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Home My WebLink AboutR-2021-096 Resolution authorizing a contract with Thayer Excavating LLC for Wetland Mitigation Area Construction Project 2549 as part of Phase 2 of the Spring Creek Road I mprovmentsA RESOLUTION RESOLUTION NO. R-2021-096 authorizing an Agreement with Thayer Excavating LLC to establish wetland mitigation site within the Wastewater Treatment Plant property for Project 2549 as part of Phase 2 of the Spring Creek Road Improvement Project. WHEREAS, the City of Yakima (City) is obligated to establish a wetland mitigation site adjacent to Billy's Pond within the Wastewater Treatment Plant Property as mitigation for the Spring Creek Road project 2428; and WHEREAS, the wetland mitigation will consist of excavation including hauling, crushing surface top course, topsoil type A and other work, all to be constructed in accordance with the plans and specification; and WHEREAS, the City used the procedure established by Washington State law for the bidding and awarding of public capital improvement projects; and WHEREAS, Thayer Excavating LLC submitted the low bid and has the ability to correctly construct and install the improvements at a cost of $496,597; and WHEREAS, the project is funded with Arterial Streets Capital funds and the contract will be null and void if bond and certificate and insurance is not received within specified timeframe; and WHEREAS, the City Council finds that it is in the best interests of the City of Yakima and its residents to enter into the contract to perform roadway widening and related construction, in the vicinity of the Yakima Sports Complex.; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute a Professional Services Agreement with Thayer Excavating LLC, attached hereto and incorporated herein by this reference, not to exceed Four Hundred and Ninety -Six Thousand Five Hundred and Ninety -Seven Dollars ($496,597) to provide the Professional Services as described in the Agreement. ADOPTED BY THE CITY COUNCIL this 20th day of July, 2021. ATTEST: ll Sonya Claar Tee, City Clerk f9 atricia Byers, a yor CONTRA/CT THIS AGREEMENT, made and entered into in triplicate, this `� / day of -4--2021, by and between the City of Yakima hereinafter called the Owner, and Thayer Excavating, LLC, a Washington Limited Liability Company 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: $496,596.79, for Spring Creek Road Improvement Project, Phase 3 - Wetland Mitigation Area Construction #2549, all in accordance with, and as described in the attached specifications and the 2021 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 thirty (30) working days. The first chargeable working day shall be the 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, attorneys 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 jt Attes ty Clerk CITY CONTRACT NOS RESOLUTION NO "r� GLat 2021. 2 -( CONTRACTOR W E-Auto..4 %� a � � Corporation Contractor CI ,By: loot at ►tip y�tr (President, Owner, etc.) Address: a-1 3 E-t(`wshw1 w,4- '1iz-G 1 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 6.F. For Meeting of: July 20, 2021 Resolution authorizing a contract with Thayer Excavating LLC for Wetland Mitigation Area Construction Project 2549 as part of Phase 2 of the Spring Creek Road I mprovments Scott Schafer, Director of Public Works Bill Preston, PE, City Engineer - (509) 575-6754 SUMMARY EXPLANATION: n April 2015, the Yakima City Council established that development of the Yakima Sports Complex was an economic development priority for the City of Yakima. The City of Yakima (City) entered into agreements with SOZO, a Washington non-profit corporation, for a public -private partnership to create multiple soccer fields, parking lots and related improvements. It was recognized that improvements to the existing public streets in the vicinity of the proposed Yakima Sports Complex would improve public safety, facilitate access to the development and improve the neighborhood. Construction of Phase 1 was completed in 2019 and Phase 2 is currently under construction. The City is obligated to establish a wetland mitigation site adjacent to Billy's Pond within the Wastewater Treatment Plant Property as mitigation for Phase 2 of the Spring Creek Road Improvements. This contract is for the dirt work associated with the wetland mitigation. The City of Yakima used the procedure established by Washington State law for the bidding and awarding of public capital improvement projects. Thayer Excavating LLC was the only contractor to submit a bid. Work includes excavation including hauling, crushing surface top course, topsoil type A and other work to prepare the area for future plantings. Attached for City Council review is the contract with Thayer Excavating LLC in an amount not to exceed $496,597. The project is to be funded out of Arterial Streets Capital Fund 142. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Partnership Development APPROVED FOR SUBMITTAL BY THE CITY MANAGER 2 RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type D reso 7/ 14/2021 Cotter Memo D Award Letter and Contract 7/7/2021 Contract