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HomeMy WebLinkAbout06/20/2023 06.L. Resolution authorizing an agreement with Cortez Fencing for the construction of fencing along Naches Parkway 1 s F` ,1„11„4\ 4.. igikiiiiii),.... BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.L. For Meeting of: June 20, 2023 ITEM TITLE: Resolution authorizing an agreement with Cortez Fencing for the construction of fencing along Naches Parkway SUBMITTED BY: Scott Schafer, Public Works Director * Ken Wilkinson, Parks & Recreation Manager SUMMARY EXPLANATION: The City of Yakima (City) desires for the beautification and restoration of the two islands along Naches Parkway south of Yakima Avenue. Over the past few years, damage to the irrigation system and landscaping of the two islands have occurred on multiple occassions; costing the Parks & Rec Division a significant amount of funds to repair/replace. In order to properly maintain the two islands, it has been determined that fencing of the islands has become necessary. The City went out to bid for the Naches Avenue Parkway Fencing Project and selected Cortez Fencing. Cortez Fencing will install new decorative fencing and landscaping rock around the two islands along Naches Ave. from Yakima Ave. to Walnut St. The attached Agreement with Cortez Fencing is in an amount not to exceed $194,940 and will be funded utilizing REET Funds. ITEM BUDGETED: Yes STRATEGIC PRIORITY: NA APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type 0 Resolution 6/12/2023 Resolution ❑ Cortez Fencing-Naches Parkway Fencing 6/12/2023 Contract 2 RESOLUTION NO. R-2023- A RESOLUTION authorizing an agreement with Cortez Fencing, LLC for the Naches Avenue Parkway Fencing Project 2764. WHEREAS, the Naches Parkway is a set of islands that runs through Naches Avenue, both North and South for a number of blocks; and WHEREAS, on the blocks between Yakima Avenue and Walnut Street on the Naches Avenue Parkway the irrigation system and landscaping has been damaged on more than one occasion; and WHEREAS, in order to maintain the Naches Avenue Parkway the City Council finds it is necessary to fence a portion of the Naches Parkway; and WHEREAS, the City went out to bid for the City of Yakima—Naches Avenue Parkway Fencing Project—Re-bid City Project No. 2764, and Cortez Fencing was awarded said bid; and WHEREAS, Cortez Fencing shall provide all labor, materials and permits (as needed) to install new fencing and landscaping rock around the two islands of Naches Parkway along Naches Avenue from Yakima Avenue to Walnut Street subject to the terms and conditions of the bid documents, contract and standard specifications referenced therein; and, WHEREAS, the Scope of Work and Budget included in this contract meets the needs and requirements of the City of Yakima for this project; and WHEREAS, the City Council finds that it is in the best interests of the City and its residents to enter into the contract with Cortez Fencing to fence the Naches Avenue Parkway islands from Yakima Avenue to Walnut Street; 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 Cortez Fencing LLC, attached hereto and incorporated herein by this reference, not to exceed One Hundred Ninety Four Thousand Nine Hundred and Thirty Nine Dollars and Ninety Nine Cents ($194,939.99) to provide the construction services outlined in the contract. ADOPTED BY THE CITY COUNCIL this 20th day of June, 2023. Janice Deccio, Mayor ATTEST: Rosalinda Ibarra, City Clerk 3 CONTRACT THIS AGREEMENT, made and entered into in triplicate, this day of 2023, by and between the City of Yakima, hereinafter called the Owner,and Cortez Fencing,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: $194,939.99,for City of Yakima—Naches Avenue Parkway Fencing Proiect—Re-bid, City Proiect No. 2764, all in accordance with, and as described in the attached specifications and the 2023 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-five (35) 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 volunteersfrom 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 Limited Liability Company Contractor By: City Manager Attest: (Print Name) City Clerk Its: (President,Owner,etc.) Address: