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01/08/2019 06C Hathaway Street Water and Sewer Improvements Agreement with P.O.W. to\'4\lyy tbxk ik 1 PP1-:4P PPP g. A ittYlltYlt.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.C. For Meeting of: January 8, 2019 ITEM TITLE: Resolution authorizing a contract with P. O. W. Contracting for Water and Sewer Improvements along Hathaway Street SUBMITTED BY: Scott Schafer, Director of Public Works David Brown, Assistant Director of Public Works - Water/Irrigation Division Manager, 575-6204 SUMMARY EXPLANATION: The 2017 Water System Plan identified Hathaway Street Waterline Improvements — N. 6th Ave. to N. 16th Ave. (Project AC-2463) as a priority capital improvement for FY2018/19. During the project design process, the Wastewater Division identified improvements to the system (Project SC-2486)that were also necessary on Hathaway Street along the same limits. To reduce the impact to surrounding property owners and the general public, and to recognize a significant cost savings to the City's rate payers, the two projects were combined into one project. The water system improvements to be conducted by the Water Division will be to replace 3,200 linear feet of an 80 year-old 16-inch steel water main, which has deteriorated and requires frequent repairs due to leaks. The Project will also include replacement of all associated water services and fire hydrants. The Wastewater project adds approximately 2,080 linear feet of new sewer main along a portion of Hathaway Street. In addition, the project also replaces an existing deteriorated clay sewer main, moving it from inaccessible backyards to the public right-of-way along Hathaway Street utilizing 1,250 linear feet of 4-inch sewer pipe. The City utilized the State bidding process to advertise for bids, four contractors submitted bids, with P. O. W. Contracting submitting the lowest bid of$1 ,106,021 .39. See attached Contract. The project is funded by Water Capital Fund 477 and Wastewater Collections Capital Fund 476. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Neighborhood and Community Building 2 APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type D resolution 12,142018 Cover Memo D Corrtract 1Z7/2018 Contract 3 RESOLUTION NO. R-2019- A RESOLUTION authorizing a contract with P. O. W. Contracting for Water and Sewer Improvements along Hathaway Street. WHEREAS, the City of Yakima maintains the Domestic Water System and Wastewater Collections System in accordance with applicable Federal, State and Local regulations; and WHEREAS, the City of Yakima Water and Wastewater Divisions have identified pipeline segments that require rehabilitation or replacement, and WHEREAS, this and future projects will stabilize current conditions of the city's water and wastewater pipe systems and reduce leakage of domestic water, and infiltration of groundwater into the wastewater collections system, which will reduce repairs, treatment costs, improve reliability of both systems, and limit the need for upgrades to the Wastewater Treatment Plant, and WHEREAS, by resolution R-2018-066 and R-2018-018, the City entered into agreements with HLA Engineering and Surveying, Inc. (HLA) to prepare the plans and contract documents for the rehabilitation of City of Yakima water and sanitary sewer main lines in various locations in city, and WHEREAS,the City of Yakima Water/Irrigation Division and Wastewater Division requires construction services for the rehabilitation of the deficient system pipes and facilities; and WHEREAS, The City of Yakima used the procedure established by the State of Washington for competitively bidding projects, and WHEREAS, P. O. W. Contracting submitted the low bid and has the ability to perform the contact 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 P. O. W. Contracting to perform the work detailed in the contract documents for the installation of 3,200 LF 12-inch ductile iron water main, 2,080 LF 8- inch sewer main, 1,250 LF 4-inch sewer pipe, reconstruction of existing roadway and other related work; 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 P. O. W. Contracting, in the amount of$1,106,021.39, for installation of 3,200 LF 12-inch ductile iron water main, 2,080 LF 8-inch sewer main, 1,250 LF 4-inch sewer pipe, reconstruction of existing roadway and other related work on Hathaway Street between N. 6'h Ave. and N. 16'h Ave. ADOPTED BY THE CITY COUNCIL this 8th day of January, 2019. ATTEST: Kathy Coffey, Mayor Sonya Clear Tee, 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 P. O. W. Contracting 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: $ 1,106,021.39, for Hathaway Street Water and Sewer Improvements, City of Yakima Water Project No.AC-2463, City of Yakima Sewer Project No. SC-2486, 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 within ten (10) days after the Notice to Proceed and shall be completed in seventy(70) 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. The Contractor shall defend, indemnify, and hold harmless the City, its officers, elected officials, employees and agents from and against all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from The Contractor's performance or non-performance of the services, duties and obligations required of it under this Agreement. 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. 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 ,a Corporation Contractor By: City Manager Attest: (Print Name) City Clerk Its: (President, Owner, etc.) Address: 6 CERTIFICATIONS CITY OF YAKIMA HATHAWAY STREET WATER AND SEWER IMPROVEMENTS CITY OF YAKIMA WATER PROJECT NO. AC-2463 CITY OF YAKIMA SEWER PROJECT NO. SC-2486 HLA PROJECT NOS. 18041 AND 18091 Provide the following: Name of Traffic Control Manager (TCM) (Must be an employee of the Contractor) Name of Certified Traffic Control Supervisor (TCS) (Provide copy of certificate) Name of Mandatory Alternate Certified Traffic Control Supervisor (TCS) (Provide copy of certificate) Name of Certified Testing Laboratory for material testing 7 CONTRACT BOND CITY OF YAKIMA HATHAWAY STREET WATER AND SEWER IMPROVEMENTS CITY OF YAKIMA WATER PROJECT NO. AC-2463 CITY OF YAKIMA SEWER PROJECT NO. SC-2486 HLA PROJECT NOS. 18041 AND 18091 BOND TO CITY OF YAKIMA KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as principal, and a corporation organized and existing under the laws of the State of , as a Surety corporation, and qualified underthe 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$ for the payment of which sum on demand 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 , 2018. Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to action of the City of Yakima, on , 2018,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 Nos. 18041 and 18091, and providing for the construction of HATHAWAY STREET WATER AND SEWER IMPROVEMENTS 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 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 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. 8 CITY OF YAKIMA HATHAWAY STREET WATER AND SEWER IMPROVEMENTS CITY OF YAKIMA WATER PROJECT NO. AC-2463 CITY OF YAKIMA SEWER PROJECT NO. SC-2486 HLA PROJECT NOS. 18041 AND 18091 SURETY: (SEAL) ATTEST: By: Name: (Please Print or Type) Agent: Address: Name: (Please Print or Type) CONTRACTOR: By: Name: (Please Print or Type) Approved as to Form: City Attorney 9 SCHEDULE OF WORKING HOURS CITY OF YAKIMA HATHAWAY STREET WATER AND SEWER IMPROVEMENTS CITY OF YAKIMA WATER PROJECT NO. AC-2463 CITY OF YAKIMA SEWER PROJECT NO. SC-2486 HLA PROJECT NOS. 18041 AND 18091 In accordance with Section 1-08.0(2) Hours of Work, the normal straight time working hours for this project will be from a.m. to p.m., days per week. It is understood that normal straight time working hours shall not exceed 40 hours per week, regardless of the number of days worked per week. All hours worked in excess of 40 hours per week shall be considered as overtime hours subject to the reimbursement provisions of Section 1-08.0(2) Hours of Work. Overtime hours are defined as any hours in excess of or outside of the above normal straight time working hours when the Contractor and/or his subcontractors are on the project site performing work. I hereby certify that my subcontractors have been notified of the normal straight time working hours provisions of this project and understand that Engineer/Contracting Agency costs for overtime hours will be deducted from amounts due to me for work performed on the project. Contractor Signature Date 10 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)