwise violate the provisions of the Federal Immigration
Reform and Control Act of 1986.
2. I agree to enroll in E -Verify prior to the start date of any contract issued by the City of Yakima to ensure
that my workforce is legal to work in the United States of America. I agree to use E -Verify for all newly
hired employees during the length of the contract.
3. I certify that I am duly authorized to sign this declaration on behalf of my company.
4. I acknowledge that the City of Yakima reserves the right to require evidence of enrollment of the E -
Verify program at any time and that non-compliance could lead to suspension of this contract.
Firm Name:
Dated this day of , 20
Signature:
Printed Name:
Phone #: Email Address:
19
To: (Contractor)
C ty of Yakima
Yakima Air Terminal Obstruction Removal
and Wildlife Habitat Modification
Top Tree Service LLC
6105 W. Van Giesen St.
West Richland, WA. 99353
L
Change Order
Change Order Number 1
Change Order Date January 11. 2019
Contract Number R018-18
Contract Date November 1, 2018
You are directed to make the following changes in this Contract:
• Topping of 35-40 trees in area one (1) of the project specifications
• Removal of 4-5 trees (induding stump grinding) from the west side of Washington Avenue
• Disposal of brush, chips and rubbish
• Includes removal of barbwire fence and t -posts. Disposal of materials is the responsibility of the contractor
• All work will be paid in lump sum price of $15,524.97
• Payment will not exceed negotiated pricing
Negotiated price is $15,524.97 plus tax of 8.2% for a grand total of $16,796.97
Total this change order of $16,796.97
Add 5 calendar days to project
This is to be considered as much a part of the contract documents as if it was included in the original contract.
Not valid until signed by both the Imp/memo Authority and Contractoo
Signatum of the Contractor indicated agreement hermorth, including any adjustment on the Contract Sum or Contract Time.
The original Contract Sum was
Net change by previous Change Orders $ 0
The Contract Sum prior to this Change Order . $ 106,577.00
The Contract Sum will be: EN Increased 0 Decreased 0 Unchanged by this Change Ord $ 16,796.97
The New Contract Sum including this Change Order will be . $ 123_,373.97
The Contract Time will be: E1 Increased 0 Decreased 0 Unchanged by 5 working days
The New Contract Time will be 45 working days
Contractor '-'
ABY p(-pro..'"„ya'4l Re,,4c,,..o",
n
ertde- d *Del OPB Mar. , Approval :,.
eco/
nmended
v _
iP.nc....-
Date ,,,Ziyta // natio I i I 15'
Date
Based on
DOT Form /0-0011 EF
Revised 9/93
Original to: 0 Contractor
, Date
Chief Engineer
Ap
City Manager
Copes to: 0 Region 0 Construction Administrator
OSC Accounting 0 City Engineering
P-0 er
CITY CONTRACT NR
RESOLUTION NO:
Yakima Air Terminal January 11, 2019
City of Yakima Project #2018-182
Attachment to Change Order No. 1 dated January 11, 2019
Summary of Work:
A. Ton 35-40 trees in Area One (1) of the project specifications
Top 35-40 trees to previous cutline for trees along the Spring Creek.
B. Remove 4-5 trees along West Washington Avenue
Remove 4-5 trees, outside of the original project specification scope, along West
Washington Avenue. Removal shall include stump grinding and disposal of all spoils.
C. Remove and dispose of fence
Remove and dispose of approximately 200 linear feet of 4 feet tall barbwire and wire
mesh fence and associated t -posts.
Logic for pricing:
The original project scope bid of $83,000 for removal of 221 trees is equal to $375.60 per
tree. This change order reflects the addition of approximately 40 trees.
Tree Removal and disposal: $15,024.97
Stump grinding and removal (includes mobilization) $ 500.00
Sales tax 8.2% $ 1,272.97
Total $16,796.97
Total Change Order No. 1: $16,796.97