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Home My WebLink About06/07/2022 06.G. Resolution authorizing an agreement with Active Construction, Inc. for the Naches River Water Intake Project 1 sAieti ,'',„`Y�',11�1 '�,�--.\410*. 4 :yes ",,,Z(:,".f.'2,22Y BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.G. For Meeting of: June 7, 2022 ITEM TITLE: Resolution authorizing an agreement with Active Construction, Inc. for the Naches River Water Intake Project SUBMITTED BY: Scott Schafer, Director of Public Works David Brown,Assistant Director of Public Works Mike Shane, Water/I rrigation Engineer, 509-576-6480 SUMMARY EXPLANATION: Recent flood and high-water events has moved the main flow of the Naches River away from the Water Treatment Plant water intake. This project installs engineered log jams and rock groins to redirect the Naches river back to the water treatment plant water intake structure. City staff used the State bidding process to advertise for competitive bids; selecting Active Construction, Inc. as the low bidder with the bid of $2,645,645. The Agreement is attached for City Council review in an amount not to exceed $2,645,645. The project is funded by the 477 Water Improvement Fund. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type 0 Resolution 5/9/2022 Resolution 0 Naches Intake Agreement-ActiNie Construction 5/20/2022 Contract 2 RESOLUTION NO. R-2022- A RESOLUTION authorizing an agreement with Active Construction, Inc. for Project No. AC2335 Naches River Water Intake Project. WHEREAS,the City of Yakima owns, operates, and maintains the Domestic Water Supply and Storage System in accordance with applicable Federal, State and Local regulations; and WHEREAS, recent flood and high-water events has moved the main flow of the Naches River away from the Water Treatment Plant water intake; and WHEREAS, redirection of the river is necessary; and WHEREAS, under resolutions R2011-154 and R2019-008, the City entered into an agreement with Golder Associates, Inc. to prepare the plans and contract documents for Naches River Water Intake Project; and WHEREAS, the City of Yakima Water/Irrigation Division requires construction services for the river intake improvements; and WHEREAS, the City of Yakima used the procedure established by the State of Washington for competitively bidding projects; and WHEREAS, Active Construction, Inc. submitted the low bid and has the ability to perform the contract specified work; and WHEREAS, the project is funded by the 477 Water Improvement Fund; and WHEREAS, the City Council finds that it is in the best interest of the City of Yakima and its residents to enter into a contract with Active Construction, Inc. to perform the work detailed in the contract documents for the Naches River Water Intake Project; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the attached contract with Active Construction, Inc., in the amount of Two Million Six Hundred and Forty-Five Thousand Six Hundred Forty-Five Dollars ($2,645,645) for The Naches River Water Intake Project. ADOPTED BY THE CITY COUNCIL this 7'h day of June, 2022. ATTEST: Janice Deccio, Mayor Sonya Clear Tee, City Clerk 3 CONTRACT THIS AGREEMENT, made and entered into in triplicate, this day of , 2022, by and between the City of Yakima, hereinafter called the Owner, and Active Construction, Inc., 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: l. P.-- $_2,645,645.00_, for Naches River Water Intake Project - City Project No. AC2335, all in accordance with, and as described in the attached plans and specifications and the 2022 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 one-hundred and sixteen (116) working days, Work on or from Spring Ranch shall be completed in on-hundred and twenty (120) consecutive days. If work has not commenced within the ten (10)days after the Notice to Proceed,the first chargeable working day shall be the 11'h 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 IIwritten. Countersigned: CITY OF YAKIMA CONTRACTOR 111 this day of 2022. Active Construction, Inc. ,a Corporation 1 r5 By: —erg' IN City Manager , _ Attest: David Ceccanti (Print Name) 1 City Clerk Its President (President,Owner,etc.) 111 Address: Physical Address: 5110 River Road East,Tacoma,WA 98443 Mailing Address: PO Box 430, Puyallup,WA 98371 I' Naches River Water Intake Project-City Project No.AC2335 64 11