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06/15/2021 04D Resolution authorizing an agreement with Ken Leingang Excavating, Inc. for 41st Avenue Fire Flow Improvements and Waterline Replacement on S. 1st Street and Mead Avenue ti i..asxntntj kd d g$Ag aY ae.. x°'naa.x,,4n BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4.D. For Meeting of: June 15, 2021 ITEM TITLE: Resolution authorizing an agreement with Ken Leingang Excavating, Inc. for 41st Avenue Fire Flow Improvements and Waterline Replacement on S. 1st Street and Mead Avenue SUBMITTED BY: Scott Schafer, Director of Public Works David Brown,Assistant Director of Public Works Mike Shane, Water/Irrigation Engineer, 509-576-6480 SUMMARY EXPLANATION: This project replaces the undersized waterline near the S. 1st Street and Mead Ave. intersection with a new 12 inch ductile iron waterline and installs a new 12 inch water line on Avalanche to improve fire flow near 41st Avenue. The project will improve water quality and increases flow which improves delivery and enhances fire flow. City staff used the State bidding process to advertise for competitive bids; selecting Ken Leingang Excavating, Inc. as the low bidder with the bid of$815,764. The Agreement has been attached for City Council review in an amount not to exceed $814,764. The projects are funded by a low interest Public Works Trust Fund Loan. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type D esolution 0/3/ 0 1 des lotion retract 0/3/ 01 retract 2 RESOLUTION NO. R-2021- A RESOLUTION authorizing an agreement with Ken Leingang Excavating, Inc. for Project Nos. AC2504 and AC2537 41st Ave fire flow Improvements and waterline replacement on S. 1st St and Mead. WHEREAS,the City of Yakima owns, operates, and maintains the Domestic Water Supply and Distribution System in accordance with applicable Federal, State and Local regulations; and WHEREAS, fire flow should be improved in the 41st Ave, and Avalanche and undersized waterlines on S. 1st Street and Mead Avenue sometimes results in lower flow recommended; and WHEREAS, under City Contract No. 2018-048 and Task Order 2020-02 and 03, the City entered into an agreement with HLA Engineering and Land Surveying, Inc. to prepare the plans and contract documents for 41st Ave fire flow Improvements and waterline replacement on S. 1st St and Mead; and WHEREAS, the City of Yakima Water/Irrigation Division requires construction services for the waterline replacement; and WHEREAS, the City of Yakima used the procedure established by the State of Washington for competitively bidding projects; and WHEREAS, Ken Leingang Excavating, Inc. submitted the low bid and has the ability to perform the contract specified work; and WHEREAS, the project is funded by a low interest loan from Washington State Public Works Trust Fund; 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 Ken Leingang Excavating, Inc. to perform the work detailed in the contract documents for 41st Ave fire flow Improvements and waterline replacement on S. 1st St and Mead; 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 Ken Leingang Excavating, Inc., in the amount of Eight Hundred Fifteen Thousand Seven Hundred Sixty Four Dollars ($815,764) for 41st Ave fire flow Improvements and waterline replacement on S. 1st St and Mead. ADOPTED BY THE CITY COUNCIL this 15th day of June, 2021. ATTEST: Patricia Byers, Mayor Sonya Clear Tee, City Clerk 3 CONTRACT THIS AGREEMENT, made and entered in triplicate, this day of . 20 . Uy and between the City of Yakima , hereinafter called the ()viner. and Ken L8iOg@OgExcavating, Inc a Washington Corporation, hereinafter called the Contractor. VNTNESSETH: 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 aofollows: | TheContra(tor »ha| UoaUworkanUfurni»haUtoo|». noateria|n. |aboranUequipnoenthorTHE B0 AMOUNT OF: S 81 4 . for Avalanche Avenue and East Mead Avenue Waterline Improvements, CITY OFYAK|K8A WATER PROJECT NO. AC2504 & NO. AC3537. all inaccordance w|th. anda» UenoriUedintheattacheUp|ansandnpecifinationsandthe2O21GtandarUSpeoihcationoh>r 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 \o Proceed and shall bz completed in forty-five (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 (1 1th)working day after the date on which the City issues the Notice <nProceed. If said work is not completed within the time specified, the Contractor agrees to pay to the Owner the sum specified inthe Standard Specifications for each day said work remains uncompleted after expiration of the specified time, on liquidated damages. The Contractors shall provide and bear the expense of all equipmenL 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 o[Yakima || The City o[ Yakima hc/chy promises and agrees with the Contractor <nemploy, 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 fn/ in this contract. ||| 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. |V, 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, |tio further provided that no |iabil% shall attach to the City of Yakima by reason o[entering into this contract, except ao expressly provided herein. IN WITNESS. WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein above written. CounteroigneU� CITY CJFYAK|KUA CONTRACTOR this day of 20 .a Corporation ovotm*vr By: City Manager Attest (Print Name) _ City Clerk Its (President, Owner, etc.) Address vm000mvm��no�c:/000�oom^oaov�vnm^oovvv�vp «'z