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Home My WebLink AboutR-2022-059 Resolution authorizing an agreement with Active Construction, Inc. for the Naches River Water Intake ProjectRESOLUTION NO. R-2022-059 A RESOLUTION authorizing an agreement with Active Construction, Inc. for Project No. AC2335 Naches River Water Intake Project. WHEREAS, the City of Yakima owns, operates, and maintains the Domestic Water Supply and Storage System in accordance with applicable Federal, State and Local regulations; and WHEREAS, recent flood and high-water events has moved the main flow of the Naches River away from the Water Treatment Plant water intake; and WHEREAS, redirection of the river is necessary; and WHEREAS, under resolutions R2011-154 and R2019-008, the City entered into an agreement with Golder Associates, Inc. to prepare the plans and contract documents for Naches River Water Intake Project; and WHEREAS, the City of Yakima Water/Irrigation Division requires construction services for the river intake improvements; and WHEREAS, the City of Yakima used the procedure established by the State of Washington for competitively bidding projects; and WHEREAS, Active Construction, Inc. submitted the low bid and has the ability to perform the contract specified work; and WHEREAS, the project is funded by the 477 Water Improvement 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 Active Construction, Inc. to perform the work detailed in the contract documents for the Naches River Water Intake Project; 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 Active Construction, Inc., in the amount of Two Million Six Hundred and Forty -Five Thousand Six Hundred Forty -Five Dollars ($2,645,645) for The Naches River Water Intake Project. ADOPTED BY THE CITY COUNCIL this 7th day, of June, 2022. Janice Deccio, Mayor ATTEST: (*.e Sonya Claar Tee, City Clerk CONTRACT � Sk, THIS AGREEMENT, made and entered into in triplicate, this day . 2022. by and between the City of Yakima, hereinafter called the Owner, and Active Construction, Inc., a Washington Corponation, hereinafter called the VVITNESSETH: 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 aafollows: | The Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID AMOUNT OF: * 2.645.645.00 . for Naohea River Water Intake Project - City Project No. AC2335, all in accordance with, and as described in the attached plans and specifications and the 2022 Standard Specifications for Road, Bridge. and Municipal Construction which one by this reference incorporated heroin 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 (110) days after the Notice to Proceed and shall be completed in one -hundred and sixteen (1116) working days Work nnprfrom Spring Ranch ehm8 be completed inon-hundred and twenty (120)consecutive days, If work has not commenced within the ten (10) days after the Notice to Proceed, the first chargeable working day shall be the 11 1h day after the date onwhich the City issues the Notice toProceed 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 wmdh remains uncompleted after expiration of the specified time, as liquidated damages, The Contractors shall provide and bear the expense of all equipmem, work and labor of any sort whatsoever that maybe 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 inthe specifications mbefurnished bythe City o[Yakima, U. 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 tnthe attached plans and specifications and the 0anno and conditions herein contained and hereby contracts to pay for the name according to the attached specifications and the schedule of unit or itemized prices hereto anacheU, at the time and in the manner and upon the conditions provided for inthis contract UL INDEMNIFICATION- The Contractor shall dofend, indemndy, and hold harmless the City, its officers, elected offioia|s, employees and agents from and against any and a|| daimn, causes of action, damages, |ossms, and o«penaoe of any kind o, nature whatsoever, including but not limited to, aMnme/nfe*a and court costs, arising out of, relating to, nrresulting 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, exeoutors, adminionators, surcensoro, and onaignn, 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 cauoed this agreement to be executed the day and year first herein above written- Countersigned CITY OF YAKIMA ° this '�'dayoik3kqk2022 (it III) /erk CONTRACTOR 'Active Construction, Inc. » wacm*River Water Intake Project 'City Project No. AC233s 64 David Ceccanti President _ (Print Name) (President, Owner, etc.) �Corporation Iess: . Tacoma, VVA30448 Mailing Address: PO Box43O. Puyallup, vVA88571 1 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 6.G. For Meeting of: June 7, 2022 Resolution authorizing an agreement with Active Construction, Inc. for the Naches River Water Intake Project Scott Schafer, Director of Public Works David Brown, Assistant Director of Public Works Mike Shane, Water/I rrigation Engineer, 509-576-6480 SUMMARY EXPLANATION: Recent flood and high-water events has moved the main flow of the Naches River away from the Water Treatment Plant water intake. This project installs engineered log jams and rock groins to redirect the Naches river back to the water treatment plant water intake structure. City staff used the State bidding process to advertise for competitive bids; selecting Active Construction, Inc. as the low bidder with the bid of $2,645,645. The Agreement is attached for City Council review in an amount not to exceed $2,645,645. The project is funded by the 477 Water Improvement Fund. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description 0 Resolution 0 Naches Intake Agreement - ActiNie Construction Upload Date 5/9/2022 5/20/2022 Type Resolution Contract CHANGE ORDER CONTRACTOR: Active Construction Inc. 5110 River Rd E Tacoma, WA 98443 PROJECT: Naches River Water Intake Project Date: Federal Aid: State Contract: Contract: Project: Change Order: 09/28/22 AC2335 01 Review Documentation _NRA 7 Resident Engr, NRA j City Review 2 Finance (>10%) RECAPITULATION OR! PREVIOUS ADDITIONLS: PREVIOUS DEDUCTIONS: PREVIOUS TOTAL: THIS CHANGE (ADD.): (DED.): ADJUSTED TOTAL: $ 2, 4 , 156,600.00 2,489,045.00 Sections 1-04.4 and 1-04.5 of the 2022 Standard Specifications shall govern the issuance of this Change Order. The work of this contract is herein modified to include the change detailed below. Additional quantities for existing and new items shall constitute the complete and final settlement for all costs of labor, material, equipment, overhead, profit, permit fees, damages (whether direct or indirect), and all other claims by the contractor as a result of this change. The time for completion is not changed by this Change Order; 0 working days are hereby added to the contract. Your proposal and this acceptance shalt constitute and become part of the contract, sUblect to ell conditions contained therein, asniodifted by this Change Order, Recommending lettoproval by 9/28/22 pt by: Construction Inc. 5 ,/Zg.• :4e, -rs p Ape by: Robert Harrison, City Manager t5ata Mike Shane, ater/Irrigation Date City of Yakima CITY CONTRACT NO; Engineer, City of Yakima RESOLUTION NO: Date Michael Niehl, P.E., WSP Construction Manager Date Acknowledged by: N/A Surety A am PPmved Mke Shane 10/6/22 1 Reason for Change: This change order provides a final response to RFI #7 regarding planting of non -irrigated plants in December due to availability. WSDOT SS-02.3(8) requires non -irrigated plans to be installed between October 1 and November 15. Due to plant avallability the city shall remove the following bid items from the contract; Item # Item Description F'loodplain Plantings Quantity 5500 Bark or Woodchip Mulch! 500 Units EA SY SY 2 Unit Price 20.00 $ $ 35.00 35.00 Sales Tax (8, 050 $ Total Deduction. $ Bid Amount 110, 000.00 17, 500.00 17,500.00 11, 600.00 156,600.00 Change Order - Minor Change Contract Number AC2335 Contract Title Naches River Water Intake Project Federal Aid Numbers Change Order Number MC-02 Change Description Export of excess "log bits" Date December 13, 2022 Public Works Manager Mike Shane, Water/Irrigation Engineer Phone Prime Contractor Active Construction Inc. Phone Brief Description of Problem/Reason for Entitlement: During installation of the ELJ's, several logs were required to be cut to finished length. The excess "log bits" were exported from site over the span of two days from 10/13/2022 to 10/14/2022. This work was tracked as force account. Grand Total (see below for breakdown): $5,801.17 Justification of Cost: Agreed to track in accordance with Standard Specification 1-09.6, Force Account. All work, materials and measurements to be in accordance with the provisions of the Contract for the type of construction involved unless stated otherwise in this document. WSP Construction Manager's Signature — Michael Niehl: Active Construction Inc. Signature or Method of Concurrence: Yakima City Manager — Robert Harrison Signature for Execution: Date Date 12/20/22 CITY CONTRACT NO: Data »C.,, i RESOLUTION NO' R- a'L''2-GStj Calculated By Nicholas Arnold Date 12/13/2022 Checked By Date Inspector's Signature Date Work Started 10/13/2022 Work Completed 10/14/2022 Item No Item Date Unit Qty RAM/Q P L Post Ckd Est No 2 Minor Change 02 12/13/2022 EST 1 N/A 4 Distribution: Copy with Attachments - Project Engineer Copy without Attachments - Prime Contractor Original without Attachments - Office Form A — Revised 09/2009 AC I A.C.I. PROJECT ACTIVE CONSTRUCTION INC. AC2335- Naches River Water Intake PRICING FA SHEET NO: BID ITEM # / FIELD DIRECTIVE A C.I. PHASE CODE 22-016 DATE WORK PERFORMED 10/13/2022-10/14/2022 DESCRIPTION OF WORK During installation of the ELJ's, several of the logs were required to be cut to finish length ACI was directed to haul all excess timber from the site LABOR CLASS / RATES NAME I UNION / GROUP CLASSIFICATION 1 HOURS ( @ l RATE f TOTAL EQUIPMENT DESCRIPTION 1 RATES EQUIP. NO. I EQUIPMENT DESCRIPTION ! HOURS / DAYS 1 @ [ RATE j TOTAL MATERIAL COSTS METHOD OF DELIVERY I DESCRIPTION I QTY 1 UNI 1 @ f RATE I TOTAL SERVICE COSTS DESCRIPTION l QTY IUNITI @ 1 RATE I TOTAL SUBCONTRACTOR COSTS DESCRIPTION QTY UNIT @ RATE TOTAL Thayer Excavation 1 00 LS @ $5,179 62 $5,179.62 SUBTOTAL SUBCONTRATOR $5,179.62 MARK-UP ON SUBCONTRACTORS' 12% $621 55 SUBTOTAL SUB -CONTRACTOR COST $5.801.17 GRAND TOTAL $5,801.17 The undersigned, certifies that the above labor, equipment, and material quantities for the additional work described are true and accurate. NOTES/COMMENTS: AC!'S Representative Signature Date ACI A C.I. PROJECT ACTIVE CONSTRUCTION INC. AC2335- Naches River Water Intake PRICING FA SHEET NO: BID ITEM # / FIELD DIRECTIVE A.C.I. PHASE CODE 22-016 DATE WORK PERFORMED 10/13/2022 DESCRIPTION OF WORK Dunng installation of the ELJ's, several of the logs were required to be cut to finish length ACI was directed to haul at excess timber from the site LABOR CLASS / RATES NAME UNION / GROUP CLASSIFICATION HOURS @ RATE TOTAL Kyle Thayer FOREMAN @ 1.0 2.00 @ $93 46 $186.92 Chris Nelson, Greg Fisher OPERATOR II @ 1.0 11 00 @ $86.89 $955 79 Chris Nelson OPERATOR II @ 1 5 2 00 @ $116 24 $232 48 SUBTOTAL LABOR $1,375.19 EQUIPMENT DESCRIPTION / RATES EQUIP. NO. EQUIPMENT DESCRIPTION HOURS / DAYS @ RATE TOTAL Thayer Cat 345 Excavator 2.00 @ $207 42 $414 84 Thayer Truck and Side Dump 13.00 @ $121 28 $1.576.64 SUBTOTAL EQUIPMENT 51,991.48 MATERIAL COSTS METHOD OF DELIVERY 1 DESCRIPTION 1 QTY I UNI 1 @ 1 RATE I TOTAL SERVICE COSTS DESCRIPTION 1 QTY IUNIT I @ I RATE I TOTAL SUBCONTRACTOR COSTS DESCRIPTION I QTY IUNIT1 @ 1 RATE I TOTAL MARK-UP ON LABOR I 31% $426 31 SUBTOTAL LABOR 51,801.50 MARK-UP ON EQUIPMENT' 21% $418 21 SUBTOTAL EQUIPMENT 52,409.69 GRAND TOTAL] $4,211.19 The undersigned, certifies that the above labor, equipment, and material quantities for the additional work described are true and accurate. NOTES/COMMENTS' ACI'S Representative Signature Date AC A C I. PROJECT I ACTIVE CONSTRUCTION INC. AC2335- Naches River Water Intake PRICING FA SHEET NO: BID ITEM # / FIELD DIRECTIVE A.C.I PHASE CODE 22-016 DATE WORK PERFORMED 10/14/2022 DESCRIPTION OF WORK During installation of the ELJ's, several of the logs were required to be cut to finish length. ACI was directed to haul all excess timber from the site LABOR CLASS / RATES NAME UNION I GROUP CLASSIFICATION HOURS @ RATE TOTAL Kyle Thayer FOREMAN @ 1 0 0 50 @ $93 46 $46 73 Chris Nelson, Greg Fisher OPERATOR II @ 1 0 3 00 @ $86.89 $260 67 SUBTOTAL LABOR 5307.40 EQUIPMENT DESCRIPTION / RATES EQUIP. NO. EQUIPMENT DESCRIPTION HOURS I DAYS @ RATE TOTAL Thayer Cat 345 Excavator 0.50 @ $207 42 $103 71 Thayer Truck and Side Dump 3 00 @ $121 28 $363.84 SUBTOTAL EQUIPMENT $467.55 MATERIAL COSTS METHOD OF DELIVERY I DESCRIPTION 1 QTY 1 UNI I @ I RATE I TOTAL SERVICE COSTS DESCRIPTION I QTY IUNIT I © I RATE I TOTAL SUBCONTRACTOR COSTS DESCRIPTION I QTY IUNITI @ I RATE 1 TOTAL MARKUP ON LABOR I 31% $95 29 SUBTOTAL LABOR $402.69 MARK-UP ON EQUIPMENT' 21% $98.19 SUBTOTAL EQUIPMENT $565.74 GRAND TOTAL $968.43 The undersigned, certifies that the above labor, equipment, and material quantities for the additional work described are true and accurate. NOTES / COMMENTS: ACI'S Representative Signature Date LSOLUTUN NO CHANGE ORDER CONTRACTOR: Active Construction Inc. 5110 River Rd E Tacoma, WA 98443 PROJECT: Naches River Water Intake Project Date: Federal Aid: State Contract; Contract Project; Change Order, ©2,22/23 AC Review Documentation Resident Engr. City Water!'Irrigation Engineer Finance (>10 RECAPITULATION Okica tAL PREVIOUS ADDITIONS: PREvlous DEDUCTIONS: PREVIOUS TOTAL; THIS CHAMCi.. (ADO.) (PIED ADJUSTED TOTAL: 2.645,645.t}0 56,600.00 0 2,489,045.00 Sections 1-04..4 and 1-04. ofthe 2022 Standard Specifications shall govern the issuance of this Change Order. The work of this contract is herein modified to include the change detailed below, Additional ,quantities for existing and new items shall constitute the complete and final settlement for al] costs of labor, 'material, equipment, overhead, profit, permit fees, damages (whether direct or indirect), and ail other claims by the contractor as a result of this change. The time for completion is no t changed by this Change Order; © working days are hereby added to the contract. d became parr of the cantrtatt, svbjeck to Ott tandirians c anralned tharein as modified by thts Order. Atac act Recommending by: �✓ Approval by; Aobve Canstrualion lnc Date Michael Nieht, P.E., WSP Construction Manager Your proposal and Robert Harrison, City Manager City of Yakima ptance sha11 c Acknowledged by: NIA Date Surety Attorney Approved Mike ke Shame by, r Shame Mike Shane, Water/Irrigation Engineer City of Yakima 2/24/2023 Date 3/2/23 Date Surely Sea! (ff Applicable) Reason for Change: This change order provides payment for the original fiACO #1. This work consisted of resurveying, excavation, installation of 9 new P-Logs and grading after a survey error during the installation of ELJ #1. The 9 P-Logs already installed were not salvageable. A26 Minor Change will be reduced by the same amount as the new bid item A27 ELJ #1 Relocation for a no change to the total contract cost. Deduct Quantities from the Following Bid Items: id item: A26 Minor Change (0.327) $ 100,000,00 /LS $ (32,700.03) Sales Tax (8.0%) $ (2,616.00) Subtotal Ded (35,316.03) Add the Following Bid Items: Bid item: A27 ELJ #1 Re10Catioel New bid item A27 ELJ #1 Relocation allows for the installation of 9 additional P-Logs in ELJ #1 after a survey error. This includes attempted recoveiy of the already installed P- Logs, resurveying, excavation, procurement and installation of 9 P-Logs and grading. Bid Item A27 ELJ #1 Relocation 1 $ Sales Tax (8.0%) $ Subtotal Add $ Total this Change Order $ 3Z700.03 2,616,00 36,316,03 0.00 Sheet 1-ACI 1-1 payer 2-ACI 2-The er 3-ACI 3-Thayer 4-ACI 4-Thayer 5-ACI 5-Thayer Minor Change Order #1 Su Date 8J16/2022 8/16/2022 8/17/2©22 8/17/2022 8/18/2022 8/18/2022 8/1912022 8/19/2022 8/22/2022 8/22/2022 Description Survey for new ELJ #1 coordinates Su e for ne ELJ #1 coordinates Excavation for corrected posit Excavation for corrected position of E Remainder of excavation for ELJ #1 a ion of ELJ#1 Remainder of excavation for ELJ #1 Installation of 9 P-Logs for ELJ #1 Installation of 9'P-Lo for ELJ #1 Regrading of initial ELJ # were not salvageable. Regrading of initial ELJ were not salvageable. pos ion, P-Logs position. P-Logs Total Cost .40 53.22 682.95 2,555.87 682.95 $ 2,541.22 $ 796.77 $ 9,046.77— $ 9,244.56 1,711.08 WSP Total $ 29,973.79 ACI Total $ 35,426.27 Difference $ 5,452.48 Adjusted Total $ 32,700.03 8/16/2022 $ 2,711.62 8/17/2022 238 82 20 $ 3,224.17 8/19/2022 $ 9,843.54 8/22/2022 $ 10,955.64 Final Contract Voucher Certification ` Vo City of Yakima ea„O n,♦il PROJECT NAME: Naches River Water Intake Project PROJECT NUMBER: AC2335 Date Work Physically Completed: 10/28/2022 Final Contract Amount: $2,431,323.77 All work on the above referenced project has been completed in accordance with the contract documents and the final inspection has been completed, including all required project documentation. I,the undersigned, certify and declare, under penalty of perjury under the laws of the State of Washington, that the foregoing is true and correct: I am authorized to sign for the claimant; that in connection with the work performed and, to the best of my knowledge, no loan, gratuity or gift in any form whatsoever has been extended to any employee of the City of Yakima; nor have I rented or purchased any equipment or materials from any employee of the City of Yakima; that the attached final estimate is a true and correct statement showing all the monies due the claimant from the City of Yakima for work performed and material furnished under this Contract; that I have carefully examined said final estimate and understand the same and; that I, on behalf of the claimant, hereby release and forever discharge the City of Yakima from any and all claims of whatsoever nature which I or the claimant may have, arising out of the performance of said Contract, which are not set forth in said final estimate. The undersigned, G/-i1Zr5 , also hereby certifies that all subcontractors, suppliers, and employees have been paid in accordance with the Contract Documents and all applicable laws, except for Retainage, if any, remaining to be paid. Contractor: Active Construction Inc. Address: 5110 River Rd. E Tacoma, WA 98443 Authorized Official: ( Date: 6A6/Z02_.? Contractor Signature Print Name: CHI Title: / 20JE6 t;77 I hereby certify the above Final Contract Amount to be true and correct, and I authorize final acceptance of the Contract Authorized Official of ContractingAgency ti"" "`--- Date: I to 9 Y --� Robert Harrison, City Manager CITY CONTRACT NO: RESOLUTION NO: Mr. Mike Shane June 20, 2023 Page 1 June 20, 2023 City of Yakima Water and Irrigation Division 2301 Fruitvale Boulevard Yakima,WA 98902 Attn: Mike Shane RE: Naches River Water Intake Project Project Number: AC2335 Final Project Acceptance Dear Mr. Shane, This letter is to notify you that this project is considered physically complete on October 30th, 2022, following the completion of all remaining punch list items. Enclosed is a signed Final Contract Voucher, certifying that all subcontractors, material, suppliers, and laborers utilities in construction of this project have been paid in full and there are no liens or legal actions pending. The Completion Date of the project is June 20th, 2023, following approval of the final Affidavit of Wages paid by the Department of Labor and Industries. We recommend final acceptance of this project by the City of Yakima. We have reviewed the work performed by Active Construction Inc. on this project and believe it has been completed satisfactorily. Please provide us a copy of the Council resolution authorizing project acceptance. WSP-USA will file the "Notice of Completion of Public Works Contract" with the Department of Revenue, Department of Labor and Industries, and Employment Security Department, on behalf of the City of Yakima, following City Council acceptance of the project. Once all three releases have been received and the City of Yakima determines that no liens or claims for labor and materials furnished on this project have been filed, the bond can be released. Mr. Mike Shane June 20, 2023 Page 2 Please provide us with a copy of your notice of releasing the bond. If you have any questions, please feel free to contact Michael Niehl at (206) 431-2269. Sincerely, Michael Niehl Construction Manager WSP USA Cc: Scott Stoneman, WSP USA-Golder, Project Manager/Engineer Nicholas Arnold, WSP USA, Assistant Construction Manager October 28, 2022 Chris Roberts Project Manager Active Construction, Inc 5110 River Rd E Tacoma, WA 98443 RE: Naches River Water Intake Project Project Number: AC2335 Notice of Substantial Completion Dear Mr. Roberts, This letter is to notify you that this project is considered substantially complete in accordance with Section 1-08.9 of the Standard Specifications, with a Substantial Completion Date of October 21, 2022. In field punch list items are complete but some remaining information is still required prior to issuing physical completion: - Manufacture Certification of Compliance for RAMs#3 and#4 - A proof of intent filing for Castaneda Landscaping - Record Drawings (Bid Item #25) - Remaining Riprap, Habitat Boulder, and Log tickets - Items listed in Section 1-08.5 as required If you have any questions, please feel free to contact Michael Niehl at(206)431-2269 or David Thurman at(503) 607-1820. Sincerely, Michael Niehl Construction Manager WSP USA Cc: David Thurman, WSP USA-Golder, Project Manager/Engineer Nicholas Arnold, WSP USA, Assistant Construction Manager Mike Shane, City of Yakima, Water/Irrigation Engineer David Brown, City of Yakima, Water/Irrigation Division Manager Jeff Bond, City of Yakima, Water Treatment Supervisor