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HomeMy WebLinkAboutR-2025-078 Resolution authorizing an Agreement with Ascent Foooundation & More LLC for the Construction of the Expanding Water and Wastewater Access to Unserved Communities Project AC2570 & SC2605CONTRACT THIS AGREEMENT, made and entered into in triplicate, this Iday of �� , 2025, by and between the City of Yakima, hereinafter called the Owner, and Ascent Foundation & More, LLC , 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:$2,206,003.41 , for EXPANDING WATER AND WASTEWATER ACCESS TO UNDERSERVED COMMUNITIES, BOR Project No. R24P00579, City of Yakima Project No, AC- 2570/SC-2605, all in accordance with, and as described in the attached specifications and the 2025 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. Contract time shall begin on the first working day following the Notice to Proceed Date and shall be completed in one hundred sixty (160) 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 eleventh (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 Contractor 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, RCW 35.22.650: Contractor agrees that the Contractor shall actively solicit the employment of minority group members. Contractor further agrees that the Contractor shall actively solicit bids for the subcontracting of goods or services from qualified minority businesses. Contractor shall furnish evidence of the Contractor's compliance with these requirements of minority employment and solicitation, Contractor further agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially equal proposals in the light most favorable to said minority businesses, The Contractor shall be required to submit evidence of compliance with this section as part of the bid, Nothing in this Agreement, including, without limitation, the provisions of Section 16, shall require Contractor or any of its subcontractor(s) to take action that would be deemed discrimination or preferential treatment in violation of RCW 49.60,400. Pursuant to RCW 49,60.400(6), this Section does not prohibit action that must be taken to establish or maintain the City of Yakima's eligibility for any federal program, if ineligibility would result in a loss of federal funds to the City of Yakima. IV. The Contractor for itself, and for its 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 G:A PROJECTS \2022\22133E1Specs\22133 Spec,docx 4-2 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 Attest: (Printed Name) City Clerk CITY CONTRACT NO: L�/-'*�C RESOLUTION NO' 1� �`"7 J C13 CONTRACTOR Ascent Foundation & More, LLC , a WA Corporation Construction Company By: ontractor Signature (Printed Name) (President, Owner, etc.) Address: 106 N. Peoh Ave. Suite C Cle Elum, WA 98922 G:\PROJECTS 12022122133E1Specs122133 Specdocx 4-3 Washington State r' Department of Transportation Authorized Signatures List the name and title of those individuals in your organization who are authorized to execute proposals, contracts, bonds and other documents and/or instruments on behalf of the organization. Specify if more than one signature is required, NOTE: Signature must appear next to name Typed ) erle Jeff Schafer Vince Glondo Ease(TypeC) .. (Typed) S gr:atur Title Owner Tie General manager Title Title Title Tide ;t!e Title: • The undersigned, being duly sworn, deposes and says that the foregoing is a true stt!ent of facts concerning the individual corpration, co -partnership or joint venture herein named, as the date indicated. Be Exact 0y C LLC ommission Nurncer 23©33632 _u) Heather Johnsen My Appointment Expire: 9/21/2027 CERTIFICATIONS CITY OF YAKIMA EXPANDING WATER AND WASTEWATER ACCESS TO UNDERSERVED COMMUNITIES BOR PROJECT NO. R24P00579 CITY OF YAKIMA PROJECT NO. AC-2570/SC-2605 HLA PROJECT NO. 22133 Provide the following: (CV Cc 'o Name of Traffic ottrbol Manager (TCM) (Must be an employee of the Contractor) Phone: (CIA) �rt f - (--j3)q Email: jA( Cc op avCrA Name of Certified Traffic Control Supervisor (TCS) (Provide copy of certificate) Phone: Email: (s6G> \Ck.vkuLe @r,„\.bc,r-h- -tAic .ecq Name of Mandatory Alternate Certified Traffic Control Supervisor (TCS) (Provide copy of certificate) Phone: C`O Email: Name of Certified Testin aboratory for Material Testing G:\PROJECTS\2©22\22133E1Specs\22133 Spec.docx 4-5 BOND NUMBER: 54263792 CONTRACT BOND CITY OF YAKIMA EXPANDING WATER AND WASTEWATER ACCESS TO UNDERSERVED COMMUNITIES BOR PROJECT NO, R24P00579 CITY OF YAKIMA PROJECT NO. AC-2570/SC-2605 HLA PROJECT NO. 22133 BOND TO CITY OF YAKIMA KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, Ascent Foundation & More, LLC as principal, and United Fire & Casualty Company a corporation organized and existing under the laws of the State of Iowa , as a Surety corporation, and qualified under the laws of the State of Washington to become Surety upon bonds of contractors with municipal corporations, as Surety, are jointly and severally held and firmly bound to the City of Yakima in the penal sum of $ 2,206,003.41 for the payment of which sum we bind ourselves and our successors, heirs, administrators, or personal representatives, as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington and the Ordinances of the City of Yakima. Dated at Bellevue , Washington, this I day of / ,1L , 2025. Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to action of the City of Yakima, on rn( (, , 2025, the City Manager of said City of Yakima, has let or is about to let to the said Ascent Foundation & More. LLC , the above bounden Principal, a certain Contract, the said Contract being numbered HLA Project No, 22133, and providing for the construction of EXPANDING WATER AND WASTEWATER ACCESS TO UNDERSERVED COMMUNITIES which Contract is referred to herein and is made a part hereof as though attached hereto, and WHEREAS, the said Principal has accepted, or is about to accept, the said Contract, and undertake to perform the work therein provided for in the manner and within the time set forth; NOW, THEREFORE, if the said Ascent Foundation & More, LLC shall faithfully perform all 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 industrial insurance premiums, and all persons who shall supply said principal or subcontractors with provisions and supplies for the carrying on of said work, and shall indemnify and hold the City of Yakima harmless from any damage or expense by reason of failure of performance as specified in said Contract or from defects appearing or developing in the material or workmanship provided or performed under said Contract within a period of one year after its acceptance thereof by the City of Yakima, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. G:IPROJE CT S12022122133E15pecs122133 Spec.tlocx 4-6 BOND NUMBER: 54263792 CITY OF YAKIMA EXPANDING WATER AND WASTEWATER ACCESS TO UNDERSERVED COMMUNITIES BOR PROJECT NO. R24P00579 CITY OF YAKIMA PROJECT NO. AC-2570/SC-2605 HLA PROJECT NO. 22133 URE T Y: United Fire & Casual Co Attorney -in -fact) CONTRACTOR: Ascent Foundation & More, LLC Name: Roger Kaltenbach B (Please Print or Type) Agent: IMA Financial Group, Inc. Address: 2233 112th Avenue NE Bellevue, WA 98004 Surety Representative Name: Scott A. Garcia Surety Representative Phone: (425) 709-3600 Surety Representative Email: Scott.Garcia@imacorp.com Aa*rov-'d as to Form: City Attorney G:\PROJECTS\2022122133E\Speca\22133 Spec.docx 4-7 CONTRACTOR NAME THORTZED OFFICIAL'S SIGNATURE Name: M P f LQ 37( ��` hc-re,% (Please Print or Type) Item No. 7.G. For Meeting of: May 6, 2025 ITEM TITLE:Resolution authorizing an Agreement with Ascent Foundation & More, LLC for the Expanding Water and Wastewater Access to Underserved Communities Project AC2570 & SC2605 (Water and Wastewater Capital, USBOR Grant) SUBMITTED BY:Scott Schafer, Public Works Director Mike Price, Wastewater/Stormwater Division Manager *Mike Shane, Water/Irrigation Division Manager BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT SUMMARY EXPLANATION: Project AC2570 and SC2605 is located in the northeast area of the City of Yakima (City) near N. 4th St. and E. R St., and in the southcentral area of the City near S. 10th Ave. and Woodland Ave. This project provides the installation of public water and sewer main, including domestic water services and sanitary sewer laterals, to properties that currently do not have access to these services. The project also includes costs associated with providing the service connections to existing homes that wish to be connected. Sealed bids were received from five (5) contractors and publicly opened on Thursday, January 30, 2024 at 2:00 PM, with a total responsive low bid of $2,206,003.41 being offered by Ascent Foundation & More, LLC, of Cle Elum, WA. The engineer’s estimate for the project was $2,731,931.24. In addition to both Water and Wastewater capital funding, a grant to fund the construction of the water and wastewater systems was awarded by the United States Bureau of Reclamation as part of their WaterSMART Drought Response Program: Drought Resiliency Projects for Fiscal Year 2024 program in the amount of $4,949,298.00. The grant was approved by City Council on January 7, 2025. ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution_Water.Wastewater Unserved Areas Expanding Water.Wastewater Access_Ascent Fnd. Contract Package.pdf Expanding_Water.Wastewater_Access_Signed_BId_Summary