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HomeMy WebLinkAbout02/07/2023 - 06.G. Resolution authorizing a Contract with ESF Solutions LLC for the Robertson Elementary School Safety Improvements Project 2562BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.G. For Meeting of: February 7, 2023 ITEM TITLE:Resolution authorizing a Contract with ESF Solutions LLC for the Robertson Elementary School Safety Improvements Project 2562 SUBMITTED BY:Scott Schafer, Director of Public Works * Bill Preston, City Engineer - (509) 576-6754 SUMMARY EXPLANATION: The City of Yakima (City) desires to enter into a contract with ESF Solutions LLC to perform school safety improvements in the vicinity of Robertson Elementary School on Project 2562. This project will install curb, gutter, sidewalks, ADA ramps, drainage and other work. The project is funded through the Washington State Department of Transportation Safe Routes to Schools Program Grant. The contract with ESF Solutions LLC is in an amount not to exceed $438,670.01 and has been attached for City Council review. ITEM BUDGETED:Yes STRATEGIC PRIORITY:Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type Resolution 1/11/2023 Resolution Contract 1/10/2023 Contract 1 RESOLUTION NO. R-2023- A RESOLUTION authorizing an agreement with ESF Solutions LLC for the Robertson Elementary Safe Routes to School project (PROJECT) 2562; WHEREAS, the City of Yakima (City) is in the process of improving School Safety at Robertson Elementary School; and WHEREAS, the City desires to enter into a contract with ESF Solutions LLC to perform construction of a marked crosswalk including illumination, rectangular rapid flashing beacons, ADA curb ramp retrofits, sidewalk with curb and buffer separation in the vicinity of Robertson Elementary School; and WHEREAS, the City used the procedure established by Washington State law for the bidding and awarding of public capital improvement projects; and WHEREAS, ESF Solutions LLC was determined to be qualified to construct the PROJECT; and WHEREAS, the construction is 100% funded by a WSDOT Safe Routes to School grant received by the City; and WHEREAS, the City Manager will not execute the contract if the bond and certificate of insurance are not received in accordance with the WSDOT Standard Specifications; and WHEREAS, the City Council finds that it is in the best interests of the City of Yakima and its residents to undertake the Robertson Elementary School Safety Improvements Project 2562 and enter into a contract with ESF Solutions LLC to do so; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute a contract with ESF Solutions LLC, attached hereto and incorporated herein by this reference, not to exceed $438,670.01 (four hundred and thirty-eight thousand six hundred and seventy dollars and one cent) to provide for the construction of the safe routes to school project as described in the Agreement. ADOPTED BY THE CITY COUNCIL this 7th day of February, 2023. Janice Deccio, Mayor ATTEST: Sonya Claar Tee, City Clerk 2 CONTRACT THIS AGREEMENT, made and entered into in triplicate, this ____ day of ___________, 202 3, by and between the City of Yakima, hereinafter called the Owner, and ESF Solutions 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 partie s 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:$438,670.01, for Robertson Elementary School Safety Improvements, City of Yakima Project No. 2562, all in accordance with, and as described in the attached 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 forty-five (45) 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 Stan dard 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 requir ed 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 release, indemnify, defend, and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this Agreement or the acts, failures to act, errors or omissions of the Contractor, or any Contractor’s agent or subcontractor, in performance of this Agreement, except for claims caused by the City's sole negligence. The City’s right to indemnification includes attorney's fees and costs associated with establishing the right to indemnification hereunder in favor of the City. 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 ___________ 2023. _______________________________,a Washington LLC Contractor __________________________________ By: ___________________________________________ City Manager Attest: _____________________________________________ (Print Name) _______________________________________ City Clerk Its: _____________________________________________ (President, Owner, etc.) Address: ____________________________________________________ ___________________________________________________ 3