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10/15/2019 06H Sewer and Stormwater Infrastructure Development; Contract with Ken Leingang Excavating, Inc. 't..an,gtntj ka d E$A aY BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.H. For Meeting of: October 15, 2019 ITEM TITLE: Resolution authorizing a contract with Ken Leingang Excavating, Inc. providing for sewer and stormwater infrastructure development on the Catalyss site SUBMITTED BY: David Brown,Acting Director of Public Works Mike Price, Wastewater/Stormwater Division Manager 249-6815 SUMMARY EXPLANATION: In July, 2019, the City of Yakima (City) entered into an agreement (R-2019-071 / City Contract No. 2019-119)with Catalyss, LLC. for Sewer and Infrastructure Development on property owned and under development by Catalyss. The agreement provided the City with an easement for placement of new gravity sewer and stormwater mains. The new gravity sewer main will allow the City to decommission the aging Carriage Hill Lift Station. The new storm water main will replace a poorly aligned existing main which will be abandoned. Catalyss fulfilled the terms of the agreement requiring them to prepare the plans and specifications for the construction of sewer and stormwater mains. Subsequently, the City has competitively bid the construction of the mains under City Projects Nos. SC2499 and SW2500. The City utilized the procedure established by the State of Washington for competitively bidding projects. Seven contractors submitted bids, with Leingang Excavating, Inc. submitting the lowest bid of$461,931. The attached resolution and contract provide the specific elements of the agreed upon utility installation. The projects are funded through Wastewater Capital Fund 476 and Stormwater Capital Fund 442. ITEM BUDGETED: Yes STRATEGIC PRIORITY: APPROVED FORP4) Interim CityManager SUBMITTAL: g 2 STAFF RECOMMENDATION: Adopt resolution BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type 6 reso 10,7/2019 Cotter Memo D Contract 2eirrgang Constr 101112019 Contract 3 RESOLUTION NO. R-2019- A RESOLUTION authorizing a contract with Ken Leingang Excavating, Inc. providing for sewer and stormwater infrastructure development on the Catalyss site. WHEREAS, in July 2019 the Yakima City Council passed Resolution No. R-2019-071 approving an Agreement for Sewer and Infrastructure Development and Easement with Catalyss, LLC; and WHEREAS, Catalyss, LLC. has provided the plans and contract documents for the construction of the improvements that include sewer main installation, stormwater main realignment and other related and required utility improvements; and WHEREAS, the City of Yakima used the procedures established by Washington State law for the bidding and awarding of public capital improvement projects during the selection of the contractor for this project; and WHEREAS, Ken Leingang Excavating, Inc. submitted the low bid and has the ability and expertise to correctly install the improvements at a cost of Four Hundred Sixty-One Thousand Nine Hundred Thirty-One Dollars ($461,931); and WHEREAS, the City's Chief Engineer has recommended awarding the contract to Ken Leingang Excavating, Inc. to accomplish the installation of the improvements; and WHEREAS, the City Council finds that it is in the best interests of the City of Yakima and its residents to provide the sewer and stormwater infrastructure improvements described in the contract attached hereto and incorporated herein by this reference; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated contract with Ken Leingang Excavating, Inc., in the amount of Four Hundred Sixty- One Thousand Nine Hundred Thirty-One Dollars ($461,931) for City Project Nos. SC2499 and SW2500, which include sewer main installation, stormwater main realignment and related utility improvements. ADOPTED BY THE CITY COUNCIL this 15th day of October, 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 KEN LEINGANG EXCAVATING, 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: $461,931.23 ,for Sewer Trunk Line&Storm Drain Relocation,City Project Nos.WW2499 and SW2500.,PLSA Project No.14057,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 45 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 defend,indemnify,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 Le CONTRACTOR this day of 20 Q rl r c's1 .+ rm ov,11�i�,a' S Corporation ntra a•• By: City Manager Attest: ,, r( fl I/1 (Prin me) City Clerk Its: .. �.,.. (President,Owner,etc Address: �''t 77+h AU? 610 3-3