HomeMy WebLinkAbout05/21/2024 07.K. Resolution authorizing an agreement with Tri-Valley Construction, Inc. for the South 2nd Avenue Water Main Project 2792 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.K.
For Meeting of: May 21, 2024
ITEM TITLE: Resolution authorizing an agreement with Tri-Valley Construction,
Inc. for the South 2nd Avenue Water Main Project 2792
SUBMITTED BY: Scott Schafer, Director of Public Works
* Mike Shane, Water/Irrigation Manager
SUMMARY EXPLANATION:
Project 2792 replaces an aging and failing 12-inch cast iron waterline within South 2nd Avenue
between Division Street and West Pine Avenue. This waterline has been problematic with several
breaks in recent years. The project entails replacement of the waterline with a 12-inch ductile iron
waterline and appurtenances, including all new water service lines to the meter and fire hydrants.
City staff used the State bidding process to advertise for competitive bids; selecting Tri-Valley
Construction, Inc. as the low bidder with a bid of$499,880.67. The Agreement has been
attached for City Council review in an amount not to exceed $499,880.67. The project is funded
by Fund 477 Water Capital.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
Description Upload Date Type
❑ 5/14/2024 Resolution
5/1/2024 Contract
4/30/2024 Backup Material
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RESOLUTION NO. R-2024-
A RESOLUTION authorizing an agreement with Tri-Valley Construction, Inc. for the South
2nd Avenue Water Main Replacement Project AC2792.
WHEREAS, the City of Yakima (City) owns, operates and maintains the domestic water
supply and storage systems in accordance with applicable Federal, State and Local regulations; and
WHEREAS, the City's Water/Irrigation Division has experienced a number of breaks along
a portion of 100-year old water main on South 2nd Avenue between Division Avenue and East
Pine Street, causing damage to both public and private infrastructure; and
WHEREAS, the City's Water/Irrigation Division determined that this portion of water main
on South 2nd Avenue between Division Avenue and East Pine Street requires replacement; and
WHEREAS, on January 4, 2024, the City entered into a Professional Services Agreement
with HLA Engineering and Land Surveying, Inc. to prepare the plans and specifications for the
South 2nd Avenue Water Main Replacement Project AC2792 (Contract 2024-012); and
WHEREAS, the City requires construction services for the installation of the improvements
associated with the South 2nd Avenue Water Main Replacement Project AC2792; and
WHEREAS, the City used the procedure established by the State of Washington for
competitively bidding projects; and
WHEREAS, Tri-Valley Construction, Inc. submitted the lowest responsible bid and has the
ability to perform the work as designed and specified; and
WHEREAS, the project is funded by the 477 Water Improvement Fund; and
WHEREAS, the City Council has determined that it is in the best interest of the City of
Yakima to enter into a contract agreement with Tri-Valley Construction, Inc. to perform the work
detailed in the plans and specifications for the South 2nd Avenue Water Main Replacement
Project AC2792; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Interim City Manager is hereby authorized to execute the contract agreement with Tri-
Valley Construction, Inc. in the amount of Four Hundred Ninety-Nine Thousand Eight Hundred
Eighty Dollars and Sixty-Seven Cents ($499,880.67) for the South 2nd Avenue Water Main
Replacement Project AC2792, which is attached hereto and by this reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this 21st day of May, 2024.
ATTEST: Patricia Byers, Mayor
Rosalinda Ibarra, City Clerk
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SECTION 4 - CONTRACT AND RELATED MATERIALS
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CONTRACT
THIS AGREEMENT, made and entered into in triplicate, this day of , 2024, by and
between the City of Yakima, hereinafter called the Owner,
and Tri-Valley Construction, Inc. a Washington Corporation, hereinafter called the
Contractor.
WITNESSETH:
That in consideration of the terms and conditions contained herein and attached and made a part of this
agreement, the parties hereto covenant and agree as follows:
I. The Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID
AMOUNT OF:$ 499,880.67 for South 2nd Avenue Water Main Replacement, City of
Yakima Project No.AC-2792, all in accordance with, and as described in the attached specifications and
the 2024 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 thirty (30) 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 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.
a. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor
waives any immunity that may be granted to it under the Washington State industrial insurance act,
Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be
limited in any way by any limitation on the amount of damages, compensation or benefits payable to or
by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or
programs. Contractor shall require that its subcontractors, and anyone directly or indirectly employed or
hired by Contractor, and anyone for whose acts Contractor may be liable in connection with its
performance of this Agreement, comply with the terms of this paragraph, waive any immunity granted
under Title 51 RCW, and assume all potential liability for actions brought by their respective employees.
The Parties acknowledge that they have mutually negotiated this waiver.
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b. Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Contractor and the City, the
Contractors liability, including the duty and cost to defend, shall be only to the extent of the Contractor's
negligence.
c. Nothing contained in this Section or this Contract shall be construed to create a liability or a right
of indemnification in any third party.
d. The terms of this Section shall survive any expiration or termination of this Contract.
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 2024.
Tri-Valley Construction, Inc. , a WA Corporation
Construction Company
By:
City Manager Signature Contractor Signature
(Printed Name) (Printed Name)
Attest:
Its:
City Clerk (President, Owner, etc.)
Address: 1008 N. 1st Street
Yakima, WA 98901
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CERTIFICATIONS
CITY OF YAKIMA
SOUTH 2ND AVENUE WATER MAIN REPLACEMENT
CITY OF YAKIMA PROJECT NO. AC-2792
HLA PROJECT NO. 24032
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:
Name of Certified Testing Laboratory for Material Testing
Phone:
Email:
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CONTRACT BOND
CITY OF YAKIMA
SOUTH 2ND AVENUE WATER MAIN REPLACEMENT
CITY OF YAKIMA PROJECT NO. AC-2792
HLA PROJECT NO. 24032
BOND TO CITY OF YAKIMA
KNOW ALL PERSONS BY THESE PRESENTS:
That we,the undersigned, Tri-Valley Construction, 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$ 499,880.67 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 , 2024.
Nevertheless,the conditions of the above obligation are such that:
WHEREAS, under and pursuant to action of the City of Yakima, on , 2024,the
City Manager of said City of Yakima, has let or is about to let to the said
Tri-Valley Construction, Inc. ,the above bounden Principal, a certain
Contract,the said Contract being numbered City of Yakima Project No.AC-2792, HLA Project No. 24032, and
providing for the construction of SOUTH 2ND AVENUE WATER MAIN REPLACEMENT 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 Tri-Valley Construction, 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
principal 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 or from defects appearing or developing in the material or workmanship provided or
performed under said Contract within a period of one year after its acceptance thereof by the City of Yakima,
then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect.
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CITY OF YAKIMA
SOUTH 2ND AVENUE WATER MAIN REPLACEMENT
CITY OF YAKIMA PROJECT NO. AC-2792
HLA PROJECT NO. 24032
SURETY: CONTRACTOR:
By: Tri-Valley Construction, Inc.
(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
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CITY OF YAKIMA SUBCONTRACTOR'S CERTIFICATION
Subcontractor's Certification is not required at the time of bid. This Certification must be completed by
each subcontractor prior to award of any subcontract:
certifies that:
(SUBCONTRACTOR)
1. It intends to use the following listed construction trades in the work under the subcontract:
and;
As to those trades for which it is required by these Bid Conditions to comply with these Bid
Conditions, it adopts the minimum minority and women workforce utilization goals and the
specific affirmative action steps for all construction work(both federal and non-federal) in the
Yakima, Washington area subject to these Bid Conditions, those trades being:
(Signature of Authorized Representative of Subcontractor)
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