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04/02/2019 06D 2019 Storwater Drainage Improvements Construction Contract with Wheeler Excavation, LLCITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT 1 Item No. 6.D. For Meeting of: April 2, 2019 Resolution authorizing a contract with Wheeler Excavation, LLC. for the construction of the 2019 Stormwater Drainage Improvements Scott Schafer, Director of Public Works Mike Price, Wastewater/Stormwater Division Manager, 249-6815 SUMMARY EXPLANATION: The Stormwater Division established City Project No. 2469 for the construction of stormwater infiltration facilities to improve stormwater drainage and mitigate localized flooding in the following areas: • 65th Avenue/Englewood Avenue • 59th Avenue/Englewood Avenue • 48th Avenue/Viewland Drive • 48th Avenue/Madera Way • 48th Avenue/Modesto Way • 15th Avenue/Mead Avenue • 7th Avenue/SummitviewAvenue The project requires a contractor to install underground infiltration systems that improve surface drainage. The City utilized the procedure established by the State of Washington for competitively bidding projects. Six contractors submitted bids, with Wheeler Excavation, LLC. submitting the lowest bid of $964,102. See attached contract. The project is funded by Stormwater Capital Fund 442. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: Yes Public Safety City Manager STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date D R-sdi.ihon Wheeler 2019 SW ngath; Itnpro‘crhonts 35/2019 D Contract Wheeler 2019 Stennwalcr Improvements 3'5/2019 Type Rd:solution Contract 2 3 RESOLUTION NO. R -2019- A RESOLUTION authorizing a contract with Wheeler Excavation, LLC. for City Project No. 2469 which provides for 2019 Stormwater Drainage Improvements WHEREAS, the City of Yakima operates and maintains the Stormwater Collections System in accordance with applicable Federal, State and Local regulations; and WHEREAS, the City of Yakima Stormwater Division has identified stormwater collection system improvements required to mitigate localized flooding; and WHEREAS, this project will install underground infiltration structures to improve stormwater drainage from surface streets and mitigate localized flooding; and WHEREAS, by resolution R-2018-075, the City entered into an agreement with Perteet, Inc. to prepare the plans and contract documents for 2019 Stormwater Drainage Improvements; and WHEREAS, the City of Yakima Wastewater Division requires construction services for the stormwater drainage improvements; and WHEREAS, The City of Yakima used the procedure established by the State of Washington for competitively bidding projects; and WHEREAS, Wheeler Excavation, 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 Wheeler Excavation, LLC. to perform the work detailed in the contract documents for the construction of the stormwater drainage improvements; 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 Wheeler Excavation, LLC., in the amount of nine hundred sixty-four thousand, one hundred and two dollars ($964,102.) for the for the construction of the stormwater drainage improvements. ADOPTED BY THE CITY COUNCIL this 2nd day of April, 2019. ATTEST: Kathy Coffey, Mayor Sonya Clear Tee, City Clerk 4 CONTRACT THIS AGREEMENT, made and entered into in triplicate, this day of 2019, by and between the City of Yakima, hereinafter called the Owner, and Wheeler Excavation 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: $964,102.00 for 2019 Stormwater Projects, Project No. 2469, 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 Ninety (90) 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 11th 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 defend, indemnity, and hold harmless the City, its officers, elected officials, 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 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. 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 2019. a Corporation Contractor City Manager Attest: City Clerk By: (Print Name) Its (President, Owner, etc.) Address: