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HomeMy WebLinkAbout04/18/2023 06.J. Resolution authorizing a contract with Prospect Construction, Inc. for Project WP2631 Rehabilitation of Primary Clarifiers at the Wastewater Treatment Plant Y�'1114'+ BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.J. For Meeting of:April 18, 2023 ITEM TITLE: Resolution authorizing a contract with Prospect Construction, Inc. for Project WP2631 Rehabilitation of Primary Clarifiers at the Wastewater Treatment Plant SUBMITTED BY: Scott Schafer, Director of Public Works *Mike Price, Wastewater/Stormwater Division Manager 509-249- 6815 SUMMARY EXPLANATION: City of Yakima (City) Project WP2631 rehabilitates two of the four primary clarifiers at the wastewater treatment plant. The clarifiers were constructed in 1936 and were most recently rehabilitated in 1996. The Project will replace all clarifier mechanical components, repair and resurface the clarifier concrete surfaces, and line several of the attached pipes. The City utilized the procedure established by the State of Washington for competitively bidding projects. Three contractors submitted bids, with Prospect Construction, Inc. submitting the lowest bid of$4,102,380. The Contract is attached for City Council review. Funds are budged from Wastewater Capital Fund 472. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type Resolution Prospect Contract 4/3/2023 Resolution ❑ Contract 3/29/2023 Contract 2 RESOLUTION NO. R-2023- A RESOLUTION authorizing a Contract with Prospect Construction, Inc. for Project WP2631 Rehabilitation of Primary Clarifiers at the Wastewater Treatment Plant WHEREAS, the City of Yakima (City) operates and maintains the Yakima Regional Wastewater Treatment Plant in accordance with applicable Federal, State and Local regulations; and WHEREAS, two of the treatment plant's four primary clarifiers require the replacement of existing mechanical components and the repair and restoration of concrete clarifier surfaces to ensure compliance with the treatment plant's regulatory permit requirements for effluent quality; and WHEREAS, by Resolution R-2022-092, the City entered into an Agreement with Gray& Osborne, Inc. to prepare the plans and contract documents for the rehabilitation of primary clarifiers, and WHEREAS, the City's Wastewater Division requires construction services for the rehabilitation of the primary clarifiers; and WHEREAS, The City used the procedure established by the State of Washington for competitively bidding projects; and WHEREAS, Prospect Construction, Inc. submitted the low bid and has the ability to perform the contact specified work; 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 Prospect Construction, Inc. to perform the work detailed in the contract documents for the rehabilitation of primary clarifiers at the Wastewater Treatment Plant; 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 Prospect Construction, Inc., in the amount of FOUR MILLION ONE HUNDRED TWO THOUSAND THREE HUNDRED EIGHTY DOLLARS ($4,102,380), for the rehabilitation of two primary clarifiers at the Wastewater Treatment Plant. ADOPTED BY THE CITY COUNCIL this 18th day of April, 2023. 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 Prospect 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: $4,102,380.17 for Primary Clarifier Rehabilitation, City Project No. WP2631 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 ninety(90) 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 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 2022. ,a_ Corporation Contractor By: City Manager Attest: (Print Name) City Clerk Its: (President,Owner,etc.) Address: