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Home My WebLink About09/19/2023 06.F. Resolution authorizing an agreement with Industrial Construction of Washington, LLC. for Project SW2661 DID #29 StormwaterImprovements and Spot Repairs 1 .. ! a, BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.F. For Meeting of: September 19, 2023 ITEM TITLE: Resolution authorizing an agreement with Industrial Construction of Washington, LLC. for Project SW2661 DID #29 Stormwater Improvements and Spot Repairs SUBMITTED BY: Scott Schafer, Director of Public Works * Mike Price, Wastewater/Stormwater Manager(509)249-6815 SUMMARY EXPLANATION: City of Yakima (City) Project SW2661 replaces and realigns a segment of deteriorated stormwater drainage pipe in the vicinity of West Lincoln and North 35 Avenues as shown on the attached Project Location Map. The pipe segment is a section of former Drainage Improvement District#29 that is failing to provide adequate stormwater conveyance . The replacement pipe will increase conveyance capacity and will follow an alignment that provides access for routine maintenance and cleaning. The Project also includes the installation of 6 stormwater catch basins, 345 feet of curb and gutter, and surface restoration including paving. The City previously entered into an Agreement with HLA Engineering and Land Surveying, Inc. under City Contract No. 2020-124 to provide engineering design, bidding, and construction services for the DID #29 Improvements. The City utilized the procedure established by the State of Washington for competitively bidding projects. Five contractors submitted bids, with Industrial Construction of Washington, LLC. submitting the lowest bid. The contract is for an amount not to exceed $243,955.22 and is attached for City Council review. The project is funded by Stormwater Capital Fund 442. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. 2 ATTACHMENTS: Description Upload Date Type D Resolution 9/6/2023 Resolution ❑ Contract 2661 9/15/2023 Corer Memo D Project Location Map 8/30/2023 Backup Material 3 RESOLUTION NO. R-2023- A RESOLUTION authorizing an agreement with Industrial Construction of Washington, LLC. for Project SW2661 DID #29 Improvements and Spot Repairs WHEREAS, the City of Yakima owns, operates, and maintains the Stormwater Collection System in accordance with applicable Federal, State and Local regulations; and WHEREAS, a portion of the stormwater conveyance infrastructure comprising a section of DID #29 pipe in the vicinity of West Lincoln and North 35th Avenues needs improvements; and WHEREAS, under City Contract No. 2020-124, the City entered into an agreement with HLA Engineering and Land Surveying, Inc. to prepare the plans and contract documents for the realignment of DID #29 stormwater pipe and the installation of storm drain collection and conveyance infrastructure to construct a more effective method of stormwater capture and conveyance; and WHEREAS, the City of Yakima Stormwater Division requires construction services for the stormwater system improvements; and WHEREAS, the City of Yakima used the procedure established by the State of Washington for competitively bidding projects; and WHEREAS, Industrial Construction of Washington, LLC. submitted the low bid and has the ability to perform the contract 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 Industrial Construction of Washington, LLC. to provide construction services outlined in the contract.; 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 Industrial Construction of Washington, LLC., in the amount of Two Hundred Forty-Three Thousand Nine Hundred and Fifty-Five Dollars and Twenty-Two Cents ($243,955.22) to provide the construction services outlined in the contract. ADOPTED BY THE CITY COUNCIL this 19th day of September, 2023. ATTEST: Janice Deccio, Mayor Rosalinda Ibarra, City Clerk 4 CONTRACT THIS AGREEMENT, made and entered in triplicate, this day of , 20_, by and between the City of Yakima , hereinafter called the Owner, and Industrial Construction of Washington, LLC 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: $ 243,955.22 , for DID #29 Stormwater Improvements and Spot Repairs, CITY OF YAKIMA PROJECT NO. SW2661, 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 Twenty (20) 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\2022\22175E\Spec\22175 Spec.docx 5 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 Industrial Construction of Washington, LLC ,a Corporation Contractor By: City Manager Attest: (Print Name) City Clerk Its: (President, Owner,etc.) Address: G:\PROJECTS\2022\22175E\Spec\22175 Spec.docx 4-2 6 Project Location Map SW2661 DID #29 Improvements and Spot Repairs ___(7' , ' -----: . •- 1,-4-,i gt ♦s r9n'�m�fi cn ern, . \ --1--I.°I--I--� t 1 L 1,1 _�„ � HI_ H k -ls CM 1 i I n _ "t 4,t 41' iiiiP144ii it - - - IIIi Irk jiPoT REPAIR;' - -I LOCATION A ' - 1 nIim/ no 1 . ' mob_1 l r m-�-= __.7 , _• _______ E., 1 Tr ' , _ I J..1 Lim . ..N.ii PROJECT111101!'`I 'MI 1 7'\`LOCATION N7 'll I 14 I Err gm 1 I _ SAinwirepo -1-T -r. - SPOT REPAIR ■ ri . �L. Z �� ill - SEE SHEET -'T' : �'� 1111