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03/02/2021 04E North 1st St. Revitalization Phase 2 Agreement with Total Site Services, LLCB US INE S S O F T HE C I T Y C O UNC IL YAK I M A, WAS HI NG T O N AG E ND A S TAT E M E NT I tem No. 4.E . F or Meeting of : March 2, 2021 I T E M T IT L E :Resolution authorizing a contract with Total Site S ervices, L L C f or the N. 1st S t. R evitalization Phase 2 P roject S UB M IT T E D B Y:S cott S chafer, D irector, P ublic Works B ill Preston, P E, C ity Engineer - (509) 576-6754 S UM M ARY E X P L ANAT IO N: City P roject No. 2390 was established f or the N. 1st S t. R evitalization P hase 2 P roject. Bids were opened on F ebruary 10th; the low bidder of three competitive bids was Total S ite Services, L L C of Richland, WA , with the low bid of $2,585,734.08. Their bid was $661,208.13 under the engineer’s estimate. T he project will reconstruct N. 1st Street between "J" Street and "N" Street including a complete rebuild of the roadway (replacing the old concrete highway through town), 2,400 S Y sidewalk, 3,500 LF curb and gutter, storm drainage improvements, improved street lighting, addition of pedestrian lighting, landscaping, irrigation, and related improvements, tying to the end of the Phase 1 project which was completed in 2019. Funding sources include Stormwater Capital, budgeted for $354,166 and Water Capital, for the replacement of two water mains with one upsized watermain, budgeted for $347,500. T he remaining $1.884M will be funded with Transportation Benefit District (T BD) funds. T he project will begin in late March and will be completed in October 2021. I T E M B UD G E T E D:Yes S T RAT E G I C P RIO RIT Y:Neighborhood and Community B uilding AP P RO V E D F O R S UB M I T TAL B Y T HE C IT Y M ANAG E R RE C O M M E ND AT IO N: A dopt Resolution AT TAC HM E NT S: D escr iption Upload D ate Type 1 Resolution - Total Sites Services N. 1st St. Phase 2 2/23/2021 Resolution Contract 2/16/2021 Contract 2 RESOLUTION NO. R-2021-_________ A RESOLUTION authorizing a contract with Total Site Services, LLC for the N. 1st St. Revitalization Phase 2 Project. WHEREAS, in 2019, the City of Yakima received federal and state funding to reconstruct North 1st Street from SR12 to 200 feet south of "N" Street; and WHEREAS, the City is resuming its efforts to continue the reconstruction and improvements of North 1st Street from “N” Street to “J” Street, and WHEREAS, the City has budgeted local Transportation Benefit District Funds (TBD) to improve the streets, along with budgeted utility funds to replace, repair and improve aging public utilities in the project vicinity, and WHEREAS, the City has prepared the plans and contract documents for the construction of the improvements, which include curb, gutter and sidewalk, roadway replacement, ADA compliant curb ramps, stormwater, water, sewer improvements, street lighting, pedestrian lighting and other related amenities, and WHEREAS, the City of Yakima used the procedure established by Washington State law for the bidding and awarding of public capital improvement projects, and WHEREAS, Total Site Services, LLC submitted the lowest responsive bid and has the ability to correctly install the improvements at a cost of $2,585,734; and WHEREAS, the City Engineer has recommended awarding the contract to Total Site Services, LLC for installing the improvements, and WHEREAS, the City Council finds that it is in the best interests of the City of Yakima and its residents to improve the roadway and all related improvements on North 1st Street from "N" Street to “J” Street and award the construction contract; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute a contract between the City of Yakima and Total Site Services, LLC., attached hereto and incorporated herein by this reference not to exceed Two Million Five Hundred Eighty-Five Thousand Seven Hundred Thirty-Four Dollars ($2,585,734) for City Project No 2390 to improve the roadway and relative roadway improvements on North 1st Street from “N” Street to “J” Street. ADOPTED BY THE CITY COUNCIL this 2nd day of March 2021 _____________________________ Patricia Byers, Mayor ATTEST: ___________________________ Sonya Claar Tee, City Clerk 3 CONTRACT THIS AGREEMENT, made and entered into in triplicate, this _____ day of ____________, 2021, by and between the City of Yakima, hereinafter called the Owner, and Total Site Services, a Washington Limited Liability 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 partie s 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: $2,585,734.08, for North 1st Street Revitalization – Phase 2, ‘J’ Street to ‘N’ Street, City Project No. 2390, 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 One Hundred Forty (140) working days. If work has not commenced within the ten (10) days after the Notice to Proceed, the first chargeable working day shall be th e 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 S tandard 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 requir ed 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 emplo y, 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 attach ed plans and specifications and the terms and conditions herein contained and here by 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 t he 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 whatsoe ver, 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 ___________ 2021. ___________________________,a _________________Corporation Contractor _______________________________ By: ________________________________________ City Manager Attest: ___________________________________________ (Print Name) _______________________________________ City Clerk Its_________________________________________ (President, Owner, etc.) Address: ___________________________________ ___________________________________ 4