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Home My WebLink About09/19/2023 06.E. Resolution authorizing a contract with Apollo Inc for the North 1st St Phase 3 Project 2580 1 s, !% a, 2 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.E. For Meeting of: September 19, 2023 ITEM TITLE: Resolution authorizing a contract with Apollo Inc for the North 1st St Phase 3 Project 2580 SUBMITTED BY: Scott Schafer, Director of Public Works * Bill Preston, PE, City Engineer(509) 576-6754 SUMMARY EXPLANATION: The City of Yakima's N 1st Street Phase 3 project #2580 includes the reconstruction of N 1st Street between MLK Blvd and "J" Street. The project includes excavation, surfacing, sidewalk, curb and gutter, storm drainage improvements, domestic water, landscaping, and irrigation work. The City used the procedure established by Washington State law for the bidding and awarding of public capital improvement projects with Apollo Inc being selected to provide construction on the projects in the amount not to exceed $10,247,584.39. The Agreement has been attached for City Council review. The project is funded with Federal NHFP and NHPP funds, Transportation Improvement Board funds, and Transportation Benefit District funds. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Upload Date Type ❑ Resolution 9/11/2023 Resolution 0 Contract 9/15/2023 Corer Memo 2 RESOLUTION NO. R-2023- A RESOLUTION authorizing an agreement with Apollo Inc for the North 1st Street Phase 3 Project 2580. WHEREAS, the City is resuming its efforts to continue the reconstruction and improvements of North 1st Street from "J"to "MLK" consisting of reconstruction and widening of the roadway, bike lanes, curb and gutter, sidewalks, curb ramps, illumination, and signals; and WHEREAS, the N 1st Street Phase 3 project received federal funding of $2,090,000 and $2,910,000, and $4,857,474, and; WHEREAS, the City desires to enter into a contract with Apollo Inc to perform the construction for the North 1st Street Phase 3 project; and WHEREAS, the City of Yakima used the procedure established by Washington State law for the bidding and awarding of public capital improvement projects; and WHEREAS, Apollo Inc was determined to be qualified to perform the needed construction work; and WHEREAS, the contract will be null and void if bond, certificate, and required insurance certificate and endorsement are not received within specified timeframe; 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 of the City of Yakima finds that entering into the contract with Apollo Inc for construction on the North 1st Street Phase 3 project is in the best interests of the City and its residents; 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 Apollo Inc, attached hereto and incorporated herein by this reference, not to exceed Ten Million Two Hundred Four- Seven Thousand Five Hundred Eighty-Four Dollars and Thirty-Nine Cents ($10,247,584.39) to provide construction services outlined in the contract. ADOPTED BY THE CITY COUNCIL this 19th day of September, 2023. Janice Deccio, Mayor ATTEST: Rosalinda Ibarra, City Clerk 3 CONTRACT THIS AGREEMENT, made and entered in triplicate,this day of ,20_, by and between the City of Yakima , hereinafter called the Owner, and Apollo, 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: $ 10,247,584.39 , for NORTH 1ST STREET REVITALIZATION PHASE 3, City of Yakima Project No. 2580, all in accordance with, and as described in the attached plans and 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. Contract time shall begin on the first working day following the Notice to Proceed Date and shall be completed in three hundred forty(340)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 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. Contractor agrees to 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 Contract or the acts, failures to act, errors or omissions of the Contractor, or any of Contractor's agents or subcontractors, in performance of this Contract, 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. G:\PROJECTS\2021\21061E\Spec\21061\21061 Spec.docx 4-2 4 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 20 Apollo, Inc. ,a Corporation Contractor By: City Manager Attest: (Print Name) City Clerk Its: (President, Owner,etc.) Address: 1133 W. Columbia Drive Kennewick,WA 99336 G:\PROJECTS\2021\21061E\Spec\21061\21061 Spec.docx 4-3 5 CERTIFICATIONS CITY OF YAKIMA NORTH 1ST STREET REVITALIZATION PHASE 3 FED AID NO. NHFP-4579(013) TIB PROJECT NO. 8-4-180(025)-1 CITY OF YAKIMA PROJECT NO. 2580 HLA PROJECT NO. 21061 Provide the following: Name of Traffic Control Manager(TCM) (Must be an employee of the Contractor) Phone: Email: Name of Certified Traffic Control Supervisor(TCS) (Provide copy of certificate) Phone: Email: Name of Mandatory Alternate Certified Traffic Control Supervisor(TCS) (Provide copy of certificate) Phone: Email: G:\PROJECTS\2021\21061E\Spec\21061\21061 Spec.docx 4-4 6 CONTRACT BOND CITY OF YAKIMA NORTH 1ST STREET REVITALIZATION PHASE 3 FED AID NO. NHFP-4579(013) TIB PROJECT NO. 8-4-180(025)-1 CITY OF YAKIMA PROJECT NO. 2580 HLA PROJECT NO. 21061 BOND TO CITY OF YAKIMA KNOW ALL PERSONS BY THESE PRESENTS: That we,the undersigned, Apollo, Inc. as principal, and a corporation organized and existing under the laws of the State of , 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$ 10,247,584.39 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 ,Washington,this day of , 2023. Nevertheless,the conditions of the above obligation are such that: WHEREAS, under and pursuant to action of the City of Yakima,on ,2023,the City Manager of said City of Yakima, has let or is about to let to the said , the above bounden Principal, a certain Contract,the said Contract being numbered HLA Project No.21061,and providing for the construction of NORTH 1ST STREET REVITALIZATION PHASE 3 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 Apollo, Inc. 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 princi- pal 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,then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. G:\PROJECTS\2021\21061E\Spec\21061\21061 Spec.docx 4-5 7 CITY OF YAKIMA NORTH 1ST STREET REVITALIZATION PHASE 3 FED AID NO. NHFP-4579(013) TIB PROJECT NO. 8-4-180(025)-1 CITY OF YAKIMA PROJECT NO. 2580 HLA PROJECT NO. 21061 SURETY: CONTRACTOR: Apollo, Inc. By: (Attorney-in-fact) CONTRACTOR NAME Name: By: (Please Print or Type) AUTHORIZED OFFICIAL'S SIGNATURE Agent: Name: (Please Print or Type) Address: Surety Representative Name: Surety Representative Phone: Surety Representative Email: Approved as to Form: City Attorney G:\PROJECTS\2021\21061E\Spec\21061\21061 Spec.docx 4-6