HomeMy WebLinkAboutR-2023-091 Resolution authorizing an agreement with Cortez Fencing for the construction of fencing along Naches ParkwayRESOLUTION NO. R-2023-091
A RESOLUTION authorizing an agreement with Cortez Fencing, LLC for the Naches
Avenue Parkway Fencing Project 2764.
WHEREAS, the Naches Parkway is a set of islands that runs through Naches Avenue,
both North and South for a number of blocks; and
WHEREAS, on the blocks between Yakima Avenue and Walnut Street on the Naches
Avenue Parkway the irrigation system and landscaping has been damaged on more than one
occasion; and
WHEREAS, in order to maintain the Naches Avenue Parkway the City Council finds it is
necessary to fence a portion of the Naches Parkway; and
WHEREAS, the City went out to bid for the City of Yakima—Naches Avenue Parkway
Fencing Project —Re -bid City Project No. 2764, and Cortez Fencing was awarded said bid; and
WHEREAS, Cortez Fencing shall provide all labor, materials and permits (as needed) to
install new fencing and landscaping rock around the two islands of Naches Parkway along
Naches Avenue from Yakima Avenue to Walnut Street subject to the terms and conditions of
the bid documents, contract and standard specifications referenced therein; and,
WHEREAS, the Scope of Work and Budget included in this contract meets the needs
and requirements of the City of Yakima for this project; and
WHEREAS, the City Council finds that it is in the best interests of the City and its
residents to enter into the contract with Cortez Fencing to fence the Naches Avenue Parkway
islands from Yakima Avenue to Walnut Street; 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 Cortez Fencing LLC,
attached hereto and incorporated herein by this reference, not to exceed One Hundred
Ninety Four Thousand Nine Hundred and Thirty Nine Dollars and Ninety Nine Cents
($194,939.99) to provide the construction services outlined in the contract.
ADOPTED BY THE CITY COUNCIL this 20th day of June, 2023.
1
-4 "4,"
Janice Deccio, Mayor
ATTEST:
Rosalinda Ibarra, City CI
CONTRACT
THIS AGREEMENT, made and entered into in triplicate, this ea ay of &Nit , 2023, by and between the City of Yakima,
hereinafter called the Owner, and Cortez Fencing, 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: 5194,939.99, for City
of Yakima — Naches Avenue Parkway Fencing Project — Re -bid, City Project No. 2764, all in accordance with, and as described in the
attached specifications and the 2023 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 even?, part thereof.
Work shall start within ten (10) days after the Notice to Proceed and shall be completed in thirty-five (35) 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 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,
19. 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 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, arid 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 WlliNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein above written.
Countersigned: CITY OF YAKIMA
this k day
CONTRACT N.(1
NO
2023.
City Clerk
CONTRACTOR
(c)r4i2.._ Fa(.A) ,a Limited Liability Company
Contractor'
By: e_ c6i47.e
Its:
Address:
President, Owner, etc,
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.L.
For Meeting of: June 20, 2023
Resolution authorizing an agreement with Cortez Fencing for the
construction of fencing along Naches Parkway
Scott Schafer, Public Works Director
* Ken Wilkinson, Parks & Recreation Manager
SUMMARY EXPLANATION:
The City of Yakima (City) desires for the beautification and restoration of the two islands along
Naches Parkway south of Yakima Avenue. Over the past few years, damage to the irrigation
system and landscaping of the two islands have occurred on multiple occassions; costing the
Parks & Rec Division a significant amount of funds to repair/replace. In order to properly maintain
the two islands, it has been determined that fencing of the islands has become necessary.
The City went out to bid for the Naches Avenue Parkway Fencing Project and selected Cortez
Fencing. Cortez Fencing will install new decorative fencing and landscaping rock around the two
islands along Naches Ave. from Yakima Ave. to Walnut St. The attached Agreement with Cortez
Fencing is in an amount not to exceed $194,940 and will be funded utilizing REET Funds.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: NA
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description
0 Resolution
❑ Cortez Fencing - Naches Parkway Fencing
Upload Date
6/12/2023
6/12/2023
Type
Resolution
Contract
Change Order
'Air City of Yakima
• Change Order Number 01
Project: Naches Ave Parkway Fencing Project Change Order Date 11/1/23
City of Yakima Project No.2764 Contract Number 2764
To: Contract Date June 5,2023
r ortez Fencing, LLC
1206 E Wheeler Road
Moses Lake,WA 98837
L J
You are directed to make the following changes in this Contract:
This change order is to modify work included in Lump Sum Bid Item#1 -Parkway Fencing Complete.Work
will entail the installation of 2-10'gates in place of the planned 2-5'gates to allow maintenance equipment
adequate access to site.
Work will include:
Installation of 2-5'tall Black rod iron heavy frame double gates, majestic style frames for opening of 10ft with
drop rod and lockable latch,gate posts holes to be cemented 24'inches deep,weld on industrial heavy duty
block hinges.Cost to complete this work job totals$7,689.30 each($15,378.60 total).Cost includes all travel,
labor, materials needed.(See attached)
Deducted items based off of Lump Sum Breakdown total$9,019.33. (See attached)
Total Change to project is an increase of$6,359.27.
All work is to be competed in accordance with the original contract agreement.
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 lime.
The original Contract Sum was $ 194,939.99
Net change by previous Change Orders $ 0
The Contract Sum prior to this Change Order $ 194,939.99
The Contract Sum will be: X Increased ❑Decreased 0 Unchanged by this Change Order $ 6,359.27
The New Contract Sum including this Change Order will be $ 201,299.26
The Contract Time will be: 0 Increased 0 Decreased 0 Unchanged by N/A ,working days
The New Contract lime will be N/A working days
•
IContracto =I Recommended Ap
I �G By r / ,/ F trueaon Supervisor By o Ams:fir
Title / C" i P' Date I // 3!/Z3 Date
1I 2-2 )2 j- = E� A r
Date Date y2„3 _._._._ �` MrAanagei
Date 1_11.3I O+O a3
ong nai to: 0 Contractor Copes to: 0 RegionBased. 0 Construction Administrator
Dar Fom Rmsed 9/99 `� ❑OSC Accounting 0 City Engineering l_��_I��i�,l��1L
CITY CONTRACT NO.011 l
RFSOLUTION NO: (2,-_00� '-Oi
Change Order No. 1
10/31/2023
City Proj No. 2764- Naches Ave Parkway Fencing Project
Changes to Lump Sum Bid Item #1- Parkway Fencing Complete
NEW ITEMS(PER ATTACHED QUOTE#63230)
ITEM QTY UNIT AMOUNT
HINGES 4 $ 450.00 $ 1,800.00
GATES 4 $ 1,600.00 $ 6,400.00
LABOR 4 $ 1,500.00 $ 6,000.00
SUB TOTAL: $ 14,200.00
TAX @8.3: $ 1,178.60
TOTAL: $ 15,378.60 Includes all travel, labor, materials
DEDUCTIVE ITEMS(PER ATTACHED PROJECT BREAKDOWN)
ITEM QTY UNIT AMOUNT
PANEL 2 $ 330.00 $ 660.00
HINGES 2 $ 650.00 $ 1,300.00
GATES 2 $ 3,000.00 $ 6,000.00
LABOR 10 $ 36.81 $ 368.10
SUB TOTAL: $ 8,328.10
TAX @8.3: $ 691.23
TOTAL: $ 9,019.33
Net Project Change $ 6,359.27
ORIGINAL CONTRACT SUM $ 194,939.99
CHANGE $ 6,359.27
NEW CONTRACT SUM $ 201,299.26
111C111111111
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CORTEZ FENCING LLC
#CORTEFL791QK
1206 E wheeler Rd
Moses Lake, WA 98837
10/10/23 Quote #63230. Yakima parkway
Change order one: Installation 5ft tall Black rod iron heavy frame double gates,majestic style
frames for opening of loft with drop rod and lockable latch,gate posts holes to be cemented
24"inches deep,weld on industrial heavy duty block hinges cost($450 each set two
needed),gate cost($1,600.00 each two needed),labor($1,500.00 each install).This
includes all travel,labor,materials needed to complete this job.
: Progress Payments of Price shall be made as follows: Half of total amount due at start
date and final payment upon competition of job. If not paid within(30)days,a finance
charge of eighteen percent(18%)per annum.The vendee agrees to pay all cost of
collection or costs of attempting to collect delinquent payments,including reasonable
attorney's fees,whether the same is collected through suit or otherwise.Accounts that
are unpaid 90 days from the date of purchase will be rendered inactive.
Total: $7,100.00
Tax: 8.3%
Total Cost: $7,689.30
niii'r1r"rT1AhI; in
i
1111
CORTEZ FENCING LLC
#CORTEFL791QK
1206 E wheeler Rd
Moses Lake, WA 98837
10/23/23 Naches parkway project
Project Break down:
200 of majestic 5ft ornamental panel at $330.00ea total $66,000.00
204 of 2.5" 14ga post at 49.00ea total $9,996.00
45 of unv blvd brkt blk 2bg at $20.00ea total $900.00
12 swivel bracket blk 2bg at $25.00ea total $300.00
12 flat back bracket 2bg at $15.00ea total $180.00
2 ornamental heavy gates at $3,000.00ea total 6,000.00
2 steel precision heavy block hinges at 650.00ea total $1,300.00
270 2.5" line brackets blk 2bg at $25.00ea total $6,750.00
Labor by foot $36.81 at 1591ft total $58,564.71
Total: $149,990.71