HomeMy WebLinkAboutR-2023-142 Resolution authorizing an agreement with Iron Horse LLC for Project SW2651 2023 Drainage Improvement District Rehabilitation RESOLUTION NO. R-2023-142
A RESOLUTION authorizing an agreement with Iron Horse, LLC. for Project SW2651 2023
Drainage Improvement District Rehabilitation.
WHEREAS, the City of Yakima owns, operates, and maintains the Stormwater Collection
System in accordance with applicable Federal, State and Local regulations; and
WHEREAS, portions of the stormwater conveyance system comprising sections of former
Drainage Improvement District infrastructure in various locations in the City of Yakima require
improvements; and
WHEREAS, under City Contract No. 2020-124, the City entered into an agreement with
HLA Engineering and Land Surveying, Inc. to prepare the plans and contract documents for the
cured-in-place rehabilitation of 5,508 linear feet of pipe and 11 manholes to improve stormwater
conveyance; and
WHEREAS, the City of Yakima Stormwater Division requires construction services for the
stormwater system improvements; and
WHEREAS, the City of Yakima used the procedure established by the State of
Washington for competitively bidding projects; and
WHEREAS, Iron Horse, LLC. submitted the low bid and has the ability to perform the
contract specified work; 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 Iron Horse, LLC. to provide construction services outlined
in the contract.; 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 Iron Horse,
LLC., in the amount of Five Hundred Twenty Thousand and Twenty-Nine Dollars ($520,029) to
provide the construction services outlined in the contract.
ADOPTED BY THE CITY COUNCIL this 7th day of November, 2023.
ATTEST: Janice Deccio, Mayor
.Rosalinda Ibarra, City Cler ��� ''•.. "* .'�o=%
CONTRACT
THIS AGREEMENT, made and entered in triplicate,this 8_ t,dayy of Nog , 201.b, by and between
the City of Yakima , hereinafter called the Owner, and V a
Washington Corporation, 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: $Vic\`b"L71 , for 2023 CIPP DID Rehabilitation, City of Yakima Project No.
SW2651, all in accordance with, and as described in the attached plans and 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 every part thereof.
Contract time shall begin on the first working day following the Notice to Proceed Date and shall be
completed in thirty-five (35)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 (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 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. Contractor agrees to 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 Contract or the acts, failures to act, errors or omissions of the Contractor, or any of Contractor's agents
or subcontractors, in performance of this Contract, 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
G\PROJECTS\2022\22165E1Spec\22165 Spec docx 4-2
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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 g day of NO V 20n�3 Irv\ 1b . l._LL ,a Corporation
Contractor
6./......,ekaV.-(-)W/P,'- --� By: Oiyw L, V V aiu
Att' . City Manager
Att;: Cav l`\e, n A Wft
��.�A 1V�
1 4 .1/1 i 4 % I / it 4. PKt:nA �1%I. (Print Name)
City Cler �% '-s*�. .i
y =' I, ro Its: c\ i M�M�
f * :SIC,>� resident,�P Owner,etc.)
�/ ._ "* ' _. Address:550\ NIL 22.3r -P1\(l2. P� Q
'',thy II s MNG"o� (���
--•..._� Irv\QLk off. ` t-�UZ4 1
CITY CONTRACT NO: PA./ /
RESOLUTION NO: AMISE(9.-----
G'1PROJECTS12 0 2 2122 1 65E1Spec122165 Spec docx 4-3
CERTIFICATIONS
CITY OF YAKIMA
2023 CIPP DID REHABILITATION
CITY OF YAKIMA PROJECT NO. SW2651
HLA PROJECT NO. 22165
Provide the following:
Edr
Name of a is Control Manager(TCM)
(Must be an employee of the Contractor)
(<Phone: C&°1 "'(Q Q &D
Email: e" Jyi b \y(NY1kntiy`�k\C. C.O,M
Name of Certified Traffic Control Supervisor(TCS)
(Provide copy of certificate)
Phone:
Email:
,Sexes1-frX
Name of Mandatory Alternate Certified Traffic Control Supervisor(TCS)
(Provide copypy of certificate)
(Phone: t6 .91S—'9'O
Email: ` e OtYd(`hmrx.k. C (l
Davt
Name of Certified Testing Laboratory for Material Testing
Phone: hie) ,f�l'cl4(SU ,°)2
Email: _(112uC 1'Y11— �•V�S
G\PROJECTS\2022\22165E\Spec\22165 Spec docx 4-4
CONTRACT BOND
CITY OF YAKIMA
2023 CIPP DID REHABILITATION
CITY OF YAKIMA PROJECT NO. SW2651 Bond #023228572
HLA PROJECT NO. 22165
BOND TO CITY OF YAKIMA
KNOW ALL PERSONS BY THESE PRESENTS.
That we, the undersigned, Iron Horse, LLC
as principal, and Liberty Mutual Insurance Company
a corporation organized and existing under the laws of the State of MA , as a Surety
corporation, and qualified under the laws of the State of Washington to become Surety upon bonds of contractors
with municipal corporations, as Surety, are jointly and severally held and firmly bound to the City of Yakima in
the penal sum of$ 520,029.00 for the payment of which sum we bind ourselves and
our successors, heirs, administrators, or personal representatives, as the case may be.
This obligation is entered into in pursuance of the statutes of the State of Washington and the Ordinances of the
City of Yakima. aid
Dated at y(i,�C.i.Yy.r� , , Washington,this U- day of kl6yytbvr—, 2023.
Nevertheless, the conditions of the above obligation are such that:
WHEREAS, under and pursuant to action of the City of Yakima, on Uov(,ry‘ .i , 2023,the City
Manager of said City of Yakima, has let or is about to let to the said
Iron Horse, LLC , the above bounden Principal, a certain
Contract, the said Contract being numbered HLA Project No. 22165, and providing for the construction of 2023
CIPP DID REHABILITATION which Contract is referred to herein and is made a part hereof as though attached
hereto, and
WHEREAS, the said Principal has accepted, or is about to accept, the said Contract, and undertake to perform
the work therein provided for in the manner and within the time set forth;
NOW, THEREFORE, if the said Iron Horse, LLC shall
faithfully perform all the provisions of said Contract in the manner and within the time therein set forth, or within
such extensions of time as may be granted under said Contract, and shall pay all laborers, mechanics, sub-
contractors and material men and all industrial insurance premiums, and all persons who shall supply said princi-
pal or subcontractors with provisions and supplies for the carrying on of said work, and shall indemnify and hold
the City of Yakima harmless from any damage or expense by reason of failure of performance as specified in
said Contract or from defects appearing or developing in the material or workmanship provided or performed
under said Contract within a period of one year after its acceptance thereof by the City of Yakima, then and in
that event this obligation shall be void; but otherwise it shall be and remain in full force and effect.
G\PROJECTS\2022\22165E\Spec\22165 Spec docx 4-5
it,
CITY OF YAKIMA
2023 CIPP DID REHABILITATION
CITY OF YAKIMA PROJECT NO. SW2651
HLA PROJECT NO. 22165
SURETY: Liberty Mutual Insurance Company CONTRACTOR:
gy. ,�l 4 11 V/Ifil Iron Horse, LLC
1 (Attorney-in-fact) CONTRACTOR NAME
Narre• Kristen McGillvrey gy:
(Please Print or Type) AUTHORIZED O IC L'S SI ATURE
Agent. HUB International Northwest, LLC Name: COi(\\ 1 sJ\ \t
(Please Print or Type)
Address: PO Box 10167
Eugene, OR 97440
Surety Representative Name:
Kristen McGillvrey
Surety Representative Phone:
541-687-1117
Surety Representative Email
kristen.mcgillvrey@hubinternational.cam
proved as to Form
City A orney
G\PROJECTS\2022\22165E\Spec\22165 Spec docx 4-6
This Power of Attorney limits the acts of those named herein,and they have no authority to
v- bind the Company except in the manner and to the extent herein stated.
`4i, Liberty
Liberty Mutual Insurance Company
,f ` Mutual., The Ohio Casualty Insurance Company Certificate No 8209163-969225
West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Ashlee
Baumgarter,David M Holland,Dean R Pollock;Erik Furrow,James R Cox,Kristen McGilvrey,Summer Hugh,Tina A Costa
all of the city of Eugene state of OR each individually if there be more than one named,its true and lawful attorney-in-fact to make,
execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 20th day of December , 2022
Liberty Mutual Insurance Company
P.1NSu P.SV INS& a tNs44 The Ohio Casualty Insurance Company
,J c°aPO"�tr yC+ y`� °oaPORer�y .GP,,o --ar % West American Insurance Company
3 • to Q t �o C$ r % to
; 1912q 0 c 1919 T, l' 1991 n
Z O 6 O
N 'Ci.1419 CNUs da SO NAMPea�a� Y 4N°IANi, a� 4f/1 _,% U
03 ByDavid M.Carey,Assistant Secretary 7-6
-`m State of PENNSYLVANIA —
County of MONTGOMERY ss - E
o , On this 20th day of December , 2022 before me personally appeared David M Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Si w
L > Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes E
ct
it)_ therein contained by signing on behalf of the corporations by himself as a duly authorized officer. a)<J
IN WITNESS WHEREOF,I have hereunto subscnbed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written Q N
aO N `'ps PAS7, a 2,< �;�oNwE .', Commonwealth of Pennsylvania-Notary Seal T_
wp tp o' S'<,, C Teresa Pastella,Notary Public ///�` //�� ®® CD'ci
I A. o x..» Montgomery County �Q-/-/ et/ E E
o w
. OF My commission expires March 28,2025
ommission number
CD �2 .inyyL,10'w,O Member,Pennsylvania Pe nsylvan a Association o Notaries BY eresa Pastella,Notary Public Q o
mco w `tee' ,v
t c This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 3 oop
E•— Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows. o CV
ARTICLE IV-OFFICERS:Section 12 Power of Attorney. a c9"tjAny officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the--0,-
. President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety 03 CD
To c any and all undertakings,bonds,recognizances and other surety obligations Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall-o cf°i
o 15 have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such o am
Z instruments shall be as binding as if signed by the President and attested to by the Secretary Any power or authority granted to any representative or attorney-in-fact under the a ca
provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. Li-a
ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings
Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,
bonds,recognizances and other surety obligations Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M Carey,Assistant Secretary to appoint such attorneys-in-
fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety
obligations
Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same force and effect as though manually affixed
I,Renee C Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and
has not been revoked
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of , 2023 .
top.Poit,,:+to oisc �Z1 INSV Mt/
2 F WO mW3Foto1912 n o i. 4, 0 Q1991 0 ��e��*°*ado Z��yhAMPg�aaDY1 �fsp4N°IAN�a3 By:ReneeCLlewellyn,AssistantSecretary
1 * > M * 1
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____,)
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.C.
For Meeting of: November 7, 2023
ITEM TITLE: Resolution authorizing an agreement with Iron Horse LLC for
Project SW2651 2023 Drainage Improvement District
Rehabilitation
SUBMITTED BY: Scott Schafer, Director of Public Works
*Mike Price, Wastewater/Stormwater Division Manager
SUMMARY EXPLANATION:
City of Yakima (City) Project SW2651 rehabilitates 5,508 linear feet of stormwater conveyance
pipe and 11 manholes that were previously a part of Drainage Improvement District (DID)
infrastructure at various locations as shown on the attached Project Location Map. The project
will utilize cured-in-place lining technology to minimize excavation and other disturbances.
The City previously entered into an agreement with HLA Engineering and Land Surveying, Inc. under
City Contract No. 2020-014 to provide engineering design, bidding, and construction services for the
project. The City utilized the procedure established by the State of Washington for competitively
bidding projects. Four contractors submitted bids, with Iron Horse, LLC. submitting the lowest bid. The
contract is for an amount not to exceed $520,029 and is attached for City council review. The project
is funded by Stormwater Capital Fund 442.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
Description Upload Date Type
❑ 10/24/2023 Resolution
❑ 10/25/2023 Corer Memo
❑ 10/17/2023 Backup Material
2
RESOLUTION NO. R-2023-
A RESOLUTION authorizing an agreement with Iron Horse, LLC. for Project SW2651 2023
Drainage Improvement District Rehabilitation
WHEREAS, the City of Yakima owns, operates, and maintains the Stormwater Collection
System in accordance with applicable Federal, State and Local regulations; and
WHEREAS, portions of the stormwater conveyance system comprising sections of former
Drainage Improvement District infrastructure in various locations in the City of Yakima require
improvements; and
WHEREAS, under City Contract No. 2020-124, the City entered into an agreement with
HLA Engineering and Land Surveying, Inc. to prepare the plans and contract documents for the
cured-in-place rehabilitation of 5,508 linear feet of pipe and 11 manholes to improve stormwater
conveyance; and
WHEREAS, the City of Yakima Stormwater Division requires construction services for the
stormwater system improvements; and
WHEREAS, the City of Yakima used the procedure established by the State of
Washington for competitively bidding projects; and
WHEREAS, Iron Horse, LLC. submitted the low bid and has the ability to perform the
contract specified work; 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 Iron Horse, LLC. to provide construction services outlined
in the contract.; 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 Iron Horse,
LLC., in the amount of Five Hundred Twenty Thousand and Twenty-Nine Dollars ($520,029) to
provide the construction services outlined in the contract.
ADOPTED BY THE CITY COUNCIL this 7th day of November, 2023.
ATTEST: Janice Deccio, Mayor
Rosalinda Ibarra, City Clerk
3
CONTRACT
THIS AGREEMENT, made and entered in triplicate,this day of ��.,�,.,, ,�,202. by and between
the City of Yakima , hereinafter called the Owner, and I((y(\ tktiAC ( - a
Washington Corporation, 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: $ (J7 PI , for 2023 CIPP DID Rehabilitation, City of Yakima Project No.
SW2651, all in accordance with, and as described in the attached plans and 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 every part thereof.
Contract time shall begin on the first working day following the Notice to Proceed Date and shall be
completed in thirty-five (35) 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 (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 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. Contractor agrees to 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 Contract or the acts, failures to act, errors or omissions of the Contractor, or any of Contractor's agents
or subcontractors, in performance of this Contract, 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.
G:\PROJECTS\2 02 212 21 65E\Spec122165 Spec.docx 4-2
4
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 ` CO,_NTRACTOR
this day of 20_ \vtr ]1. tLLC ,a Corporation
Contra;,or
By: edit ,,
V -. /t M_
City Manager CRO�ie • A t\Ve
Attest: ,�\
(Print Name)
City Clerk Its: ;0 N/
1
residen Owner,etc.)
Address:55c\ N� 222$ P(V 1:31c\c 0
rx Yv w 1 Off t- ol9- 7 1
G:\PROJECTS\2022\22165E\Spec122165 Spec.docx 4-3
5
PROJECT LOCATION MAP
SW2651
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