HomeMy WebLinkAboutR-2024-065 Resolution authorizing an agreement with Boss Construction, Inc. for Wastewater Treatment Facility Primary Digester Cleaning and Improvements Project W F2715 RESOLUTION NO. R-2024-065
A RESOLUTION authorizing an agreement with Boss Construction, Inc. for Wastewater
Treatment Facility Primary Digester Cleaning and Improvements Project
WF2715.
WHEREAS, the City of Yakima (City) owns, operates, and maintains the Yakima Regional
Wastewater Treatment Facility in accordance with applicable Federal, State and Local
regulations; and
WHEREAS, the interior of two of the Wastewater Treatment Facility's primary digesters
require removal of inert materials to restore digestion capacity and improvements to plumbing
and access for improved digester performance; and
WHEREAS, under City Contract No. 2023-150, the City entered into an agreement with
Gray & Osborne, Inc. to prepare the plans and contract documents for primary digester cleaning
and improvements; and
WHEREAS, the City's Wastewater Division requires construction services for the primary
digester cleaning and improvements; and
WHEREAS, the City used the procedure established by the State of Washington for
competitively bidding projects; and
WHEREAS, Boss Construction, Inc. 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 Boss Construction, Inc. 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 Boss
Construction, Inc., in the amount of Five Hundred Seventy-Seven Thousand Seven Hundred
Thirty-Two Dollars and Eighty-Five Cents ($577,732.85) to provide the construction services
outlined in the contract.
ADOPTED BY THE CITY COUNCIL this 16th day of April, 2024.
21114)
f--;fV1
ATTEST: Patricia Byers, Mayor
.111
*r 4 v
- 1 i'
a*r
Rosalinda Ibarra, City Clerk 'sNiG�c�
CONTRACT
THIS AGREEMENT, made and entered into in triplicate, this \( day ofA, 2024, by and between the
City of Yakima, hereinafter called the Owner, and Boss Construction,INC ,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•$577,732.85,
for WWTF Primary Digester 2 and 3 Cleaning, Project No WF2715, all in accordance with, and as described in the attached
specifications and the 2024 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 substantially completed in one hundred (100)
working days and physically completed in one hundred ten(110)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 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.
a Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that
may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this
indemnification Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages,
compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any
other benefits acts or programs.Contractor shall require that its subcontractors,and anyone directly or indirectly employed
or hired by Contractor, and anyone for whose acts Contractor may be liable in connection with its performance of this
Agreement,comply with the terms of this paragraph,waive any immunity granted under Title 51 RCW,and assume all potential
liability for actions brought by their respective employees.The Parties acknowledge that they have mutually negotiated this
waiver.
b Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then,in the event of
liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent
negligence of the Contractor and the City,the Contractor's liability,including the duty and cost to defend,shall be only to the
extent of the Contractor's negligence.
c. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any
third party
d. The terms of this Section shall survive any expiration or termination of this Contract.
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 t1 dayof('_pri 1 2024.
BOSS Construction, Inc. a S Corporation
Construction C ��ppaany
By. �/, ► �1
City ure Contractor Signature
t0*(, . „(t (DPI, Tim Hart
(Printed Name) ?.4 _F.,KIMg SIN (Printed Name)
'Pc• • 1i1
Attest: i '*�. �l
. 10
t y* :SEAL : i
-I iA r .I i, t. i_i 4 lI . *—•: Its: President
City Clerk qkI►��SHING• �� (President,Owner,etc)
Address: 4945 Guide Meridian
Bellingham, WA 98226
CITY CONTRACT NO'
RESOLUTION NO
1
..
a,
____,)
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.F.
For Meeting of:April 16, 2024
ITEM TITLE: Resolution authorizing an agreement with Boss Construction, Inc.
for Wastewater Treatment Facility Primary Digester Cleaning and
Improvements Project W F2715
SUBMITTED BY: Scott Schafer, Director of Public Works
* Mike Price, Wastewater/Stormwater Manager
SUMMARY EXPLANATION:
City of Yakima (City) Project WF2715 removes inert materials from the interior of two of the
Wastewater Treatment Facility's three primary digesters to restore original biosolids digestion
capacity. The project also includes plumbing modifications and the addition of an access door to
each digester to improve performance and maintainability.
The City previously entered into an agreement with Gray& Osborne, Inc. under City Contract No.
2023-150 to provide design, bidding, and construction services for the digester cleaning and
improvements. The City utilized the procedure established by the State of Washington for
competitively bidding projects. Two contractors submitted bids, with Boss Construction, Inc.
submitting the lowest bid. The contract is for an amount not to exceed $577,732.85 and is attached
for City Council review. The project is funded by Wastewater Capital Fund 478.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
Description Upload Date Type
D Resolution Boss Construction 3/29/2024 Resolution
D Contract 3/28/2024 Contract