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07/17/2018 06M Sludge Clarifier Drives Agreement with Ovivo USA, LLCITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1 Item No. 6.M. For Meeting of: July 17, 2018 Resolution authorizing a contract with Ovivo USA, LLC., in the amount of $185,782.65 for City Project No. 2471, which provides for the replacement of two activated sludge clarifier drives at the Yakima Wastewater Treatment Plant Scott Schafer, Director of Public Works Mike Price, Wastewater Division Manager 249-6815 SUMMARY EXPLANATION: The City of Yakima (City) owns and operates two activated sludge clarifiers to meet regulatory permit requirements for effluent quality at the Wastewater Treatment Facility. The proper function of the clarifiers depends on reliable clarifier drives. Both of the clarifier drives were originally installed in 1983. Inspection in 2017 showed significant wear to the major mechanical components in both of the clarifier drives. City Wastewater staff consulted with industry experts to explore options, timelines, and expenses for clarifier drive repair and concluded that complete replacement of the drives was the most efficient solution based upon expense and continuity of effective wastewater treatment. Funds were allocated in the 2018 Budget to replace the clarifier drives. City staff used the Municipal Research and Service Center Professional Services Roster process to select the lowest bidder. Ovivo USA, LLC. submitted the lowest bid and has the expertise to provide the required services necessary to replace the clarifier drives. The terms of the contract would be in an amount not to exceed $185,782.65 to perform the work as shown in the attached bid summary and contract and would come from fund 478. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Adopt resolution BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description • Resdution - ar aiw Replace • tract Oho Oar Dive Replace Upload Date 7/5/2018 75;2018 Type Res ol ution tract 2 A RESOLUTION 3 RESOLUTION NO. R -2018 - authorizing the City Manager to execute a contract with Ovivo USA, LLC., in the amount of $185,782.65 for City Project No. 2471, which provides for the replacement of two activated sludge clarifier drives at the Yakima Wastewater Treatment Plant WHEREAS, the City of Yakima owns and operates wastewater collection and treatment facilities in accordance with applicable Federal, State and Local regulations; and WHEREAS, the proper operation of activated sludge clarifiers is essential in meeting Federal, State, and Local regulations; and WHEREAS, the Wastewater Division has determined the need to replace the activated sludge clarifier drives to ensure proper operation of the clarifiers; and WHEREAS, the City has prepared the contract documents for the replacement of the clarifier drives; and WHEREAS, the City of Yakima used the procedure established by the State of Washington and used the Municipal Research and Service Center Professional Services Roster process to select a contractor to perform the work; and WHEREAS, the City's Chief Engineer has recommended awarding the contract to Ovivo USA, LLC. for replacing two activated sludge clarifier drives at the Yakima Wastewater Treatment Plant; and WHEREAS, Ovivo USA, LLC., submitted the low bid and has the expertise to provide the services necessary to replace the clarifier drives; and WHEREAS, the City Council finds that it is in the best interests of the City of Yakima and its residents to enter into the contract to replace two activated sludge clarifier drives at the Yakima 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 Ovivo USA, LLC., in the amount of $185,782.65 for City Project No. 2471, which provides for the replacement of two activated sludge clarifier drives at the Yakima Wastewater Treatment Plant ADOPTED BY THE CITY COUNCIL this 17th day of July, 2018. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk 4 CONTRACT THIS AGREEMENT, made and entered into ithe City of Yakima, hereinafter called the Owner and OVIVO USA, LLC .uLimited Liabllity 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: $185,782.65, for Yakima Regional Wastewater Treatment Plant Clarifier Drive Replacements, City Project No. 2471, all in accordance with, and as described in the attached plans and specifications and the 2018 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 witin ten (10) daypleted in Ten ( has not commenced within the ten (10) days afterthe Notice to Proceed, the first chargeable working day shall be the 11 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. U. 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 ottauhed, at the time and in the manner and upon the conditions provided for in this contract. III. INDEMNIFICATION. The Contractor shall defend, indomnny, and hold harmless the City, its officers, elected offida|a, employees and agents from and against any and all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not Iimited to, attorney's fees and court costs, arising out of, relating to, or resulting from the Contractor's performance or non-performance of the aomiceu, duties and obligations required of it under this Agreement. IV. The Contractor for himself, and for his heirs, executors, adminintratoro, aucoeunnm, and aoaigna, 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 executethe day and year first herein above written. Countersigned: CITY OF YAKIMA CONTRACTOR this day of 2018. City Manager Attest: a Corporation Contractor By; (Print Name) City Clerk Its_____���~________