HomeMy WebLinkAboutR-2023-018 Resolution authorizing a Contract with ESF Solutions LLC for the Robertson Elementary School Safety Improvements Project 2562RESOLUTION NO. R-2023-018
A RESOLUTION authorizing an agreement with ESF Solutions LLC for the Robertson
Elementary Safe Routes to School project (PROJECT) 2562.
WHEREAS, the City of Yakima (City) is in the process of improving School Safety at
Robertson Elementary School; and
WHEREAS, the City desires to enter into a contract with ESF Solutions LLC to perform
construction of a marked crosswalk including illumination, rectangular rapid flashing beacons,
ADA curb ramp retrofits, sidewalk with curb and buffer separation in the vicinity of Robertson
Elementary School; and
WHEREAS, the City used the procedure established by Washington State law for the
bidding and awarding of public capital improvement projects; and
WHEREAS, ESF Solutions LLC was determined to be qualified to construct the
PROJECT; and
WHEREAS, the construction is 100% funded by a WSDOT Safe Routes to School grant
received by the City; and
WHEREAS, the City Manager will not execute the contract if the bond and certificate of
insurance are not received in accordance with the WSDOT Standard Specifications; and
WHEREAS, the City Council finds that it is in the best interests of the City of Yakima and
its residents to undertake the Robertson Elementary School Safety Improvements Project 2562
and enter into a contract with ESF Solutions LLC to do so; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute a contract with ESF Solutions LLC,
attached hereto and incorporated herein by this reference, not to exceed $438,670.01 (four
hundred and thirty-eight thousand six hundred and seventy dollars and one cent) to provide for
the construction of the safe routes to school project as described in the Agreement.
ADOPTED BY THE CITY COUNCIL this 7th day of February, 2023.
Sonyadiaar Tee, City CI rk
41(13 TO
Janice Deccio, Mayor
CONTRACT
THIS AGREEMENT, made and entered into in triplicate, this day of JLL. 2023, by and between the City of Yakima,
hereinafter called the Owner, and ESF Solutions LLC, a Washington Limited Liability Company, hereinafter called the Contractor.
WITNESSETH:
That in consideration of the terms and conditions con a ned 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.$438,670.01, for Robertson
Elementary School Safety improvements, City of Yakima Project No. 2562, ail in accordance with, and as described in the attached specifications
and the 2022 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 forty-five (45) working days, The first chargeable working
day shall be the llth 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 ail 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.
11. 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 compete 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 release, indemnify, defend, and hold harmless the City, its elected and appointed officials, officers,
employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and expenses related to all claims, suits,
arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this Agreement or the acts,
failures to act, errors or omissions of the Contractor, or any Contractor's agent or subcontractor, in performance of this Agreement, except for claims
caused by the City's sole negligence. The City's right to indemnification includes attorney's fees and costs associated with establishing the right to
indemnification hereunder in favor of the City.
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
CITY CONTRACT NO:
RESOLUTICN No,
day of
2023.
ESF Solutions ,a Washington LLC
Contractor
By:
Its:
(Print Name)
President
(President, Owner, etc.)
620 WH Pine Street
Address:
Walla Walla, WA 99362
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.G.
For Meeting of: February 7, 2023
Resolution authorizing a Contract with ESF Solutions LLC for the
Robertson Elementary School Safety Improvements Project 2562
Scott Schafer, Director of Public Works
* Bill Preston, City Engineer - (509) 576-6754
SUMMARY EXPLANATION:
The City of Yakima (City) desires to enter into a contract with ESF Solutions LLC to perform
school safety improvements in the vicinity of Robertson Elementary School on Project 2562.
This project will install curb, gutter, sidewalks, ADA ramps, drainage and other work. The project
is funded through the Washington State Department of Transportation Safe Routes to Schools
Program Grant. The contract with ESF Solutions LLC is in an amount not to exceed $438,670.01
and has been attached for City Council review.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description
0 Resolutbn
D Contract
Upload Date
1/11/2023
1/10/2023
Type
Resolutbn
Contract
Change Order
City of Yakima 001
r ' Change Order Number
Robertson ElementarySchool SafetyImprovement: Change Order Date August 2,2023
Project:,.,..(Name) P 9
(Number) 2562 Contract Number 2562
To: (Contractor) r Contract Date
'ESF Solutions, LLC
P.O. Box 1707
Walla Walla,WA 99362
L J
You are directed to make the following changes in this Contract:
Delete the first paragraph of the contract Special Provision 1-08.5 Time for Completion, and add paragraphs three and four of
Section 1-08.5 of the 2023 Standard Specifications.
Revise the third sentence of paragraph four to read:
If requested by the Contractor in writing,the Engineer will provide the Contractor a weekly statement that shows the number
of working days: (1)charged to the Contract the week before; (2)specified for the Physical Completion of the Contract;and
(3)remaining for the Physical Completion of the Contract.The statement will also show the nonworking days and all half or
whole days the Engineer declares as unworkable.
This Change Order shall be retroactive to the Notice to Proceed Date.
Not valid until signed by both the Approving Authority and Contractor.
Signature of the Contractor indicated agreement herewith,including any adjustment on the Contract Sum or Contract Time.
The original Contract Sum was $ 438,670.01
Net change by previous Change Orders $ 0.00
The Contract Sum prior to this Change Order $ 438,670.01
The Contract Sum will be: ❑ Increased ❑ Decreased a Unchanged by this Change Order $ 0.00
The New Contract Sum including this Change Order will be $ 438,670.01
The Contract Time will be: ❑ Increased ❑Decreased El Unchanged by 0 working days
The New Contract Time will be 45 working days
Contractor Approval Recommended Aroval mended
Construction Supervisor Pubi rks Dire
Aaron Grimm — /
By President ate.,. >.,—,� By ,,, �P�y' By
Title Date 8/22/2023 `� Date 9//3/23 e City Engineer Appro.
Date 8/8/2023 CityMan.;
Digitally signed by Bill f, tL
L.....
By Bill Preston preston By /
Ddte.2023AO 6��� 'a
Date tar m a �o- 'nO'n' Date
Based s�o-oo�eF Original to: NI Contractor Copies to: 0 Region 0 Construction Administr tor_NTRACT NO:a21 *'_I
Revisedos/2o2i OSC Accounting ®City Engineering _
RESOLUTION NO:
`""``.. Change Order
�,- 7 l City of Yakima
Change Order Number 002
Robertson ElementarySchool SafetyImprovement: Change Order Date August 2,2023
Project: (Name) P g
(Number) 2562 Contract Number 2562
To: (Contractor) r Contract Date
'ESF Solutions,LLC
P.O.Box 1707
Walla Walla,WA 99362
L J
You are directed to make the following changes in this Contract:
Furnish and install all labor,equipment,and material to connect the existing Type 1 Catch Basin,field located at STA 108+13
to the existing Type 1 Catch Basin,located at STA 108+04. 11.5 RT.
Justification:
As required by the Contract,the contractor located the existing storm facilities in this area. Upon locating,it was determined
that the existing Type 1 Catch Basin shown at STA 108+04 from City records was actually located at STA 108+13. It was
further determined that the 8-inch SDR 35 PVC Storm Sewer pipe between the existing Type 1 Catch Basin and Type 2
Catch Basin located at STA 108+04, 11.5 RT included two 90°elbows. Upon review by City Staff,it was determined that the
elbows should be eliminated,and a new C900 PVC pipe should be installed between the Type 1 Catch Basin at STA 108+13
and the Type 2 Catch Basin STA 108+04, 11.5 RT.
Not valid until signed by both the Approving Authority and Contractor.
Signature of the Contractor indicated agreement herewith,including any adjustment on the Contract Sum or Contract Time.
The original Contract Sum was $ 438,670.01
Net change by previous Change Orders $ 0.00
The Contract Sum prior to this Change Order $ 438,670.01
The Contract Sum will be: ®Increased 0 Decreased 0 Unchanged by this Change Order $ 6,914.56
The New Contract Sum including this Change Order will be $ I
445,584.57
The Contract Time will be: ®Increased 0 Decreased 0 Unchanged by 2 working days
The New Contract Time will be 47 working days
Contractor Approval Recommended •rev I R nd d
Aaron Grimm -._— . Construction�.' $°g0rvisor 1 sD t
tzt<
By President By / / - By '�
Title 8/22/2023
Date Date
City Engineer Approved
Date 8/8/2023 City Ma
6y Digitally signed try gill t �
Bill Preston o" ;023.08,2a By / ____
,
Date tO.4B23 07'00, Date l �o1F?'3�j
Based on original to: o Contractor Copies to: a Region 0 Construction Administrator ?�-� ( j �
°°T Revised 570-001 EF a OSC Accounting ® Engineering CITY CONTRACT NO'
Reesed°e/zozi City 9 9
RESOLUTION NO: R-a00 3_0I_`